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Home My WebLink About13-5620 4upreme Court:of Pennsylvania , Pleas COUr COm eas For Prothonotary Use Only: vil'Gov� ��eet CIO _ , C Docket No: � ° The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of leadin s or other papers as required by law or rules of court. S Commencement of Action: 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: AARON C. DIRKS T NATIONAL ASSOCIATION I Are money damages requested? ❑ Yes ❑D No Dollar Amount Requested: El within arbitration limits U (Check one ) 21 outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes x❑ No A Name of Plaintiff/Appellant's Attorney: Melissa J. Cantwell, Esq., Id. No.308912, Phelan Hallinan. LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ 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: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 = m rn rr v - � - r� -<r c:) CD i e� C ."Zic c:) C: s PHELAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Melissa .Cantwell @phelanhallinan.com 215 -563 -7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS 1111 POLARIS PARKWAY COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff TERM v. NO. AARON C. DIRKS 344 SOUTH LAWRENCE STREET CUMBERLAND COUNTY MIDDLETOWN, PA 17057 -1130 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE v File #: 796882 C�134�54 # �a Unc� 1. Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057 -1130 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 02/28/2007 AARON C. DIRKS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1984, Page 1617. By Assignment of Mortgage recorded 07/11/2013 the mortgage was assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, which Assignment is recorded in Assignment of Mortgage Instrument No. 201322806.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 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 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 01/01/2012 and each month thereafter are due and unpaid, and by the terms File #: 796882 -r of said mortgage, upon failure of Mortgagor to make such payments after a date specified 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 04/09/2013: Principal Balance $94,078.75 Interest from $8,467.04 12/01/2011 through 03/31/2013 Late Charges $129.60 Property Inspe tions � $104.00 Escrow )efici 'OI-� $1,844.33 TOTAL $104,623.72 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 #: 796882 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $104,623.72, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff File #: 796882 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being Lot 2 -3, Stage II, Section A, Allenview, as recorded in Cumberland County Plan Book 43, Page 32, as bounded and described as follows, to wit: BEGINNING at a point on the dividing line between Lots 2 -2 and 2 -3, said point being measured the following course and distance from the South side of Allenview Drive; South 18 degrees 12 minutes East, 89.13 feet to a point the place of BEGINNING; thence along said dividing line North 71 degrees 48 minutes East, the distance of 49.30 feet; thence South 18 degrees 12 minutes East the distance of 49.30 feet; thence South 18 degrees 12 minutes East the distance of 16.10 feet to a point; thence South 71 degrees 48 minutes West, the distance of 49.30 feet; thence North 18 degrees 12 minutes West, the distance of 16.10 feet to a point, the place of BEGINNING. BEING known and numbered as 805 Allenview Drive. PROPERTY ADDRESS: 805 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055 -6190 PARCEL #42 -28- 2423 -320 File #: 796882 ' Pennsylvania Verification SHANTERIA D. DAVIS , hereby states that he /she is Vice President of JPMor�an 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. l understand that this statement is made subject to the penalties of 18 Pa_ C_S_ Sec. 4904 relating to unsworn falsification to authorities_ SHANTERJA D_ DAVIS Vice President Date_ 9 • W 13 JPMorf-yan Chase Bank, N -A Borrower: O UO2b , Property Address :G County: Last Four of Loan Number: 6) )(9,4 FORM 1 C IN THE COURT OF COMMON PLE� JPMORGAN CHASE BANK, NATIONAL OF CUMBERLAND COUNTY, PENNS A NF ASSOCIATION Plaintiff(s) l Cn a fi r VS. y� � :Z Y C) AARON C. DIRKS v `� Defendant(s) evil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: SEP Z' 201 Date Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff A 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 ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for.Default: i ' Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: 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 /Tuft. 