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Home My WebLink About13-4979 Supreme Court,of,Pennsylvania Cour Com \ Pleas For Prothonotary Use Only: .5'eet f . C v County Docket No: qq � The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and sei-vice ofpleadings or other papers as required by law or rules o court. Commencement of Action: S x❑ 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: CARL K. HENCH . NATIONAL ASSOCIATION I Are money damages requested? El Yes 0 No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) L] outside arbitration limits N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes N No A' Name of Plaintiff/Appellant's Attorney: Adam H. Davis, Esq., Id. No.203034, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Sej 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. i TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 1 ❑ 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 include mass tort) ❑ Employment Dispute: S ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board j C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition • ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Other: El Medical' ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 Yi'V !� 1 0ro 21 AX 10• I CU JBERLIAND COUN T Y RENJNSYLVANIA PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215 -563 -7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 CIVIL DIVISION Plaintiff TERM l NO. CARL K. BENCH 1431 TRINDLE ROAD, A/K/A 1770 W TRINDLE CUMBERLAND COUNTY ROAD CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE oxm4 S ltg 7Spr File: 926440 S #c? Rye /� 1. Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: CARL K HENCH 1431 TRINDLE ROAD, A/K/A 1770 W TRINDLE ROAD CARLISLE, PA 17013 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/25/1999 CARL K. BENCH and MARGARET E. BENCH made, executed and delivered a mortgage upon. the premises hereinafter described to TMS MORTGAGE INC., DBA THE MONEY STORE, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1567, Page 592. By Assignment of Mortgage recorded 12/13/2012 the mortgage was assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, which Assignment is recorded in Assignment of Mortgage Instrument No. 201238812.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 08/01/2012 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 #: 926440 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 07/16/2013: Principal Balance $30,421.30 Interest from $3,179.04 07/01/2012 through 06/30/2013 Late Charges $196.80 Property Inspections $28.00 Appraisal/Brokers Price Opinion $550.00 Escrow Advance $480.00 TOTAL $34,855.14 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File 9: 926440 9. MARGARET E. HENCH was a co- record owner of the mortgaged premises as a tenant by the entirety. By virtue of MARGARET E. HENCH's death on or about 03/30/2004, her ownership interest was automatically vested in the surviving tenant by the entirety. 10. Plaintiff hereby releases MARGARET E. HENCH, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $34,855.14, 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. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff File #: 926440 r LEGAL DESCRIPTION ALL that certain lot of ground situate in the Township of Middlesex, County of Cumberland and State of Pennsylvania, numbered according to the Dale Fetrow Revised Plan of Lots, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Plan Book No. 3, page 103, bounded and described as follows: ON the North by Lot No. 105; on the East by Prospect Road; on the South by Trindle Spring Road; and on the West by Lot No. 15. Containing Fifty (50) feet, more or less, in front on said Trindle Spring Road, and extending in depth at an even width a distance of Two Hundred (200) feet, more or less, and being all of Lot No. 16 as shown on said Plan of Lots, on which there is erected a one story ranch type dwelling house and other improvements. PROPERTY ADDRESS: 1431 TRINDLE ROAD, A/K/A 1770 W TRINDLE ROAD, CARLISLE, PA 17013 PARCEL #21 -22- 0119 -048. File 4: 926440 Pennsylvania Verification Brian P. Arrington , hereby states that he 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. By ' n A 'ngto Vice President Date: 08/07/13 JPMorgan Chase Bank, N.A Borrower: CARL K HENCH Property Address: 1431 TRINDLE RD, CARLISLE PA 17013 County: CUMBERLAND Last Four of Loan Number: 5114 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 #: 926440 FORM 1 IN THE COURT OF COMMON PLEAS JPMORGAN CHASE BANK, NATIONAL OF CUMBERLAND COUNTY, PENNSYLVANIA ASSOCIATION C Plaintiff(s) -•O:r `"' :7- M UD = i --o VS. can ru o CARL K. HENCH CD Defendant(s) :Z C3 om NOTICE OF RESIDENTIAL MORTGAGE FORECL( iliE 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 maybe alle 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) 2439400 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 Coot 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 arrangenents 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 woksheet 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 onference 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: Sly )Ile Date Adam H. Davis, Esq., Id. No.203034 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: CUSTOM 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: -- 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: fs 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: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): 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): 1. 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 2° d 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 UWe, , 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 . Sheriff - k�at�v of t"ffarot,,,rf0 _ i Jody S Smith Chief Deputy 3 OCT 24 2: Richard W Stewart Solicitor OFf-iCc OF Th4 S4P1FF P EN ,!M Y INANIA. JP Morgan Chase Bank National Association Case Number vs. Carl K Hench 2013-4979 SHERIFF'S RETURN OF SERVICE 08/28/2013 09:43 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Carl K Hench, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found"at 1431 Trindle Road A/K/A 1770 W. Trindle Road, Middlesex Township, Carlisle, PA 17013. Deputies have found this property to be abadoned and not inhabited. 