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Home My WebLink About13-3878 Supreme Court:, o Pennsylvania Cour Comm Pleas For Prothonotary Use Only jyI et C County Docket No: 5� Y . 1` 31 f The information collected on this form is used solely for court administration purposes. This form does not su lement or replace the filing and service ofpleadings or other papers as required bylaw or rules o court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: JPMORGAN CHASE BANK, Lead Defendant's Name: MUHAMMAD RAMZAN T N.A. Are money damages requested? ❑Yes 9 No Dollar Amount Requested: El within arbitration limits Check one x❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes x❑ No Is this an MDJ Appeal? ❑ Yes x❑ No A Name of Plaintiff /Appellant's Attorney: Melissa J. Cantwell, Esa., Id. No.308912, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case PRIMARY CASE. If you are making more than one type of claim check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board . C ❑ Other: T I I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration $ ❑ Other: ' ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01 /01/2011 C::� y t C C.D CD ..-4 PHELAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 JPMORGAN CHASE BANK, N.A. 1111 POLARIS PARKWAY COURT OF COMMON PLEAS COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff V. TERM MUHAMMAD RAMZAN NO. 13 , J 4900 CHARLES ROAD MECHANICSBURG, PA 17050 -3036 CUMBERLAND COUNTY RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050 -3036 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE are Ou►� File #: 324702 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800)990 -9108 File #: 324702 1. Plaintiff is JPMORGAN CHASE BANK, N.A. 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: MUHAMMAD RAMZAN 4900 CHARLES ROAD MECHANICSBURG, PA 17050 -3036 RIZWANA R. AHM ED 4900 CHARLES ROAD MECHANICSBURG, PA 17050 -3036 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/17/2006 MUHAMMAD RAMZAN and RIZWANA R. AHMED made, executed and delivered a mortgage upon the premises hereinafter described to JPMORGAN CHASE BANK NATIONAL ASSOCIATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1974, Page 4096.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 324702 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 06/06/2013: Principal Balance $105,666.52 Interest $2,861.80 01/01/2013 through 05/31/2013 Late Charges $118.80 Property Inspections $28.00 Subtotal $108,675.12 Escrow Credit 724.42 TOTAL $107,950.70 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. The mortgage premises are vacant and abandoned File #: 324702 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $107,950.70, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff File 4: 324702 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly side of Charles Road, said point of beginning being at the dividing line between Lots Nos. 26 and 27, Block'B', on the hereinafter mentioned Plan of Lots; thence southwardly along said dividing line, a distance of one hundred twenty (120) feet to a point at lands now or formerly of P & S Development, Inc.; thence westwardly along same, a distance of sixty -five (65) feet to a point; thence northwardly along a line running at right angles to Charles Road, a distance of one hundred twenty (120) feet to a point on the southerly side of Charles Road; thence eastwardly along same, a distance of sixty -five (65) feet to the point and place of BEGINNING. BEING Lot No. 26, Block'B' on Plan No. 3 of Delbrook Manor, said Plan being recorded in the Office of Recorder of Deeds in and for Cumberland County in Plan Book 8, Page 11. PROPERTY ADDRESS: 4900 CHARLES ROAD, MECHANICSBURG, PA 17050 -3036 PARCEL #10 -22- 0527 -097 File #: 324702 Pennsylvania Verification hereby states that he /9 is Vice President of JPMorgan Chase Bank, N.A. the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. P icerreti=ent Date: 1,3 JPMorgan Chase Bank, N.A Borrower: (O- Property Address: U4 p C -kq-'4 q C)�," Q IQ 11 County: &LAA.4�� Last Four of Loan Number: 'JU,p` FORM 1 IN THE COURT OF COMMON PLEAS JPMORGAN CHASE BANK, N.A. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. C_ frry- rn MUHAMMAD RAMZAN 1 rn r -z, RIZWANA R. AHMED /�� yr- I r / ( J G a Defendant(s) rvil y•n NOTICE OF RESIDENTIAL MORTGAGE FORECLOS,tL?' Y, DIVERSION PROGRAM =. You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: JUL 0 5 2013 Date Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUST Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Y Amount owed: Value: Automobile #2 : Model: Y Amount owed: Value: Other transportation (automobiles boats motoreycles - Model: Year: Amount owed: Value Monthly Income Name of Employers: 1 Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3• Monthly Gross Monthly Net Additional Income Description (not wages): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �,L�-u-OF"F[H Sheriff 1 iE PROTiMNOTARY Jody S Smith0t15s>�� of [�n �f�yr Chief Deputy ' 2013 JUL 18 AM a: 5 9 Orr Richard W Stewart ' GUfEXAhD COUNTY Solicitor OFFICE OFTRE OFT s e IFF P E W`'S Y LVA Pd 1 A JPMorgan Chase Bank, N.A. Case Number VS. Mahammad Ramzan (et al.) 2013-3878 SHERIFF'S RETURN OF SERVICE 07/10/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Rizwana R Admed, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 4900 Charles Road, Hampden Township, Mechanicsburg, PA 17050. Deputies encountered a sign posted on the fron door that said Mortgage Contracting Services with a phone number of 866-563-1100. Per the Mechanicsburg Postmaster the defendant moved and left no forwarding address. 