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: 1 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) f • 6. Listing agreement (if property is currently on the market) i 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 #: 796882 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r Jody S Smith Chief Deputy -1 OCT 1 I A 1111 `f: Richard W Stewart �(�:�� ` Solicitor OPF)., „F 3HESPERIPr PEMNSYLVANIA JPMorgan Chase Bank, N.A. Case Number vs. Aaron C Dirks 2013-5620 SHERIFF'S RETURN OF SERVICE 09/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Aaron C Dirks, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 10/01/2013 04:56 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Occupant Mandy Sheaffer, Tennant,who accepted as"Adult Person in Charge"for Occupant at 805 Allenview Drive, Upper Allen, Mechanicsburg, PA 17055. JASOK KIN E , DEPUTY 10/02/2013 02:16 PM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Andrea Dirks, Wife of defendant, who accepted for Aaron C Dirks, at 344 South Lawrence Street, Middletown, PA 17057. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $55.30 SO ANSWERS, October 07, 2013 RbNrW R ANDERSON, SHERIFF (.;i Ccu:n.tySui'e Sheriff,lojfmCft.Inc. , . r Shelley Ruhl Jack Duignan Real EstaTe Deputy ?' Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JPMORGAN CHASE BANK, NATIONAL ASSOCIATION VS County of Dauphin AARON C. DIRKS Sheriff s Return No. 2013-T-2671 OTHER COUNTY NO. 2013-5620 And now: OCTOBER 2, 2013 at 2:16:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon AARON C. DIRKS by personally handing to ANDREA DIRKS * 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 344 SOUTH LAWRENCE STREET MIDDLETOWN PA 17057 * WIFE OF DEFENDANT AND ADULT PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to So Answers, before me this 3RD day of October, 2013 QAlc- Sheri of Dauphin Co nty, Pa. -)P�4z - I .. By COMMONWEALTH OF PENNSYLVANIA De Sheriff NOTARIAL SEAL De ty: J STRAINING Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $47.25 10/2/2013 My Commission Expires August 17,2014 HE 1 PHELAN HALLINAN, LLP 1 3 OEC _ 1 : � '� Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1.400 CUMBERLAND COUNTY One Penn Center Plaza �L N N S Y LV*11 A Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION AARON C. DIRKS No. 13-5620-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 AARON C. DIRKS, 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 $104,623.72 TOTAL $104,623.72 I hereby certify that (1) the Defendant's last known addresses are 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057-1130 and 805 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6190, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date IF J athan LA, Esq., Id. No.312174 Attorney for Plaintiff 0 DAMAGEAAE EREBY ASSESSED AS 1NDICAT *A srlu DATE: J .► Nb��e PH#796882 PROTHONOTARY 796882 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 AARON C. DIRKS No. 13-5620-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 of Congress of 1940, as amended. (b) that defendant AARON C. DIRKS is over 18 years of age and has last known addresses at 344 SOUTH LAWRENCE STREET, MIDDLETOWN, PA 17057-1130 and 805 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6190. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Ph an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 796882 2. Department of Defense Manpower Data Center Results as of:Dec-04-2013 12:16:33 SCRA 3.0 Status Report Furst to Servicememben Civil Relief Act. Last Name: DIRKS First Name: AARON Middle Name: C Active Duty Status As Of: Dec-04-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA I 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 Dale Status Service Component NA I ANA t � `t �� No` T'- NA This response reflects ivhe�e Ite individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HisfHer 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 .'M,.r 1.. ,, -J; - $No NA This response reflects whether the individual or his/her unit has received easily 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. iA 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. AARON C.DIRKS CIVIL DIVISION No. 13-5620-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1.617 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 ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 796882 t < JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 13-5620-CIVIL AARON C.DIRKS Defendant(s) CUMBERLAND COUNTY TO: AARON C.DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN,PA 17057-1130 DATE OF NOTICE: t C , —.. 