08/28/2013 10:01 AM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Bonnie Hench (Sister),who accepted as"Adult Person in Charge"for Carl K Hench at 14 Garden Parkway, South Middleton Township, Carlisle, PA 17013-9255. /'+y RONALD HOOVE , DEPUTY SHERIFF COST: $41.56 SO ANSWERS, August 29, 2013 RONO R ANDERSON, SHERIFF T.aunNuuae 5h,r,f`.Tc,eosof, U.C. PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Court of Common Pleas 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Civil Division Plaintiff No. 13-4979-CIVIL v. Cumberland County; CARL K. HENCH ``, 1431 TRINDLE ROAD, A/K/A 1770 W TRINDLE " ROAD CARLISLE, PA 17013 -<? C)`; Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, JPMorgan Chase Bank, National Association (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On August 21, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due August 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On August 28, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 926440 • 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendants must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program and have filed Answers to Plaintiff's Complaint, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN H; LI AN, LLP 11 Date: 3 BY: �' 4 amlg� os:phQ. Schalk, Esquire Attorney for Plaintiff 926440 Exhibit "A" C.: .....": mi .,. . t.,..o ... „4._ frp7)tci I's> in --- .-46 3,r) .3t. IrF -4 .- PHELA.N HALLMAN,LLP Adam H.Davis,Esq.,Id.No.203034 1617 MK Boulevard.Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Adamitavis@PheltudlaUitisn.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS 10790 RANCHO BERNARDO RD SAN DIEGO,CA 92127 CIVIL DIVISION Plaintiff TERM 61 / V. NO. CARL K.BENCH 1431 TRINDLE ROAD,A/K/A 1770 W TRINDLE CUMBERLAND COUNTY ROAD CARLISLE,PA 17013 CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSIME 1v6ri . . Nith,_in to b ,TrORNEY FILE COP), CO rwt cop 6 „il. a true and "rim"t ,,, Y of the PLEASE RETURN ----, Eii.o: 926440 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 fIrrther 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"f0 OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT II.I.RING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WI`I I INFORMA'T'ION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 'TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CCIM.BFRL,AND COUNTY ATTORNEY R EPERi At, CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND.,AND COUNTY COURT13OUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 Plaintiff is JPMORGAN CHASE BANK,NATIONAL ASSOCIATION 10790 RANCHO BERNA.RDO RD SAN DIEGO, CA 92127 2, The name(s)and last known address(es) of the Defendant(s) are: CARL K. HEN CH 143.1 TR NMI:ROAD,.A/KIA 1770 W TRINDLE ROAD CARLISLE,PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3, on 08/25/1999 CARL K. HENCE! and MARGARET E. HENCE made, executed and delivered a mortgage upon the premises hereinafter described to INS MORTGAGE DBA TllE,MONEY STORE ,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,in Mortgage Book 1567,Page 592. 13y Assignment of Mortgage recorded 12/1:3/2012 the mortgage was assigned to JPMORGAN Cl EASE BANK, NATIONAL ASSOCIATION, which Assignment is recorded in Assignment of Mortgage Instrument No, 2012388 2.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 o public record, 4, The premises subject to said mortp,age, is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2012 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 by wrigen notice sent to Murtgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6 The follo amounts are due ou the mortgage msofO7/l6/20\3: Principal Balance $30,421.30 Interest from $3^179f)4 07/01/2012 through 06/30/2013 Late Charges $196.80 Property inspections $28.00 ' Appraisal/Brokers Price Opinion $550,00 Escrow Advance $480.00 TOTAL $34,855.14 7. Plaintiff is not seeking a judgment of personal liability (or au in personarn 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. IfDofeodaot(x)has/have received a discharge of personal in a bankruptcy proceeding,this Action of Mor4gagcro/edoon/e i in no way art artempt to reestablish such personal liability dixcbmgcd in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises'pursuant \oP*uusylvuuiaLaw. 8. Notice oflnteruion to Foreclose as Set forth in Act 6oFl974'Notice ufHomeowner's Emeigeucy Mortgage Assistance Program pursuant to Act 9lufl983, uy amended io 2U08,and/or Notice uf Default oy required 6vtbcmort*ugcdocumunt, uaoon6uaNe` have been sent to the Defendant(s) on the date(s)set forth tharoou, and the temporary stay as provided by said notice has terminated because Defendant(s) 6ux&uve failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been deined assistance by the Pennsylvat.iin Housing Finance Atcncy. 9 MARGARET E. HENCH was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of MARGARET E. HENCH's death on or about 03/30/2004, her ownership interest was automatically vested in the surviving tenant by the entirety. 10. Plaintiff hereby releases MARGARET E.'TENCH,from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $34,855A4, 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,1,LP By: c..." Adam H. Davis,Esq., Id,No.203034 Attorney for Plaintiff t:ic#, 926440 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Township of Middlesex, County of Cumberland and State of Pennsylvania, numbered according to the Dale Fen ow Revised Plan of Lots, which Plan is-recorded-in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in.Plan Book No. 3,page 103,bounded and described as follows: ON the North by Lot No. 105; on the East by'Prospect Road;on the South by Trindle Spring Road;and on the West by Lot No. 15. Containing Fifty(50) feet, more or less,in front on said Trindle Spring Road,and extending in depth at an even width a distance of Two Hundred (200) feet, more or less, and being all of Lot No. 16 as shown on said Plan of Lots, on which there is erected a one story ranch type dwelling house and other improvements. PROPERTY ADDRESS: 1431 TR1NDLE ROAD, AJKJA 1770 W TRINDLE ROAD, CARLISLE,PA 17013 PARCEL#21-22-0119-04S. !,i1,0. Q2,04 Peflijaylvania Verification Brian P. Arringym hereby states that he is Vice President of JP1Vforgan Chase Bank,N.A. the Plaintiff in this matter, and-is-authorized-to-make thit-Ve-rifidatieh. The statements offact 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. . ) '1/A6160611 Vice President Date: 08/07/13 ,WMorgan Chase Bank,N.A 80“owor CARL K UFNCH Property Address: .14". 