07/15/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Mahammad Ramzan, but was unable to locate-the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 4900 Charles Road, Hampden Township, Mechanicsburg, PA 17050. Deputies encountered a sign posted on the fron door that said Mortgage Contracting Services with a phone number of 866-563-1100. Per the Mechanicsburg Postmaster the defendant moved and left no forwarding address. SHERIFF COST: $55.30 SO ANSWERS, July 15, 2013 RON . R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoff;Inc... Phelan Hallinan, LLP t: :, I HE PROTHONOTARY 1617 JFK Boulevard, Suite 1400 2213 DEC 1 I AM 101 56 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA Attorney for Plaintiff JPMORGAN CHASE BANK, N.A. Court of Common Pleas Plaintiff • Civil Division • vs. • CUMBERLAND County • MUHAMMAD RAMZAN RIZWANA R. AHMED • No. 13-3878-CIVIL Defendants MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, MUHAMMAD RAMZAN and RIZWANA R. AHMED, by first class mail to MUHAMMAD RAMZAN at the mortgaged premises, 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036; posting of the mortgaged premises, 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendants, MUHAMMAD RAMZAN and RIZWANA R. AHMED,personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendants at the mortgaged premises, 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036. As indicated by the Return of Service, no service was made as there was no response to the attempts made by the Sheriff's Deputy. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A". 818460 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendants' whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit"B". 3. Plaintiff contacted the Prothontary's Office and as of September 10, 2013 no Judge has previously entered a ruling in this case. 4. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on November 13, 2013 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs November 13, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendants to bring loan current. 818460 6. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: /2 f/d/j3 By: an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 818460 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A. • Court of Common Pleas Plaintiff Civil Division vs. • • CUMBERLAND County MUHAMMAD RAMZAN • RIZWANA R. AHMED : No. 13-3878-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendants, MUHAMMAD RAMZAN and RIZWANA R. AHMED, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendants at the mortgaged premises, 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036. As indicated by the Return of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendants'whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendants to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. 818460 II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a)n. Similarly,the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive,this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Return of Service, the Sheriff has been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. 818460 III. CONCLUSION As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint upon the Defendants. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Respectfully submitted, PHELAN HALLINAN, LLP Date: Jj heti-r y athan Lobb, Esq., Id.No.312174 Attorney for Plaintiff 818460 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Gate o4 Ca+abrtlt$� Jody.S Smith Chief Deputy r Richard W Stewart Solicitor cove JPMorgan Chase Bank,N.A. Case Number vs. 2013-3875 Maharrgrnad Rarnzan (et al.) SHERIFF'S RETURN OF SERVICE 07/10/2013 Ronny RAnderson, Sheriff,being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to Wit:Riz±trana:.R•Admed,but was unable to locate the Defendant in his bailiwick.The Sheriff therefore rbns the within requested Notice of Residential Mortgage Foreclosure Diversion Program:and'Complaint in Mortgage Foreclosure as"Not Found"at 4900 Charles Road, Hampden Township, Mechanicsburg,PA 17050. Deputies encountered a sign.posted on the fron door that said Mortgage ContractingServices with a phone number of 83-1.100.Per the Mechanicsburg Postmaster the defendant moved and left no forwarding address. 07/15/2013 Ronny R Anderson,Sheriff,being duly swam according to law, states he made diligent search and inquiry for the within named Defendant to wit:Mahammad:Ramzan, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore recursthe within requested Noticed Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure as"Not Found"at 4900 Charles Road, Hampden Township,Mechanicsburg,PA 17050. Deputies encountered a sign posted on the fron door that said Mortgage Contracting Services with a phone number of 866-563-1100, Per the Mechanicsburg Postmaster the defendant moved and left no forwarding address. SHERIFF COST:$55.30 SO ANSWERS, July 15, 2013 .. RONNY ANDERSON,SHERIFF {c}Cov tysette Sent,Teleos*Inc. Exhibit "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 324702 Attorney Firm: Phelan Hallinan, LLP Subject: Muhammad Ramzan&Rizwana R. Ahmed Property Address: 4900 Charles Road,Mechanicsburg,PA 17050 Possible Mailing Address: (Muhammad Ramzan)4900 Charles Road,Hampden,PA 17011 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Muhammad Ramzan-xxx-xx-9383 Rizwana R. Ahmed-xxx-xx-7845 B. EMPLOYMENT SEARCH Muhammad Ramzan&Rizwana R.Ahmed-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Muhammad Ramzan&Rizwana R.Ahmed reside(s) at:4900 Charles Road,Mechanicsburg,PA 17050. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Muhammad Ramzan reside(s) at:4900 Charles Road,Mechanicsburg,PA 17050,however had no listing for Rizwana R. Ahmed.On 06-12-13 our office made a telephone call to the subject's phone number (717)737-4599 and received the following information:not in service. B. On 06-12-13 our office made several telephone calls to a possible phone number of the subject(s) (717) 254-3648 and received the following information: answering machine. III.INQUIRY OF NEIGHBORS On 06-12-13 our office made several phone calls in an attempt to contact Joseph J. Smith (717) 761-1249,4903 Charles Road,Mechanicsburg,PA 17050: answering machine. On 06-12-13 our office made several phone calls in an attempt to contact Vinh Leiu (717) 761-3403,4906 Charles Road,Mechanicsburg,PA 17050: answering machine. On 06-12-13 our office made a phone call in an attempt to contact Cherie E. Dressler (717) 763-0970,4908 Charles Road,Mechanicsburg,PA 17050:spoke with an unidentified female who could not confirm that the subjects reside(s) at 4900 Charles Road,Mechanicsburg,PA 17050. Using our white pages database our office was unable to locate any neighbors for 4900 Charles Road, Hampden,PA 17011. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 06-12-13 we reviewed the National Address database and found the following information: Muhammad Ramzan-4900 Charles Road,Hampden,PA 17011 & Rizwana R. Ahmed-4900 Charles Road,Mechanicsburg,PA 17050. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address: (Muhammad Ramzan)4900 Charles Road,Hampden,PA 17011. V.OTHER INQUIRIES A. DEATH RECORDS As of 06-12-13 Vital Records and all public databases have no death record on file for Muhammad Ramzan&Rizwana R. Ahmed. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Muhammad Ramzan-1938 Rizwana R. Ahmed-1980 B. A.K.A. Muhammad K. Ramzan;Muhammad Ahmad *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec.4904 relating to unsworn falsification to authorities. L of fir , / ,) The above information is obtained from available public records and we are only liable for the cost of the affidavit. • • Exhibit "C" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Jason Seidman, Ext 1394 Representing Lenders in Service Department Pennsylvania November 13,2013 MUHAMMAD RAMZAN 4900 CHARLES ROAD MECHANICSBURG,PA 17050-3036 RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 RE: JPMORGAN CHASE BANK,N.A. v. MUHAMMAD RAMZAN and RIZWANA R. AHMED Premises Address: 4900 CHARLES ROAD,MECHANICSBURG,PA 17050-3036 CUMBERLAND County,No. 13-3878-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, service of the complaint by first class mail and posting of the mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, 147`) Jonathan Lobb, Esq.,Id. No.312174 Attorney for Plaintiff 818460 • .'� , M: a it a {.5^+:$"Y ._ ° '''. *.' Cdr:: )x ei3OZ £L 'A N1161}8£1000 .`t .,, I .-. 099�e pUV 41 £0161 dIZ /i71.1-4,I; .. i ;r. Smosat ud<< ovI od srt 7:fi *. Pi V 4 M me a I;; ' ... of a 114i 4111tf ` 1 /118 "g 1 It] 115.. 1 a 4 liii 014i X b O e , a n ti A. A A. 0 lIIh PU'tl 1 :p I I z a M .— • • Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A. Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County MUHAMMAD RAMZAN RIZWANA R. AHMED • No. 13-3878-CIVIL • Defendants CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. MUHAMMAD RAMZAN 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 818460 RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN, LLP Date: 1.2//0/4t By: nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 818460 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County MUHAMMAD RAMZAN RIZWANA R. AHMED • No. 13-3878-CIVIL • Defendants ORDER AND NOW, this /g' day of .44r , 2013, upon consideration of Plaintiff's motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendants, MUHAMMAD RAMZAN and RIZWANA R. AHMED, by: 1. Posting of the premises: 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036 by the Sheriff or a non-party competent adult; and 2. First class mail to MUHAMMAD RAMZAN at the last known address, 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036, and RIZWANA R. AHMED the mortgaged premises located at 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036. Service by mail is complete upon the date of mailing. t.. a r -C> co c rf PH# 818460BSP It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY T . COURT: A ` .r J. *Prior to fulfilling the requirements of service of Notice of Sale as set forth • this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the vent this attempted service is not successful,Plaintiff may proceed with service of the Notice of Sale in confo ity with this Order. Cc:MUHAMMAD RAMZAN 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036 RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 Co �y 1.Cc.L, /2/ y/g//3 PH# 818460BSP ai 1 t Ai; :C! PHELAN HALLINAN,LLP t F� Emily M.Phelan,Esq.,Id.No.315250 R�° 1617 JFK Boulevard,Suite 1400 1f11 N U S Y LVA One Penn Center Plaza Philadelphia,PA 19103 emily.phelan @phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY • MUHAMMAD RAMZAN : No. 13-3878-CIVIL RIZWANA R. AHMED • Defendants • PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN ALLINAN,LLP By: Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff Date: /nru, Svc Dept. S' File#818460 �y s/l. ! c5'� izoisto Phelan Hallinan,LLP '' 11IL PRO THONOTAR-; Jonathan Lobb,Esq.,Id.No.312174 M ATTORNEYS FOR PLAINTIFF Jonathan.LobbC@phelanhallinan.comlu �UEB Pfl I: I { 1617 JFK Boulevard,Suite 1400 CRS COUNTY Penn Center Plaza PENNSYLVANIA Philadelphia,PA 1.9103 215-563-7000 JPMORGAN CHASE.BANK,N.A.' COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY MUHAMMAD RAMZAN RIZWANA R.AHMED No. 13-3878-CIVIL Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I.hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail a to the following.persons, MUHAMMAD RAMZAN 'and RIZWANA R. AHMED at 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036 on January.27,•2014, in accordance with the Order of Court dated December 18, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to uhsworu falsification to authorities. Phelan Hallman,LLP DATE: By: Jon an Lobb, sq.,Id. No.312174 Attorney for Plaintiff Phelan Hallman, LLP PH#818460 AFFIDAVIT OF SERVICE- CUMBERLAND SDK PLEASE POST BY:02/16/2014 PLAINTIFF COUNTY: CUMBERLAND JPMORGAN CHASE BANK,N.A. COURT NO. 13-3878-CIVIL DEFENDANT RIZWANA R.AHMED TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 4900 CHARLES ROAD,MECHANICSBURG, PA XX Civil Action 17050-3036 Complaint on Promissory Note ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made known RIZWANA R.AHMED,Defendant on the day of 20 at o'clock, .M.,at 4900 CHARLES ROAD,MECHA CSBURG,PA 17050-30J6,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. _ Other: :fV)SE T Description: Age Height Weight Race Sex Other I, G"v' ��LcAu ,a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: ?Rt Z SWAOZ- NOT SERVED 7 On the_day of ,20_,at