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 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: J than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#796882 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 13-5620-CIVIL AARON C.DIRKS Defendant(s) CUMBERLAND COUNTY TO' AARON C.DIRKS 805 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6190 DATE OF NOTICE: 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 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Jo than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#796882 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.: 13-5620-CIVIL AARON C.DIRKS Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter Amount Due $104,623.72 Interest from 12/06/2013 to Date of Sale $1,668.40 ($17.20 per diem) TOTAL $106,292.12 P191an Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#796882 MM M F OLM4 r- , �> S5. So Ci�1= r-M <o M � �c Ll ll ,-'r d0q, os -1 7,9 y gab o y to we O � 01� z °z r zo y o y O z d � a d con i Y w a � �C) Cm A CD tar] i, LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania,being Lot 2-3, Stage III,Section A,-Allenview,as recorded in Cumberland County Plan Book 43,Page 32,as bounded and described as follows,to wit: BEGINNING at a point on the dividing line between Lots 2-2 and 2-3, said point being measured the following course and distance from the South side of Allenview Drive;South 18 degrees 12 minutes East, 89.13 feet to a point the place of BEGINNING; thence along said dividing line North 71 degrees 48 minutes East,the distance of 49.30 feet;thence South 18 degrees 12 minutes East the distance of 49.30 feet;thence South 18 degrees 12 minutes East the distance of 16.10 feet to a point;thence South 71 degrees 48 minutes West,the distance of 49.30 feet;thence North 18 degrees 12 minutes West,the distance of 16.10 feet to a point,the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Aaron C. Dirks, single man, by Deed from Kenneth M. Martin and Yvonne E. Martin, husband and wife, dated 02/27/2007, recorded 03/07/2007 in Book 279, Page 146. PREMISES BEING: 805 ALLENVIEW DRIVE,MECHANICSBURG,PA 17055-6190 PARCEL NO.42-28-2423-320 PHELAN HALLINAN, LLP -L t,l-f�' ;.L rx ; ,., Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312'174 CH ' Gn14' 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com '1E I N,S y UVANIA 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-5620-CIVIL AARON C. DIRKS 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 unsworn falsification to authorities. By: P Ian Hallinan,LLP Ian Lobb,Esq.,Id.No.312174 Attorney for Plaintiff .a ja-PMORGAN CHASE BANK,NATIONAL,;-' , w " . - l: +��',.�,; : COURT OF COMMON PLEAS ASSOCIATION Plaintiff gym' � y _5i6 CIVIL DIVISION V. , �A ERLAVAD 0001 NO.: 13-5620-CIVIL EV AARON C.DIRKS 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 805 ALLENVIEW DRIVE,MECHANICSBURG,PA 17055-6190. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) AARON C.DIRKS 344 SOUTH LAWRENCE STREET, MIDDLETOWN,PA 17057-1130 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) AARON C.DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN,PA 17057-1130 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) RBS CITIZENS,N.A. 10561 TELEGRAPH ROAD GLEN ALLEN,VA 23059 RBS CITIZENS,N.A. 450 EAST BOUNDARY STREET C/O FA DOCUMENT SOLUTIONS CHAPIN,SC 29036 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) UPPER ALLEN TOWNSHIP PO BOX 840 C/O J.STEPHEN FEINOUR,ESQUIRE HARRISBURG,PA 17108 UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE C/O J.STEPHEN FEINOUR,ESQUIRE MECHANICSBURG,PA 17055 PH#796882 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) THE ALLENVIEW HOMEOWNERS 5001 CARLISLE PIKE ASSOCIATION MECHANICSBURG,PA 17055 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 805 ALLENVIEW DRIVE MECHANICSBURG,PA 17055-6190 