1 TRIND1..E: RD. CAR.1„.1S1...F.: PA 17013 County: CUMBER' AND Last Four of Loan Number:5 1 14 KORIV11 IN THE COURt'OF COMMON PLEAS 8'M0KGA# CHASE BANK, NATIONAL / OF CUMUPPLAND COUNTY, PENNSYLVANIA ASS0C|A'800 Plaintiff(s) • CARL»LHBNCH Dete`dmnt(9 NOTICE OF l�l�S��DU7�� MORTGAGE FORECLOSURE _ __ _ DIVERSION PROGRAM You have been served with a foreclosure complaint that could caus you to lose your home. If you own and live in the reridential property which is the subject of this foreclosure action,you may be a1e to partielpate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. ![you J,` "m have wmwr"^ iOt I a Ic Ii c ru Ito wing steps to be eligible for a con cilia I ion corifcren cc. First,°ithlntwenty<2n ttiys of your receipt ul tIti';umiec,you most contact »4iuPem'Legal Services ot(7\l)243-V*80 extension 2S 10 or 000)822-.5',288 o*`=uw|".`'25 It)and request appointment vi*legal representative mtov charge myou. (nice you have been :ppoiomdm legal reprew.`u/dv".ywn !oust|vpogop meet with that legal representative within twenty(20)days 0 r the appolutment date.During that meeting,you must provide the legal representative with all equ esteil limo eial itt IFO tat in 'a I lot a Iitn csu lot ion proposal can be I tiepareti on vow bet at h |[you and your)upd representative complete m financial worksheet b.the format attached hereto,the le&u|rq*esevmtive°Wpreynaaud a Request for Conciliation Cottlbicuce wkk the Court,which must h" Weil with the C,ontwithin sixty(m0ditysufthe t'cv ice upon you oft me bncelnsttme i- iupl:iitit IC yon dou^and*conciliation conference iswdu4uled you will have On opportunity,o meet with u representative myy*urim6u/iom/ vttonptw *vd`n.xmxwooNc*nnogvnoomwithyo/v lendrr before the mortgage K`r*^{o°w,*s^k proceeds C°m,^r6. Ii'VOlt mite Fe p reseit tvd I ty a Ca ye r, 0 U 05111 yl ito- hi Wye 1'moSt lake lie hi Ito mviii g SI CS to be eligible for a conciliation conference, It is Hot.micessiuy Ito you to contact MniPeno Legal Service for the appoiranient of a legal '=ppsuxm6we, |h°w,v°,you u`omprovide y*" l^WYnWid`all requested Immuvio/ \o|onxuim'w that u loan resolution mop°*x\eau noyucd^"your helial[ |[you;lilt|yvn lawyer complete^financial woksli cc in the tianinal attached h"ri-i'^your lawyer wilt to ci ito' ii I 1k a It eq t a tue II iution Conference with the( oust,which ifittit he filed within iSly hI1)tInYS itilu invite upon you of Itt foicekititre complaint If you do so and a conciliation onference is scheduled,you will have mi optiortunity to meet with a reprosentative of your lender in an attempt to work out reasonable arguments with y.vv \m`du before M'^^`"rtgx4,,e hn`,|ow/" proceeds forward, . IT YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS fEQ1.:1RED BY Tills NOTICE, THIS Pn00BxMl5FREE. Respectfully submitted: ---� ----~--�--r ------ 2/v,„ ,um Adam 8.Davis,Bq,id.N*.20303* Attorney for Plaintiff • FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket if BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request fkIt-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: CAlsi't)1411-.12/PRINIAllY Al'I'LICAN'I' Borrower iiarrie(s): Property Address: City: State' Zip: Is the property for sale? Yes No I Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes L I- No Li Mailing Address(if different): City: State: Zip: Phone Numbers: I-fomo: Office: Cell; Other: Email: if of people in liouscl-u)Id: How long? C' )12.1t()WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: if of people in household: How long? _ FINAN(:/41"INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your I.oan: Second Mortgage Type of Loan: Loan Number: Total Mortgage Payments Amount: $ included Taxes&Insurance: Date of Last Payment: Primary 'Is the loan iuBankruptcy? Yes rl No El Ii yes, provide names, location of court, case number 8Lattorney: _________ _~~_ A£yeto Valu- Home: Other Real Fstate' Retirement Funds: 5 Investments: Checking: $________ Savings: Other: Automobile ill: Model: Year:____ Amount owed: Value: Automobile#2: MkdeL \�mr�~____ _ Amount owed: Vu|nx� ,��„ Other transportation boats, motorcycles): Model: _ Ycur: Amount owed: Value Monthly Income l<umeofEmp|oyeo: ]. _________________ _____D�ou�6h/Go�a_ __ � �\m�dblyNn\ _~_ Monthly Gross Monthly Net ________ ] Monthly Gross Monthly Not _____ Additional Income Description (not wages): |, mundh|y amount: _ __ o�on1h)y amount: Borrower Pay Days: Co.Borrower Pay Days: Monthly Expenses: (Please oo / include expenses you are currently paying) F� - Mortgage Food Car P Auto Insurance ' Med Auto fuel/repairs Other prop payment Install. Loan Payment Cable TV Child Simport/Alim. Spending Money Day/Child Care/Tun, Other Expenses Amount Available for Monthly Mortgage Payments Bosed on Income & Expenses: }'lave von bccn working w1m a Hosing Counseling Acnc ? Yuo [l u �� Ii'yex, please provide the f6lov/ioQiotbrmc¢iou: Counseling Ageu:y: Cauouclor. Phone(0 Pax:____ Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (1-I1-iMAp) assistance? Yes No E 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 E_I No L. 9 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: ,cu €,r s Contact IN ame): Phone: Servicing Ccittpany(Name): Contact: Phone: AI}TFUORIZA ION 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: I. 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. Listin g agreement(if property is currently on the market) ;, Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheri!!' trial!rt Coreisr i Jody S Smith Chief Deputy 4 Richard W Stewart a � ` Solicitor arr=csor Mil SHIPOPF JP Morgan Chase Bank National Association Case Number vs. 20134979 Carl K Handl SHERIFFS RETURN OF SERVICE 08/28/2013 09:43 AM-Ronny R Anderson,Sheriff,being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit Cart K Hench,but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found"at 1431 Trindle Road A/K/A 1770 W.Trindle Road,Middlesex Township,Carlisle,PA 17013. Deputies have found this property to be abadoned and not Inhabited. 