o'clock_.M.,Defendant NOT FOUND because: - Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused ti Other. _ 2�C= C -C C Y-1 .. PH#818460 rd AFFIDAVIT OF SERVICE —CUMBERLAND SDK PLEASE POST BY:02/16/2014 PLAINTIFF COUNTY: CUMBERLAND JPMORGAN CHASE BANK,N.A. COURT NO. 13-3878-CIVIL DEFENDANT MUHAMMAD RAMZAN TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 4900 CHARLES ROAD,MECHANICSBURG,PA XX Civil Action 17050-3036 'Complaint on Promissory Note a ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made known MUHAMMAD RAMZAN,Defendant on the ` 7 day of y 20A at o'clock, M.,at 4900 CHARLES ROAD,MECHANIC1SBURG,PA 17050-3036,in the manner described below: DI efendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. Other:�oS � � � Description: Age Height Weight Race Sex Other I, (--* � b�tr ,a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: , zt71 NAME: PRINTED NAME: TITLE: NOT SERVED PY t t;7 � On the_day of ,20—,at_o'clock_M.,Defendant NOT FOUND because: —Vacant —Does Not Exist —Moved —Does Not Reside(Not Vacant) No Answer on at at —Service Refused C Other: C € 4 PH#818460 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. Court of Common Pleas 1111 POLARIS PARKWAY COLUMBUS, OH 43240 Civil Division Plaintiff No. 13 -3878 -CIVIL v. Cumberland County MUHAMMAD RAMZAN 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 Defendant ORDER AND NOW, this 2 "f day of en A7 , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. CC: 818460 Muhammad Ramzan Rizwana R. Ahmed D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 ./111HAMMAD RAMZAN 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 IZ` WANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 818460 Es rnA,lsck, PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. vs. MUHAMMAD RAMZAN RIZWANA R. AHMED TH3 'CP i''Attorney for Plaintiff .;:t]lfq 2 LT; 10: 27 CUMBERLAND COUNTY PENNSYLVANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -3878 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MUHAMMAD RAMZAN and RIZWANA R. AHMED, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $107,950.70 TOTAL $107,950.70 I hereby certify that (1) the Defendantslast known address is 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 11(11(1 Jo f an Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: le PH # 818460 PROTHONOTARY oc1 818460 PC6161 obi /tOgbs* mi2it2o-w(ttg PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. vs. MUHAMMAD RAMZAN RIZWANA R. AHMED Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -3878 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) MUHAMMAD RAMZAN and RIZWANA R. AHMED are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant MUHAMMAD RAMZAN is over 18 years of age and resides at 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036. (c) that defendant RI7WANA R. AHMED is over 18 years of age and resides at 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phe Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 818460 Depafrtment of Defense Manpower Data Center Results as al: Jun -11-2014 12:07:25 AM SCRA 3,0 Status Report Pursuant to Servicemxems Civil. Relief Act Last Name: AHMED First Name: RIZWANA Middle Name: R Active Duty Status As Of: Jun -11-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duly End Dale Status Service Component NA NA'`. No NA This response r is the individu ctiae duty;stalus bas the Active Duty Status Date Left Active Duty Within 367 Days of Active Duly Status Date Active Duty Stett Date Active Duty End Dale Status Service Component NA NA , y' .. ` Na 7' t NA This response reflects where the Individual left aclivecdoly status within 367 days preceding the'Active Duty Status Date The Member or HisMer Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status - Service Component NA '.'NA - No -, NA This response reflects wheth'e the individualor his/her unit has received eady'notification to report for active duty Upon searching the data banks of the Department of Defense Manpower_Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Jun.11-2014 12:07:16 AM SCRA 3.0 Status Report Pursuant to Servicernembers Civil. Relief Act Last Name: RAMZAN First Name: MUHAMMAD Middle Name: Active Duty Status As Of: Jun -11-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA` - - No , .g NA • This response rettects the tndividuafs' activedufy:slatus based on the Active Duty Status Date J Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA — NA . - No r I NA This response reflects where the dndividuai left active duty status within 367 days preceding the'Active'Dury Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA . NA rte - . No .. .. NA This response reflects whether the individual or his/her untt has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on'the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised JPMORGAN CHASE BANK, N.A. : CUMBERLAND COUNTY vs. MUHAMMAD RAMZAN RIZWANA R. AHMED : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -3878 -CIVIL Notice is given that a Judgment in the above captioned against you on 14411 14 atter has been entered If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 818460 JPMORGAN CHASE BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MUHAMMAD RAMZAN RIZWANA R. AHMED NO. 13 -3878 -CIVIL Defendant(s) CUMBERLAND COUNTY TO:. MUHAMMAD RAMZAN 4900 CHARLES ROAD MECHANICSBURGd,�PA 17050-3036 DATE OF NOTICE: 1 it THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 818460 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3.166 Michael .Dingerr issen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1,617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JPMORGAN CHASE BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MUHAMMAD RAMZAN RIZWANA R. AHMED NO. 13 -3878 -CIVIL Defendant(s) CUMBERLAND COUNTY TO: RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 DATE OF NOTICE: 'd i/"t0 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT. NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH .I.NFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH .INFOR.MATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 818460 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Michael Dingerdis en, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMorgan Chase Bank, N.A. Plaintiff v. Muhammad Ramzan Rizwana R. Ahmed Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -3878 -CIVIL CUMBERLAND COUNTY $107,950.70 Interest from 06/13/2014 to Date of Sale $3,088.50 ($17.75 per diem) TOTAL $111,039.20 Note: Please attach description of property. PH # 818460 g aff (,)r)d a§ -20- 55.3D 1a37s�„ 704' itv51)// a(6 f'd 4'143 Phelan Hallinan, LLP athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 2S u C aJ, NaRazq oi_2671so C._ CD r LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly side of Charles Road, said point of beginning being at the dividing line between Lots Nos. 26 and 27, Block 'B', on the hereinafter mentioned Plan of Lots; thence southwardly along said dividing line, a distance of one hundred twenty (120) feet to a point at lands now or formerly of P & S Development, Inc.; thence westwardly along same, a distance of sixty-five (65) feet to a point; thence northwardly along a line running at right angles to Charles Road, a distance of one hundred twenty (120) feet to a point on the southerly side of Charles Road; thence eastwardly along same, a distance of sixty-five (65) feet to the point and place of BEGINNING. BEING Lot No. 26, Block 'B' on Plan No. 3 of Delbrook Manor, said Plan being recorded in the Office of Recorder of Deeds in and for Cumberland County in Plan Book 8, Page 11. TITLE TO SAID PREMISES IS VESTED IN Muhammad Ramzan, a married man and Rizwana R. Ahmed, as Joint Tenants with rights of survivorship, by Deed from Karl L. Krug and Lisa Krug, his wife, dated 06/14/2002, recorded 06/18/2002 in Book 252, Page 1103. PREMISES BEING: 4900 Charles Road, Mechanicsburg, PA 17050-3036 PARCEL NO. 10-22-0527-097 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMorgan Chase Bank, N.A. Plaintiff V. Muhammad Ramzan Rizwana R. Ahmed Defendant(s) 01-ECI: -10 211 JLA 12 Ac -1 iC; `j2 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -3878 -CIVIL Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P Hallinan, LLP J han Lobb, Esq., Id. No.312174 Attorney for Plaintiff JPMorgan Chase Bank, N.A. L.,:} ; �_; 4;i. `, t COURT OF COMMON PLEAS Plaintiff + ,uf. i = ii 1J�`r �� iCIVIL DIVISION v. Uf ►t��E�? ,,, NO.: 13 -3878 -CIVIL Muhammad Ramzan PENN, $ AND NIA1i; j ; ' , Rizwana R. Ahmed , Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 4900 Charles Road, Mechanicsburg, PA 17050-3036. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Muhammad Ramzan Rizwana R. Ahmed 4900 Charles Road Mechanicsburg, PA 17050-3036 4900 Charles Road Mechanicsburg, PA 17050-3036 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Muhammad Ramzan 4900 Charles Road Mechanicsburg, PA 17050-3036 Rizwana R. Ahmed 4900 Charles Road Mechanicsburg, PA 17050-3036 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) American Express Bank FSB C/O Apothaker & Associates PC 2417 Welsh Road Suite 32 #520 Philadelphia, PA 19114 American Express Bank, FSB 6985 Union Park Center, Suite 235 Midvale, UT 84047 American Express Bank, FSB 520 Fellowship Road, C306 C/O David J. Apothaker, Esquire Mount Laurel, NJ 08054 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 818460 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 4900 Charles Road Mechanicsburg, PA 17050-3036 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 ' I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 818460 By: elan al inan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 JPMorgan Chase Bank, N.A. i Jr iiE HOTHONOTAr., : COURT OF COMMON PLEAS 214 JUN I 2 AM 10: 4 laintiff : CIVIL DIVISION CUMBERLAND COUNTY vs. PENNSYLVANIA NO.: 13 -3878 -CIVIL Muhammad Ramzan Rizwana R. Ahmed : Cumberland County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Muhammad Ramzan Rizwana R. Ahmed 4900 Charles Road Mechanicsburg, PA 17050-3036 **THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 4900 Charles Road, Mechanicsburg, PA 17050-3036 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $107,950.70 obtained by JPMorgan Chase Bank, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. I 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -3878 -CIVIL JPMorgan Chase Bank, N.A. v. Muhammad Ramzan Rizwana R. Ahmed owner(s) of property situate in HAMPDEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 4900 Charles Road, Mechanicsburg, PA 17050-3036 Parcel No. 10-22-0527-097 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $107,950.70 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly side of Charles Road, said point of beginning being at the dividing line between Lots Nos. 26 and 27, Block 'B', on the hereinafter mentioned Plan of Lots; thence southwardly along said dividing line, a distance of one hundred twenty (120) feet to a point at lands now or formerly of P & S Development, Inc.; thence westwardly along same, a distance of sixty-five (65) feet to a point; thence northwardly along a line running at right angles to Charles Road, a distance of one hundred twenty (120) feet to a point on the southerly side of Charles Road; thence eastwardly along same, a distance of sixty-five (65) feet to the point and place of BEGINNING. BEING Lot No. 26, Block 'B' on Plan No. 3 of Delbrook Manor, said Plan being recorded in the Office of Recorder of Deeds in and for Cumberland County in Plan Book 8, Page 11. TITLE TO SAID PREMISES IS VESTED IN Muhammad Ramzan, a married man and Rizwana R. Ahmed, as Joint Tenants with rights of survivorship, by Deed from Karl L. Krug and Lisa Krug, his wife, dated 06/14/2002, recorded 06/18/2002 in Book 252, Page 1103. PREMISES BEING: 4900 Charles Road, Mechanicsburg, PA 17050-3036 PARCEL NO. 10-22-0527-097 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square. Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net JPMorgan Chase Bank, N.A. Vs. Muhammad Ramzan Rizwanna R. Ahmed WRIT OF EXECUTION NO 13-3878 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: 107,950.70 L.L.: $.50 Interest from 06/13/14 to date of sale ($17.75per diem) - $3088.50 Atty's Comm: Atty Paid: $215.80 Plaintiff Paid: Date: 06/12/14 (Seal) REQUESTING PARTY: Name: Jonathan Lobb, Esq. Address: Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 312174 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary By: Deputy Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JUL.FP ED -OF Tii PRO 8 f7ObOTf 2014 UU CUNyBERL �ii /U' 09 PENNSYLVANIA NAN j i, Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff v. MUHAMMAD RAMZAN RIZWANA R. AHMED Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3878 -CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR LVS TITLE TRUST I as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR LVS TITLE TRUST I is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 07/09/2014 in Instrument No. 201414803 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. "71ut f r( PH # 818460 By: Courte ' . Dunn, Esq., Id. No.206779 Attorney for Plaintiff am I 15 -24 aji/c/39o)c,� t Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff v. MUHAMMAD RAMZAN RIZWANA R. AHMED Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3878 -CIVIL PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR LVS TITLE TRUST I, located 60 Livingston Avenue, St. Paul, MN 55107 Date: 7 frIck ((i* PH # 818460 PHELAN HL�rNT, LLP By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff v. MUHAMMAD RAMZAN RIZWANA R. AHMED Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3878 -CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR LVS TITLE TRUST I. Date: PH # 818460 (vV( PHELAN HA • -- , LLP By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JPMORGAN CHASE BANK, N.A. Plaintiff v. MUHAMMAD RAMZAN RIZWANA R. AHMED Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3878 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR LVS TITLE TRUST I, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: MUHAMMAD RAMZAN RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 Date: (vt (ok PHELAN By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff N, LLP PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 J,. THE rt0 IOFaE°`r 2d! SEP 2 CUr';nERL,„ C 1 -t1 U.S. BANK NATIONAL ASSOCIATION NOT IN : ITS INDIVIUAL CAPACITY, BUT SOLELY AS . LEGAL TITLE TRUSTEE FOR LVS TITLE TRUST I Plaintiff vs. MUHAMMAD RAMZAN RIZWANA R. AHMED Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -3878 -CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail, to MUHAMMAD RAMZAN and RIZWANA R. AHMED on 7/14/2014 in accordance with the Order of Court dated 12/18/2013. The property was posted on 6/29/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: t ZS n, Esq., Id. No.318079 Atto - fo Plaintiff f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. Plaintiff vs. MUHAMMAD RAMZAN RIZWANA R. AHMED Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 13 -3878 -CIVIL ORDER AND NOW, this /19Nay arr-cf-"4,%20117 upon consideration ofPlaintiffs motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the • Complaint and of the Notice of Sheriffs Sale as authorized by Pe.RCP. 3129.2 (c)(1)(iXC)*, on „ • the above captioned Defendants, MUHA:MIVI/6 RAMZAN and RIZWANA R AIRAFD, by: " 1. Posting of the•premises:4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036 by the Sheriff or a non-party competent adult; and • ' .2. First class mail 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036, and RIZWANA R. AHMED the mortgaged premises located at 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036. Service by mail is complete upon the date of mailing. PH # 818460/BSP Pra Cr.) rT1 9 cr, It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. BY THE COURT: J. *Prior to Milling the requirement of service of Notice of Sale as set forth in this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(1) (A) or (B). In the event this attempted service is not successful, Plaintiff may proceed with service of the Notice of Sale in conformity with this Order. Cc:MUHAMMAD RAMZAN 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036 RIZWANA It AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 PH # 818460/BSP Name.and Address of Sindar PHELAN H*LLINAN d1$CHMIEG. Oae;Paaa Csattr at $ubtiFbaa, Su1t 1410 PeliadelpMta; PA 19103 MUHAMMAD MACAW 4900 CHARLES. ROAD MECHANICSBURG PA 17050 U«. FUZWANA R. AHMED. 4900 CHARLES ROAD MECHANICSBURG PA 1760 6 .5.5 7 14 15 Total Number of " Nests Lard by Smart ibblMyaerofllcrs. Readied MPool Oftloc • patmniu Eri (Nino of pea tying. LNM-CERTIFICATE OF MAILING -NOS CODE- 1020 PLAINTIFF JPMORGAN CHASE BANK, N.A. DEFENDANT MUIIAMMAD RAMZAN RIZWANA R. AHMED AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 818460 SERVICE TEAM/ hilt COURT NO.: 13 -3878 -CIVIL SERVE MUHAMMAD RAMZAN AT: 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 **PLEASE POST PROPERTY IF UNABLE TO OBTAIN SUCCESSFUL SERVICE**PLEASE POST PROPERTY ON YOUR LAST ATTEMPT** SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 Served and made known to \IUtIA 1#141 1)1 AlV►?AN. Defendant on the2grday of J N NG 20 Pg, at 3:1 o , o'clock i-•. M., at, � f lily i in the manner described below: Defendant personally served, Adult family member with whom Dcfendant(s) reside(s). Relationship is _-Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s), _ Agent or person in charge of Defendant's office or usual place of business. an office of said Defendant's company. AZ Other Description: Age __^ HeightWeight _RaceSex _ Other , I. . Ronald Moll 3�Eo ,.a competent adult, hereby verify that I personally a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C,S. Sec. 4904 relating to unsworn falsification to authorities. DATE: iv 1)-`:11(.1-• NAME: On the dayof state thaT13 Tendant NOT ItODND because: PRINTED NAME: Ronald Moll TITLE.. Process Server NOT SERVED , 20 , at o'clock __. M., J, a competent adult hereby _ Vacant n •s Not Exist .Moved _Does Not Reside (Not Vacant) _ No Answer on 1 ! al .; SZ ..L.; (p j2,5(14 at e1 ) 15 ,_,;Service Refused Other: I understand that this statement is made subject to the penalties of ] 8 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAV iT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, N.A. PH#t 818460 DEFENDANT SERVICE TEAM/ btli MUHAMMAD RAMZAN COURT NO.: 13 -3878 -CIVIL RIZWANA R. AHMED SERVE RIZWANA R. AHMED AT: 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 **PLEASE POST PROPERTY IF UNABLE TO OBTAIN SUCCESSFUL SER'V10E**PLEASE POST PROPERTY ON YOUR LAST ATTEMPT** TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Servcd and made known to ILIZWANAA. AHMED; Defendant on the4intiNday of MA N , 20 14., at 3 klock K.,0!Agoo `Ctikup-Ppfro , in the manner described below; Dar Served, Ftvar. Adult family member with whom Defendant(s) reside(s), Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place, of business. antirlitxr of said Defendant's company, Other: —PliST-6.