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: 3 By: P an Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 ` 215-563-7000 PH#796882 M1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 13-5620-CIVIL AARON C. DIRKS Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN, PA 17057-1130 "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." Your house(real estate) at 805 ALLENVIEW DRIVE,MECHANICSBURG,PA 17055-6190 is scheduled to be sold at the Sheriff's Sale on 03/12/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$104,623.72 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION (the mortgagee) against you. In the evgnt fie sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rul"- 12y- ! NOTICE OF OWNER'S RIGHTS ;j` '; YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: p ~° 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, cos-es and - reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 c SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-5620-CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION V. AARON C. DIRKS owner(s) of property situate in UPPER ALLEN TOWNSHIP,CUMBERLAND County, Pennsylvania, being 805 ALLENVIEW DRIVE,MECHANICSBURG, PA 17055-6190 Parcel No. 42-28-2423-320 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $104,623.72 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township,Cumberland County, Pennsylvania,being Lot 2-3,Stage III, Section A,Allenview,as recorded in Cumberland County Plan Book 43,Page 32,as bounded and described as follows,to wit: BEGINNING at a point on the dividing line between Lots 2-2 and 2-3, said point being measured the following course and distance from the South side of Allenview Drive; South 18 degrees 1.2 minutes East, 89.13 feet to a point the place of BEGINNING; thence along said dividing line North 71 degrees 48 minutes East,the distance of 49.30 feet;thence South 18 degrees 12 minutes East the distance of 49.30 feet;thence South 18 degrees 12 minutes East the distance of 16.10 feet to a point;thence South 71 degrees 48 minutes West,the distance of 49.30 feet;thence North 18 degrees 12 minutes West,the distance of 16.10 feet to a point,the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Aaron C. Dirks, single man, by Deed from Kenneth M. Martin and Yvonne E. Martin, husband and wife, dated 02/27/2007, recorded 03/07/2007 in Book 279, Page 146. PREMISES BEING: 805 ALLENVIEW DRIVE,MECHANICSBURG,PA 17055-6190 PARCEL NO.42-28-2423-320 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 13-5620-CIVIL AARON C. DIRKS Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN,PA 17057-1130 "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.** Your house(real estate) at 805 ALLENVIEW DRIVE,MECHANICSBURG,PA 17055-6190 is scheduled to be sold at the Sheriff's Sale on 03/12/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$104,623.72 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION(the mortgagee) against you. In the eygnt fie sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rul(012§3. ! -,s i:�J �, • ' NOTICE OF OWNER'S RIGHTS fir-- ! cr3 YOU MAY BE ABLE TO PREVENT THIS SHERIFFS 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, cogtrs and LL reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 21.5-563-7000. 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 (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-5620-CIVIL JPMORGAN CHASE BANK,NATIONAL ASSOCIATION V. AARON C. DIRKS owner(s) of property situate in UPPER ALLEN TOWNSHIP,CUMBERLAND County, Pennsylvania, being 805 ALLENVIEW DRIVE,MECHANICSBURG, PA 17055-6190 Parcel No. 42-28-2423-320 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $104,623.72 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5620 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 AARON C.DIRKS (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(s)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: $104,623.72 L.L.: $.50 Interest FROM 12/06/2013 TO DATE OF SALE($17.20 PER DIEM)-$1,668.40 Atty's Comm: Due Prothy: $2.25 Atty Paid: $204.05 Other Costs: Plaintiff Paid: Date: 12/5/2013 vi well,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JONATHAN LOBB,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312174 vo� "6 fti 9: 41+ ('LIM EI\LAHD COUNTY Phelan Hallinan, LLP PENNSYLVANIA Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL : Court of Common Pleas • ASSOCIATION Plaintiff • Civil Division v. • CUMBERLAND County AARON C. DIRKS • No.: 13-5620-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 September 26, 2013. 