08128/2013 10:01 AM-Deputy Ronald Hoover,being duty sworn according to law,served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Bonnie Hench (Sister),who accepted as"Adult Person in Charge"for Carl K Hench at 14 Garden Parkway,South Middleton Township,Carlisle,PA 17013-9255. RONALD HOO ' DEPUTY SHERIFF COST:$41,56 SO ANSWERS, August 29,2013 RONNR ANDERSON,SHERIFF 1 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Court of Common Pleas 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Civil Division Plaintiff No. 13-4979-CIVIL v. Cumberland County CARL K. HENCH 1431 TRINDLE ROAD, A/K/A 1770 W TRINDLE ROAD CARLISLE, PA 17013 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: CARL K. HENCH 1431 TRINDLE ROAD,A/K/A 1770 W TRINDLE ROAD CARLISLE, PA 17013 CARL K. HENCH 14 GARDEN PARKWAY CARLISLE, PA 17013-9255 caw Date: I1 2L-( By: L A �' caw t J► - h P.I.chalk, Esquire Atto ney or Plaintiff 926440 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Court of Common Pleas 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Civil Division Plaintiff No. 13-4979-CIVIL v. Cumberland County CARL K. HENCH 1431 TRINDLE ROAD, A/K/A 1770 W TRINDLE ROAD r f,,�_- CARLISLE, PA 17013 ter- , Defendant r'i N.) i ORDER AND NOW, this ,2 7 day of s-J , , 2013, 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. BY T . COURT: .. • J. cc : ' C 1 K. Hench oseph P. Schalk, Esq. r . ES /rl / 4/3 926440 t � .'I.i� !tiuNO IA.t, PHELAN HALLINAN, LLP 20k FEB 14 AM f I: 08 Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 CUr1 EPLAUD COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, : CUMBERLAND COUNTY NATIONAL ASSOCIATION : COURT OF COMMON PLEAS vs. : CIVIL DIVISION CARL K. HENCH : No. 13-4979-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 CARL K. HENCH, 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 Plaintiff's damages as follows: As set forth in Complaint $34,855.14 TOTAL $34,855.14 I hereby certify that (1) the Defendant's last known addresses are 1431 TRINDLE ROAD, A/K/A 1770 WEST TRINDLE ROAD, CARLISLE, PA 17013 and 14 GARDEN PARKWAY, CARLISLE, PA 17013-9255, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Z- l[Z/l`i nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. / .7) DATE: ' 11-3/4 1L PH#926440 PROTHONOTARY (04. 8.16 So p:1 a Ck- I3 ? 12 926440 P-tk 301(401(4 siNoixt PHELAN HALLINAN,LLP Attorney for Plaintiff 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, : CUMBERLAND COUNTY NATIONAL ASSOCIATION : COURT OF COMMON PLEAS vs. : CIVIL DIVISION CARL K. HENCH : No. 13-4979-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) is/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 CARL K. HENCH is over 18 years of age and has last known addresses at 1431 TRINDLE ROAD, A/K/A 1770 WEST TRINDLE ROAD, CARLISLE, PA 17013 and 14 GARDEN PARKWAY, CARLISLE, PA 17013-9255. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Z//21/i Phel� 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 926440 Department of Defense Manpower Data Center Results as of:Feb-12-201412:34:53 AM SCRA 3.0 .0,'7.!-- t?d ys ' Status Report = .° Pursuant to Servicemembers Civil Relief Act Last Name: HENCH First Name: MARGARET Middle Name: E Active Duty Status As Of: Feb-12-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date 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 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future 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 whether the individual or his/her unit 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. l Yiiitt:tillii, r 1 v+: #j 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:Feb-12-201412:34:45 AM SCRA 3.0 i,'^C rtJ oy E Status Report Pursuant to Servicemem Civil Relief Act F Last Name: HENCH First Name: CARL Middle Name: K Active Duty Status As Of: Feb-12-2014 On Active Duty.On Active Duty Status Date Active Duty Start Date ',' Active Duty End Date Status Service Component', NA NA - No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status.Date Active Duty Start Date P.. Active Duty End Date Status Service Component', NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future 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 whether the individual or his/her unit 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. yikulf,,, 46 s . : , ,. i ..... dr 1-„, r 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,NATIONAL : CUMBERLAND COUNTY ASSOCIATION : COURT OF COMMON PLEAS vs. CARL K. HENCH : CIVIL DIVISION : No. 13-4979-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 01 14\14 . 7:11) B t 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.** 926440 JPMORGAN.CHASE BANK, NATIONAL COURT OF COMMON PLEAS , ASSOCIATION CIVIL DIVISION . • Plaintiff . Y. . NO. 13-4979-CIVIL .CARL K.HENCH . Defendant(s) CUMBERLAND COUNTY . TO:. . CARL K.HENCH • • ' • . • . • 1431 TRINDLE ROAD ` AIKJA 1770 WEST TRINDLE ROAD ' ' CARLISLE,PA 17013 - ' DATE OF NOTICE: i 1 i 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 BAR . Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIB-ARTY AVENUE (717)240-6195 CA' "LE.PA 17013 )249-3166 By: Ia•tir J i kobe,,ki, Esq., Id. No.200392 Anoint' ;for Plaintiff f Phelan allinrtn.LIT 1617.11 ' Boulevard.Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#926440 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff • v. . NO. 13-4979-CIVIL , CARL K.HENCH . • Defendants) • 'CUMBERLAND COUNTY • TO: CARL K..HENCH • 14 GARDEN PARKWAY CARLISLE,PA 17013-92j5�5 DATE OF NOTICE:- 9 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 DIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU.WITH INFORMATION ABOUT AGENCIES THAT MAY OI~'F±R LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . Office of the Prothonotary • CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION • 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CA r sLE,PA 17013 )249-3166 BY Just,. -'obeski,Esq.,Id. No.200392 Attorne ` for Plaintiff Phelan `Iallinan,LLP 1617,IF:K Boulevard, Suite 1400 One Pc in Center Plaza Philadelphia,PA 19103 P1 I It 926440 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-4979-CIVIL CARL K. HENCH Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $34,855.14 Interest from 02/14/2014 to Date of Sale $636.03 ($5.73 per diem) TOTAL $35,491.17 Ph n Hallinan,LLP J athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#926440 ( � 0Z lQ� C ' a -- -�. I c Pik '�DI1D r� �z E / � e - } \ 4 § m r o ¢ n m C m \ 0 o ± § � / D / ? 