--42.4)17 , . Description: Age__ _ Height ____ Weight Race Sex Other Ronald Moir 0 , a competent adult, hereby verify that I personal ly,lastleo a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, I understand that this statement is made subject to maltics of Di Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. PRINTED NAME: . R(Mald M°I1 Process Server NOT SERVE2 On the state of 1o'clock_. b _ Vacant _Do s Not Exist_ Moved _ Does Not Reside (Not Vacant) , No.Answer on 4 1 i tnto z.2 -s -KI 0 q: r Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan llittlinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 2L1'; OCT LJ PHELAN HALLINAN, LLP €, , , ,. Paul Cressman, Esq., Id. No.318079 ' ` 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 COL Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, N.A. Plaintiff, v. MUHAMMAD RAMZAN RIZWANA R. AHMED Defendant(s) . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 13 -3878 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailin :17) an r Certified Mail Return Receipt stamped by the U.S. Postal Service atta xhi i it "A". Date: an, Esq., Id. No.318079 or Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 818460 JPMorgan Chase Bank, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO.: 13 -3878 -CIVIL Muhammad Ramzan Rizwana R. Ahmed Defendant(s) CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 4900 Charles Road, Mechanicsburg, PA 17050-3036. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Muhammad Ramzan Rizwana R. Ahmed 2. Name and address of Defendant(s) in the judgment: Name Muhammad Ramzan 4900 Charles Road, Mechanicsburg, PA 17050-3036 4900 Charles Road, Mechanicsburg, PA 17050-3036 Address (if address cannot be reasonably ascertained, please so indicate) 4900 Charles Road Mechanicsburg, PA 17050-3036 Rizwana R. Ahmed 4900 Charles Road Mechanicsburg, PA 17050-3036 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) American Express Bank FSB C/O Apothaker & Associates PC 2417 Welsh Road Suite 32 #520 Philadelphia, PA 19114 American Express Bank, FSB 6985 Union Park Center, Suite 235 Midvale, UT 84047 American Express Bank, FSB CIO David J. 520 Fellowship Road, C306 Apothaker, Esquire Mount Laurel, NJ 08054 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be PH # 818460 Township of Hampden Township of Hampden C/O Keith Orr Brenneman, Esq. reasonably ascertained, please indicate) 230 S. Sporting Hill rd Mechanicsburg, PA 17050 Snelbaker & Brenneman, P.C. 44 W Main st Mechanicsburg, PA 17055-6249 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 4900 Charles Road Mechanicsburg, PA 17050-3036 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to auth • Date: 10/3-6/0( PH # 818460 By: PhelanHa LP Paul Cressssman, q., Id. No.318079 Attorney for Pla q tiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Phelan Hallinan, LLP Address y 1617 JFK Boulevard, Suite 1400 i III Of Sender One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 12/03/2014 SALEi0 o ` C1 14 < i 111 Of 419- Line Article Number Name of Addressee, Street, and Post Office Address Postage • 1 **** TENANT/OCCUPANT 4900 CHARLES ROAD MECHANICSBURG,PA 17050-3036 50.47 i13 of " - care -,C 2 **a* American Express Bank FSB do Apothaker & Associates PC 2417 Welsh Road Suite 32.#520y Philadelphia, PA 19114 $0.47 ` i Ni e }"} x£.., 3 ***I,American Express Bank, FSB 6985 UNION PARK CENTER, SUITE 235 MIDVALE, UT 84047 $0.47; Y .. • 4 *`** American Express Bank, FSB C/O David J. Apolhaker, Esquire 520 FELLOWSHIP ROAD. C306 08054 MOUNT LRelations 50.47 . �t ig 5' *•** Domestic Relations of 13 Cumberland Countyj 13 North Hanover Street Carlisle, PA 17013 g0,47• � cl t ,p tt ~` il. 0 INA Y 6 et** Commonwealth,of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $ '47 �,, S a31'� J 7 **** Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgb, PA 15222 50.47 8 ***s US. Department oflustice US. Attorney for The Middle District 'of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 50.47 RE: MUHAMMAD RAMZAN (CUMBERLAND) PH 4 8.18460/1021 Page 1 of 1 Writ Team 53.76 Total Number of Pkc,, Ltcted by Sender Taal Number ofPtecec Reecived at Post Office Anstnustu, Pet (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the recnmtruninn of nnnnegmiabk documents under Express Maildocument recnmtrueth.n in.urarce is S50.0011per piece subject:0 a limit of SS011,000 per occurrence. The maximum indemnitypayable nn Express Mall merchandise is $500. Thewarrant indemnity lupahle k 53011) for regioned nail. sent ugth optional inmrancn. See Domenic enic Mail Manual R9005913 and 5921 for limitations of envetape. Form 3877 Facsimile Name and Address Of Sender PhelanHallinan,LLP 11110 1617 IFK Boulevard, Suite 1400 One Penn Center Plaza K/KAZ- 12/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Po i,, 1 •••• Township of Hampden 230 S. Sporting Hili Rd Mechanicsburg, PA 17050 SO.