2. Judgment was entered on December 5, 2013 in the amount of$104,623.72. 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. 796882 4. The Property is listed for Sheriffs Sale on March 12, 2014. 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 $94,078.75 Interest Through March 12, 2014 $14,496.91 Late Charges $129.60 Legal fees $1,650.00 Cost of Suit and Title $676.30 Property Inspections $261.00 Appraisal/Brokers Price Opinion $345.80 Escrow Deficit $3,041.96 TOTAL $114,680.32 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. Plaintiff's 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 January 2, 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. No judge has previously entered a ruling in this case. 796882 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: I ,j 1 I By: _ 11 Jona In . Etkowicz, Esquire ATT RNEY FOR PLAINTIFF 796882 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION Plaintiff : Civil Division • v. • CUMBERLAND County AARON C. DIRKS • No.: 13-5620-CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE AARON C. DIRKS 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 805 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6190. 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. 796882 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. 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 796882 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 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. 796882 • 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 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 Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 796882 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. 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 796882 • 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. 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. 796882 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. 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 796882 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 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. 796882 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: 3 1 By: /a' Jonath.r . Etkowicz, Esquire Attorn- for Plaintiff 796882 Exhibit "A" 796882 4 PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb,Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 • C9 Jonathan.Lobb @phelanhallinan.com 215-563-7000 G JPMORGAN CHASE BANK, : CUMBERLAND COUNTY �yy� boy NATIONAL ASSOCIATION J►.y : COURT OF COMMON PLEAS L� � o2 vs. : CIVIL DIVISION 9Gy AARON C.DIRKS : No. 13-5620-CIVIL PRAECIPE FOR IN REM JUDGMENT :: .: ANSWER AND ASSESSMENT 0'fit ' TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against AARON C.DIRKS, 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 �'" $104,623.72 TOTAL �� .** $104,623.72 I hereby cer0. the Defendant's last known addresses are 344 SOUTH LAWRENCE STREET, IN DLETOWN,PA 17057-1130 and 805 ALLENVIEW DRIVE, MECHANICSBURG,PA 17055-6190, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date J than b,Esq.,Id:No.312174 Attorney Plaintiff " for Plainti DAMAGES ARE HEREBY ASSESSED AS IND vat�"' _ DATE. 10'1413 �, A. ACO PH#796882 PROTHONOTARY 796882 • Exhibit "B" 796882 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 2$,2013 AARON C. DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN,PA 17057-1130 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. AARON C. DIRKS Premises Address: 805 ALLENVIEW DRIVE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-5620-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 1230/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. 'ery I A on an rurs, Etkowicz.Esq., Id.No.208786 eruey for Plaintiff Enclosure 796882 • t OZ £Z D30 let 1981080 ,:.1 ,A ,iy+ cn °,r, "w' ' ," _.r.,,.. '�)1 'r , ; :2321113 , tieA3Miki4{3S 1SOd Sf , ..., Yr, ... W n a a .a 7. h 1 III 114 »''' S 3 h 4 iii r pQ E /Y I g12 s 5.1 41 141 i a, a ! 1 = am 4 o ; I304 M m J Pa " LJ ,.. z - > v C> (1) 41 't- 2 - rte a' aa � Q . � 3 . 4 A c or ,,,. = 0Qz4j p : 40 W U �.1 2 4y a. 4o it 0w a., - 0z .444 ..a ... 11 i * 1 Z z, 3 it ni # t*i 7, 11 era � � �� a z sn w z - o N s 0 0 . t ,',".