2 2 � / � J2 2 / / > . ' $ . \ 2 . q . � . � � o . 2 \ Q \ \ a \ � A � 7 . . . � . LEGAL DESCRIPTION ALL that certain lot of ground situate in the Township of Middlesex,County of Cumberland and State of Pennsylvania,numbered according to the Dale Fetrow Revised Plan of Lots,which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle,Pennsylvania,in Plan Book No. 3, page 103,bounded and described as follows: ON the North by Lot No. 105; on the East by Prospect Road; on the South by Trindle Spring Road;and on the West by Lot No. 15. Containing Fifty(50)feet,more or less,in front on said Trindle Spring Road,and extending in depth at an even width a distance of Two Hundred(200)feet,more or less,and being all of Lot No. 16 as shown on said Plan of Lots, on which there is erected a one story ranch type dwelling house and other improvements. SUBJECT,however, to the restrictions as they appear on the Dale Fetrow Revised Plan of Lots recorded as aforesaid. TITLE TO SAID PREMISES IS VESTED IN Carl K. Hench and Margaret E. Hench, h/w, by Deed from Carl K. Hench and Margaret E. Hench, h/w, dated 12/02/1968, recorded 12/03/1968 in Book A-23, Page 372. Margaret E. Hench departed this life on or about 313012004, at which time her ownership interest vested in the surviving tenant by the entirety. PREMISES BEING: 1431 TRINDLE ROAD,A/K/A 1770 WEST TRINDLE ROAD,CARLISLE,PA 17013 PARCEL N0.21-22-0119-048. �I�--ED-OF i=rL PHELAN HALLINAN, LLP , ,IE �oTtt �4 0 j# Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 FEB 14 AM If: 0 One Penn Center Plaza Philadelphia, PA 19103 f,�UMBERLAND COUNTY Jonathan.Lobb @phelanhallinan.com IENNSY(..VANIA 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-4979-CIVIL CARL K. HENCH Defendant(s) CUMBERLAND COUNTY CERTIFICATION 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 (X) 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 u.nsworn falsification to authorities. By: Phe allinan,LLP Jo6flithan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff O` JPMORGAN CHASE BANK,NATIONAL i6E'OTH0,4C COURT OF COMMON PLEAS ASSOCIATION Plaintiff 2014 FEB 14 CIVIL DIVISION C�. 'l8ERLrAN0 C0UNTY V. N0.: 13-4979-CIVIL PENNSYLVAP'#!A CARL K. HENCH Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,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 1431 TRINDLE.ROAD,A/K/A 1.770 WEST TRINDLE ROAD,CARLISLE,PA 1.7013. l. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) CARL K.HENCH 14 GARDEN PARKWAY CARLISLE,PA 17013-9255 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) CARL K.HENCH 14 GARDEN PARKWAY CARLISLE,PA 17013-9255 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) None. 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 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. PH#926440 i p 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 1431 TRINDLE ROAD A/K/A 1770 WEST TRINDLE ROAD CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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: Y By: P an Hallinan,LLP o athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 21.5-563-7000 PH#926440 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 13-4979-CIVIL CARL K. HENCH Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ' M r t ra TO: CARL K. HENCH cis 14 GARDEN PARKWAY t" M CARLISLE, PA 17013-9255 F ; "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM KMN`aBT it4gD WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN NKRUPTIC THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT;tUfbNL-V ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1431 TRINDLE ROAD,A/K/A 1770 WEST TRINDLE ROAD, CARLISLE,PA 17013 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of $34,855.14 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION (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 31.29.3. 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. I. 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. 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 (1.0) 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 v SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-4979-CIVIL JPMORGAN CHASE BANK, NATIONAL ASSOCIATION V. CARL K. HENCH owner(s) of property situate in MIDDLESEX TOWNSHIP,CUMBERLAND County, Pennsylvania, being 1431 TRINDLE ROAD,A/K/A 1770 WEST TRINDLE ROAD, CARLISLE, PA 17013 Parcel No. 21-22-0119-048. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $34,855.14 Attorneys for Plaintiff Phelan Hallman, LLP LEGAL DESCRIPTION ALL that certain lot of ground situate in the Township of Middlesex, County of Cumberland and State of Pennsylvania,numbered according to the Dale Fetrow Revised Plan of Lots,which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle,Pennsylvania,in Plan Book No. 3, page 103,bounded and described as follows: ON the North by Lot No. 105;on the East by Prospect Road; on the South by Trindle Spring Road;and on the West by Lot No. 15.Containing Fifty(50)feet,more or less,in front on said Trindle Spring Road,and extending in depth at an even width a distance of Two Hundred(200)feet,more or less,and being all of Lot No. 16 as shown on said Plan of Lots,on which there is erected a one story ranch type dwelling house and other improvements. SUBJECT,however,to the restrictions as they appear on the Dale Fetrow Revised Plan of Lots recorded as aforesaid. TITLE TO SAID PREMISES IS VESTED IN Carl. K. Hench and Margaret E. Hench, h/w, by Deed from Carl K. Hench and Margaret E. Hench, h/w, dated 1.2/02/1968, recorded 12/03/1968 in Book A-23, Page 372. Margaret E. Hench departed this life on or about 313012004, at which time her ownership interest vested in the surviving tenant by the entirety. PREMISES BEING: 1431 TRINDLE ROAD,A/K/A 1770 WEST TRINDLE ROAD,CARLISLE,PA 17013 PARCEL NO.21-22-0119-048. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4979 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Plaintiff(s) From CARL K.HENCH (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(§)not levied upon in the possession of GARNISHEES)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $34,855.14 L.L.: $.50 Interest FROM 2/14/201.4 TO DATE OF SALE($5.73 PER DIEM)-$636.03 Atty's Comm: Due Prothy: $2.25 Atty Paid: $190.31 Other Costs: Plaintiff Paid: Date: 2/14/2014 = David D.Buell,Prothonota (Seal) Deputy REQUESTING.PARTY: Name: JONATHAN LOBB,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 1.9103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312174 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DEFENDANT CARL K. HENCH SERVE CARL K. HENCH AT: 14 GARDEN PARKWAY CARLISLE, PA 17013 -9255 PH # 926440 SERVICE TEAM/ lxh COURT NO.: 13- 4979 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to CARL K. HENCH, Defendant on the a tday of M- NI , 20 1# , at ,--, 4%' 30, o'clock _t. M., at 14 6.60 EN Rilku 4fIC.IpUSCt PA , in the manner described below: ..gr Defendant personally served. -0 j t F 7 Adult family member with whom Defendant(s) reside(s). r•� `' ,. r �7 Relationship is SISTER. i-- --- c cr) _ Adult in charge of Defendant's residence who refused to give name or relationship. �t4.. _ 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 officer of said Defendant's company. Other: Description: Age 5O` Height 5.6`' Weight 200 Race W Sex t Other C'> a 7,7. �D Ronald Moll , a competent adult, hereby verify that I personally handed 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: 3 /a- I ' NAME: PRINTED NAME: Ronald Moll Process Server TITLE: NOT SERVED On the day of , , at o'clock . M., I, state that Defendant NOT FOUND ecause: Vacant Does Not Exist , a competent adult hereby _ Moved _ Does Not Reside (Not Vacant) No Answer on at at 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 Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563 -7000 2i I� Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215 -563 -7000 try' t, Fr,?R 21), El ��. a uTORNEY FOR PLAINTIFF to O U N PE * SYLVt;NI JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff v. CARL K. HENCH if Court of Common Pleas Civil Division CUMBERLAND County No.: 13- 4979 -CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the 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 August 21, 2013. 2. Judgment was entered on February 14, 2014 in the amount of $34,855.14. 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 June 4, 2014. 926440 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has 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 June 4, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Escrow to be Paid Escrow Deficit $30,421.30 $6,128.00 $196.80 $2,500.00 $844.90 $28.00 $942.32 $587.78 $1,072.00 TOTAL $42,721.10 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 Defendant. 8. Plaintiffs foreclosure judgment is in rem 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 April 23, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs 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 Plaintiff s Motion to Lift Conciliation Stay dated November 27, 2013. 926440 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 1----/4/".../ By: Phelan Hallinan, LLP Just' Kobe • Esquire ATTORNEY FOR PLAINTIFF 926440 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 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. CARL K. HENCH Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13- 4979 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE CARL K. HENCH 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. Plaintiffs Note was secured by a Mortgage on the Property located at 1431 TRINDLE ROAD, A/K/A 1770 WEST TRINDLE ROAD, CARLISLE, PA 17013. 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 926440 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. 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 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 926440 Company v. Burns, 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 Defendant 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 Defendant's 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 is 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 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 926440 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 rem 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 Defendant 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 Sheriffs 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. 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. 926440 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 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. 926440 VII. 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 Sheriffs 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 Sheriffs 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 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. 926440 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 terms 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. 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 926440 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: 4 By: Phelan Hallinan, LLP Justin F obeskj, Esquire Atto ey for Plaintiff 926440 Exhibit "A" 926440 Fit ED OFF/Cr OF THE PRO THONO'TAii 2014 FEB 14 AM 11: 09 PHELAN HALLINAN, LLP PENNSYLVANIA Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174„. 1617 JFK Boulevard, Suite 1400 LUMBERLAND COUNTY One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. CARL K. HENCH CUMBERLAND COUNTY COURT OF COMMON PLEAS • L DIVISION - • - . 