` + ; rn 2 •••• Township of Hampden C/O Keith Orr Brenneman, Esq. Snelbaker & Brenneman, P.C. 44 W MAIN ST MECHANICSBURG, PA 17055-6249 $0:4 1r7 RE: MUHAMMAD RAMZAN (CUMBERLAND) PH # 818460/1026 Page 1 of 1 45 Day SS0.96 Total Number of Picas U,ted by Sender Total Number o(Pietes Receiveda Ant Moe PeemWer, W Mame of Regie.gig Employee) The full dedaaeoo of value is required on all dam/idle and imematiwal egieoed null. The max foe the reeonstsudion of nonnegotiable documents under Espresa MVR document reeenmvetioo ins piece subject to • limit of 5500,000 per occurrence. The maxitnum indemnity payable on Epreso 1 The maximom indemnity payable is 525,000 fm registered mail, tent with optional insurance. See 0900 5913 and 5921 for limitation of coverage. Forni 77 Facsimile PH # 818460 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION NOT IN : Court of Common Pleas ITS INDIVIUAL CAPACITY, BUT SOLELY AS : LEGAL TITLE TRUSTEE FOR LVS TITLE Civil Division TRUSTI Plaintiff CUMBERLAND County v. MUHAMMAD RAMZAN RIZWANA R. AHMED No.: 13 -3878 -CIVIL c-� Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the en rrl Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 8, 2013. 2. Judgment was entered on June 12, 2014 in the amount of $107,950.70. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 818460 1 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 3, 2014 Late Charges Legal fees Cost of Suit and Title Escrow Deficit $105,666.52 $13,201.91 $118.80 $3,200.00 $1,087.22 $2,607.66 TOTAL $125,882.11 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in re only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 18, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Lift Conciliation Stay dated May 2, 2014. 818460 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Ha obes , : , Esquire RNEY OR PLAINTIFF 3 818460 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION NOT IN : ITS INDIVIUAL CAPACITY, BUT SOLELY AS : LEGAL TITLE TRUSTEE FOR LVS TITLE TRUST I Plaintiff v. MUHAMMAD RAMZAN RIZWANA R. AHMED Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -3878 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES BACKGROUND OF CASE MUHAMMAD RAMZAN and RIZWANA R. AHMED executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff's Note was secured by a Mortgage on the Property located at 4900 CHARLES ROAD, MECHANICSBURG, PA 17050- 3036. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 818460 1 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 818460 2 826 (1939). Because a judgment in mortgage foreclosure is strictly in e it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 818460 3 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in e judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser. Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 4 818460 Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 818460 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VIL COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 818460 6 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the tell is of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 818460 7 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Ha , LLP Justin F. , Esquire Atto aintiff 818460 Exhibit "A" PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, N.A. vs. MUHAMMAD RAMZAN RIZWANA R. AHMED Attorney for Plaintiff 4e - CUMBERLAND COUNTY -.0 d> /0 k ( • 0 - - COURT OF COMMON PLEAS LP CIVIL DIVISION No. 13 -3878 -CIVIL PRAECIPE FOR IN REM JUDGMENT mate 1 ANSWER AND ASSESSMENT OF DillteMPREILMS TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MUHAMMAD RAMZAN and RIZWANA R. MIMED, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint TOTAL $107,950.70 ATTORNEY FILE COP' PliggeFetihN I hereby certify that (1) the Defendants' last known address is 4900 CHARLES ROAD, MECHANICSBURG, PA 17050-3036, and (2) that notice has been given in accordance with Rule Pa.R.C,P 237.1. Date 6111,114( DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE' P1 818460 PROTHONOTARY 818460 Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP November 1014 MUHAMMAD RAMZAN RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 Representing Lenders in Pennsylvania RE: U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR LVS TITLE TRUST I v. MUHAMMAD RAMZAN and RIZWANA R. AHMED Premises Address: 4900 CHARLES ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 13 -3878 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 11/17/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be ji de i:accordingly. Ve» lyyq J beski, Esq., Id. No.200392 for Plaintiff En6lc sett e: 818460 1 Name and Address Of Sender Line 1 Article Number Total Number of Pieces Listed by Sender Form 3877 Facsimile Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Name of Addressee, Street, and Post Office Address MUHAMMAD RAMZAN RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 RE: MUHAMMAD RAMZAN (CUMBERLAND) PH # 818460/1200 Page 1. of 1 Total Number of Pieces Received at Post Office 1 $0.48 Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail, for the reconuntctian of nonnegotiable documents under Express Mali document reconstn piece subject to a limit of $500,000 per occurrence_ The maximum indemnity payable an The maximum indemnity payable is $25,000 for registered mail, sent with optional inaurr R900 S913 and 5921 for limitations of coverage, 818. Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR LVS TITLE TRUSTI Plaintiff v. MUHAMMAD RAMZAN RIZWANA R. AHMED ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -3878 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MUHAMMAD RAMZAN RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 DATE: By: Phelan Hallinan, LLP Justin AT obeski, quire EY FO PLAINTIFF 818460 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION NOT IN : ITS INDIVIUAL CAPACITY, BUT SOLELY AS : LEGAL TITLE TRUSTEE FOR LVS TITLE TRUST I Plaintiff v. MUHAMMAD RAMZAN RIZWANA R. AHMED Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -3878 -CIVIL AND NOW, this 3day of 2 c.ct,4v 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. ki\ BY ECOURT .4 C7 W c 818460 4 in F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 LXHAMMAD RAMZAN RIZWANA R. AHMED 4900 CHARLES ROAD MECHANICSBURG, PA 17050-3036 21/y =r -Y1 818460 818460