13-4979-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMEN F DAMAGES TO THE PROTHONOTARY: "-AP Kindly enter judgm r V • and against CARL K.11ENCH, Defendant(s) for failure to o Plaintiff's Complaint within 20 days from service thereof and for foreclosure the mortgaged premises, and assess Plaintiff s damages as follows: As • set forthin-Complaint • TOTAL ,„ 1 certify that (1) the Defendant's last es are 1431 TRINDLE ROAD, A/KJA 1770 WEST TRINDLE RO 7013 and 14 GARDEN PARKWAY, CARLISLE, PA 17013 ce has been given in accordance with Rule Pa.R.C.P 237.1. $34,855.14 Date nathan Lobb, Esq., Id. No.312174 Attorne for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ID PH # 926440 PROTHONOTARY Exhibit "B" 926440 r PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania April 16, 2014 CARL K. HENCH 1431 TRINDLE ROAD AIKIA 1770 WEST TRINDLE ROAD CARLISLE, PA 17013 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. CARL K. HENCH Premises Address: 1431 TRINDLE ROADA/K/A 1770 WEST TRINDLE ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 13-4979-CIVIL Dear Defendant, 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 4/21/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly you Jus IL Esq., Id. No.200392 A Plaintiff Enclosure 926440 and Address Of Sender Phelan Hallinan, LLP 1517 JFK Boulevard, Suite 1400 JOH One Penn Center Plaza Philadelthia, PA 19103 Name of Addressee Street and Post Office Address CARL K. HENCH 1431 TRINDLE ROAD A/IVA 1770 WEST TRINDLE ROAD CARLISLE PA 17013 CARL K. HENCH 14 GARDEN PARKWAY CARLISLE PA 17013-9255 Ltte fit11 dcelararian of'ralue is required on all domestic and international registered nonnegotiable documents under Express Moil document reconstruct pi the nytoalinof W The maximum indemnity Payable on Ea p� saximu to n limk of payabte S2 oca or registered mail, sent with optional insuranet maximum indemnity payabk is 525,D0� 3 and S921 for limitations of cov =a. Farm 387'7 Facs 926440 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 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff v. CARL K. HENCH ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13- 4979 -CIVIL Defendant 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 individual on the date indicated below. CARL K. HENCH 1431 TRINDLE ROAD A/K/A 1770 WEST TRINDLE ROAD CARLISLE, PA 17013 DATE: %_ By: CARL K. HENCH 14 GARDEN PARKWAY CARLISLE, PA 17013 -9255 Phelan Hallinan, LLP Jus , ' . Ko ski, Esquire ATTO Y FOR PLAINTIFF 926440 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PII # 926440 SERVICE TEAM/ Ixh COURT NO.: 13-4979-CIVIL PLAINTIFF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DEFENDANT CARL K. HENCH SERVE CARL K. HENCH AT: 14 GARDEN PARKWAY CARLISLE, PA 17013-9255 SERVED Served and made known to CARL K. HENCH, Defendant on the -!day of A44-11ed 20 14 , at 4: 30, o'clock t. M., at 14 Gif4 Et' FOKirillictriuc a PA , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is SiSTgA. 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 officer of said Defendant's company. Other: Description: Age TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 Height 5 6,` Weight 'Zoo Race IA.) Sex t- Other Ronald Moll , a competent adult, hereby verify that I personally handed 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 *understaad that this Statement' is niade subject to the'penalties of ig P. C.S. Sec. 4904 felating to unswom falsification to authorities. DATE: JJi2LLI NAME: On the day of , 20 , at -state thin3Ffendant NOT FOUND because:. Ronald Moll PRINTED NAME: PrOCCSS Server TITLE: NOT SERVED o'clock . M., I, , a competent adult hereby • . • __. Vacant . Does Not Exist .. _ Moved . Does Not Reside (Not Vacant) No Answer on * • at at . . Service Reftised • 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.Hallinan, LLP . 1617 JFK Boulevard, Suite 1400' One Penn Center Plaza Philadelphia, PA 19]03 (215) 563-7000 P1 W 2-1 /4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. CARL K. HENCH Plaintiff Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4979-CIVIL RULE AND NOW, this 30 day of Ai, 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs 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. BY T E COURT "0. ril al-. • • - .r... 926440 Tustin 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 ARL K. HENCH 1431 TRINDLE ROAD A/K/A 1770 WEST TRINDLE ROAD CARLISLE, PA 17013 CO-3 e_si /12. •Li cVf`i .1/4_7_111 ...../<2L K. HENCH 14 GARDEN PARKWAY CARLISLE, PA 17013-9255 926440 926440 ROTHONOTT -; rFr -6 Ail 9::59 PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 i l �.� r 1; C r 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL : CUMBERLAND COUNTY ASSOCIATION Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CARL K. HENCH No.: 13 -4979 -CIVIL Defendant(s) 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 Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: Adam H. Davis, Esq., q , I . No.203034 Attorney for 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 # 926440 Name and Address Of Sender 1617Phelan Hallinan, LLP 11111+ 1617 JFK Boulevard, One Penn Center Plan Philadelphia, PA 1910 AZK/CET - 0610412014 SALE st N 4 re 0rea. Cr Ts; 0 0 0 Line Article Number Name of Addressee, S reef, an ; Post Office Address Postage �W �,� r 2 s. o Ns— a 'ill .;'?. rF t y `� ` . Z" k.d a:°; ` :t «�\ � ,/ 1 **** TENANT/OCCUPANT 1431 TRiNDLE ROA t A/K/A 1770 WEST ',.1 1 LE ' OAD CARLISLE, PA 17013 $0.47 2 **** Commof Pen yivani: Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry • Dept 280601 ' • Harrisburg, PA 17128 $0.47 3 s**s Department of Public !fare, Casualty Unit, Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 •$0:47 4 **** Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 4 5 **** Commonwealth of Pennsy : nia Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 6 **** Internal Revenue Service A visory 1000 Liberty Avenue Room ' 04 Pittsburgh, PA 15222 $4.47 7 **** U.S. Department of Justice U.S. Attorney for the Middle I) istrict If PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 ,,.., .,n,..,,,,-- _ .,-,.--„, - :_ $0.47 ora ._ or _ -131► a. +0 ''H#926440lt02T _Fake+of-I' ~WrltTeam-- -r $3.29 ,i;ER i Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office. Pos + ter. Per ( - me of Reed ing Emplo ) The full declaration of value k required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mali document nxonatruction insurance is MONO per piece subject to a limit of 3300,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is SSOO. The maximum indemnity payable is 573.000 for registered mail. sent with optional insurance. See Domestic Mail Manual R900 S913 and S921 for limitations of coverage. Form 3877 Facsimile Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 :F°�" ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400Hoz i °�t°' �� One Penn Center Plaza" �i ��sC Philadelphia, PA 19103��'� YL', @i� Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. CARL K. HENCH Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4979 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CARL K. HENCH 1431 TRINDLE ROAD A/K/A 1770 WEST TRINDLE ROAD CARLISLE, PA 17013 DATE: s/gi By: CARL K. HENCH 14 GARDEN PARKWAY CARLISLE, PA 17013-9255 Phelan Hallinan, LLP Jythan Lobb, Esq., Id. No.312174 ttorney for Plaintiff 926440 Phelan Hallinan, LLP t I ;ONO , ; Jonathan M. Etkowicz, Esq., s` ,o 0,Sg86 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 " ' HI 0 One Penn Center Plaza CUMBERLAND COUNT' Philadelphia, PA 19103 PENNSYLVANIA jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. CARL K. HENCH Plaintiff Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4979 -CIVIL MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on April 24, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about April 30, 2014 directing the Defendant to show cause by May 20, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on May 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 20, 2014. 926440 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: Phelan . allinan, LLP Jon.' M. Etkowicz, Esq., Id. No.208786 Atto ey for Plaintiff 926440 Exhibit "A" 926440 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA .IPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. CARL K. HENCH Plaintiff Defendant RULE AND NOW, this a?(.E' . day of Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4979 -CIVIL 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant 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. BY THE COURT D � �•? ter., 926440 Justin 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 CARL K. HENCH 1431 TRINDLE ROAD A/K/A 1770 WEST TRINDLE ROAD CARLISLE, PA 17013 CARL K. HENCH 14 GARDEN PARKWAY CARLISLE, PA 17013-9255 926440 926440 Exhibit "B" 926440 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, NATIONAL ASSOCIATION Plaintiff vs. CARL K. I-IENCH AN!) S Yj-V4 N ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4979 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 30, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CARL K. HENCH 1431 TRINDLE ROAD A/K/A 1770 WEST TRINDLE ROAD CARLISLE, PA 17013 DATE: CARL K. HENCH 14 GARDEN PARKWAY CARLISLE, PA 17013-9255 Phelan Hallinan, LLP By Ji than Lobb, Esq., Id. No.312174 ttorney for Plaintiff 926440 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. CARL K. HENCH ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -4979 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. CARL K. HENCH 1431 TRINDLE ROAD A/K/A 1770 WEST TRINDLE ROAD CARLISLE, PA 17013 DATE: 51 By: Jonathan Etkowicz, Esq., Id. No.208786 Attorney t r Plaintiff CARL K. HENCH 14 GARDEN PARKWAY CARLISLE, PA 17013-9255 Phelan lin LL 926440 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION vs. CARL K. HENCH Plaintiff Civil Division ('1 CUMBERLAND Co wf^ -<> No.: 13 -4979 -CIVIL E CD Defendant ORDER AND NOW, this 3"4 day of q , 2014, upon consideration of Plaintiff s rn = ! c.} Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 4, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Escrow to be Paid Escrow Deficit $30,421.30 $6,128.00 $196.80 $2,500.00 $844.90 $28.00 $942.32 $587.78 $1,072.00 TOTAL $42,721.10 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ks, r.� CSC, My J • £4k lcL iez. eztat N 10141/Iti BY TH COURT: 926440 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r ,L.E L OE.r i�•L. ; Stititltt, Oi'4lriR(un �? O THE PRO ! HONO TA ti, } 2 11i AUG 18 PM 12: I I{ GPltCE wFTY Sf<4r.!;F CUMBERLAND EYANIATY JP Morgan Chase Bank National Association vs. Carl K Hench Case Number 2013-4979 SHERIFF'S RETURN OF SERVICE 03/24/2014 12:32 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Bonnie Hench, sister, who accepted as "Adult Person in Charge" for Carl K Hench at 14 Garden Parkway, South Middleton Township, Carlisle, PA 17013-9255, Cumberland County. 03/24/2014 02:19 PM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1431 Trindle Road, a/k/a 1770 West Trindle Road, Carlisle, PA 17013, Cumberland County. 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of, JPMorgan Chase Bank, National Association, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $830.73 SO ANSWERS, July 28, 2014 RONNY R ANDERSON, SHERIFF tci '.`, iitySu: e Sr,eriff. "'e eosoft Inc, On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA, Known and numbered as 1431 Trindle Road, A/K/A, 1770 West Trindle Road, Carlisle, as Exhibit "A" filed with this CV C`J d Writ and by this Reference incorporated herein. c Date: March 3, 2014 l.L. By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-4979 Civil Term JP Morgan Chase Bank National Association vs. Carl K. Hench Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -4979 -CIVIL, JPMORGAN CHASE BANK, NATIONAL ASSOCIA- TION v. CARL K. HENCH owner(s) of property situate in MIDDLESEX TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1431 TRINDLE ROAD a/k/a 1770 WEST TRINDLE ROAD, CARLISLE, PA 17013. Parcel No. 21-22-0119-048. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $34,855.14. 63 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, l ditor SWORN TO AND SUBSCRIBED before me this 2 da of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 Technology Pkwy Suite 300 ' Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2013-4979 Civil Term o. JP Morgan Chase Bank National Association K, Vs arI K. Hench A Joseph Schalk in MID LESEX TOWNSHIP, CU ERLAND County, Pennsylvania, being 1431 TRINDLE ROAD, A/K/A 1770 WEST TRINDLE ROAD, CARLISLE, PA 17013 Parcel No. 21-22-0119-048. • Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $34,855.14 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworn o nd subscribed before \ . CW e 's 02 day of May, 2014 A.D. tary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission ••res Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSnCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which JPMorgan Chase Bank N A is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 14th day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 4979, at the suit of JPMorgan Chase Bank N A against Carl K Hench is duly recorded as Instrument Number 201418345. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of / , A.D. c2&/( Vid 4) ?lc PI vAir Recorder of Deeds Alt Decor " Deeds, Cumberland County, Carlisle, PA My Co mission Expires the First Monday of Jan. 2018