=;,',:7,'+{ ^:Y R Ut''-'!- ri..: p} uwr A' ,�Z. w 1 F i7 * u yrtx Lto RF4 _ax t'x M TV,, ;k ` ` N �..6:g 7.'.1� 11y},,trgin:'" p Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL • Court of Common Pleas • ASSOCIATION Plaintiff • Civil Division • • v. • CUMBERLAND County • AARON C. DIRKS : No.: 13-5620-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. AARON C. DIRKS AARON C. DIRKS 344 SOUTH LAWRENCE STREET 805 ALLENVIEW DRIVE MIDDLETOWN, PA 17057-1130 MECHANICSBURG, PA 17055-6190 Phelan Hallinan,LLP /3 /tc(DATE: 1 3 By: 4.1.1 Jo M. tkowicz,Esquire A I A RNEY FOR PLAINTIFF 796882 t _ .. I lam.. _ .. .. .. I -9 J I t R [ 1 14.i 1 I 4. 1 !, : f ..r 3 i r f"L li{ JrLtbt.,Vlri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL • Court of Common Pleas ASSOCIATION Plaintiff • Civil Division v. • CUMBERLAND County AARON C. DIRKS • No.: 13-5620-CIVIL Defendant RULE AND NOW, this 9 day of 94,,, 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 COURT J. 796882 2„ it; 3n PE YfY l YA. mtj,41 i Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION Plaintiff • Civil Division vs. : CUMBERLAND County AARON C. DIRKS No.: 13-5620-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 9, 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. AARON C. DIRKS AARON C. DIRKS 344 SOUTH LAWRENCE STREET 805 ALLENVIEW DRIVE MIDDLETOWN, PA 17057-1130 MECHANICSBURG, PA 17055-6190 Phelan Hallinan, LLP DATE: I//N/i y By: John D. Kro , Esq., Id. No.312244 Attorney for Plaintiff 796882 • AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,NATIONAL ASSOCIATION PH#796882 DEFENDANT SERVICE TEAM/lxh AARON C.DIRKS COURT NO.: 13-5620-CIVIL SERVE AARON C.DIRKS AT: TYPE OF ACTION 344 SOUTH LAWRENCE STREET XX Notice of Sheriff's Sale MIDDLETOWN,PA 17057-1130 SALE DATE: March 12,2014 - - - Lzs =7.-3- "°i,t„`` Served and made known to AARON C.DIRKS,Defendant on the ', day ofc)Prc,” ,20 ",at _.<> • -' 12-14 ,o'clock P.M.,art-923'15. • 01198 12irn.• ,in the manner described below: C t _pefendant personally served. p Adult family member with whom D�efe-ndant(s)reside Relationship is� t . aA00€04- i 4 k c ri? T%' Adult in charge of Defendant's residence who refused to give name or relationship. —t CD 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: i Description: Age ,L 7 Height; 7 q Weight /2 O RaceLA4h( Sex r Other I,DprN12 (te °yhSi-, 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:I NAME:P PRINTED NAME: PA-11-2' I-L 1 i e,3 h A< TITLE: COINS *V-, . NOT SERVED On the day of 20_,at o'clock_.M.,I, ,a competent adult hereby state thaTendyant NOT FOUND because : Vacant _Does Not Exist _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 H- THC O iA lY 2 FEB —6 Ail 10: 23 CUML3E1s1_AND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathametkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION Plaintiff • Civil Division vs. • CUMBERLAND County • AARON C. DIRKS • No.: 13-5620-CIVIL • Defendant 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 January 6, 2014. 2. 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 December 23, 2013 and requested Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 796882 3. A Rule was issued by the Honorable Kevin A. Hess on January 9, 2014 directing the Defendant to show cause by January 29, 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 B. 4. The Rule to Show Cause was timely served upon all parties on January 14, 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 C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 29, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phel. all'I.n, LL' �f DATE: v 5 By: Mg Ali Jonat . tkowicz, Esq., Id.No.208786 Attorn for Plaintiff 796882 • Exhibit "A" 796882 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 December 23,2013 AARON C.DIRKS 344 SOUTH LAWRENCE STREET MIDDLETOWN,PA 17057-1130 RE: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION v. AARON C. DIRKS Premises Address: 805 ALLENVIEW DRIVE MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-5620-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 12/30/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. ery u urs 1 on an Elko c .Esq.,Id.No.208786 wrney for Plaintiff Enclosure 796882 • ra con eZ 330t6W $E1Q fl /.NO2 PE,V+ c■ Q rn al oe A 4 3OV1.SOd Sfl .,.y *- ' s USPS p;, 43 zit P !pi 1111 041 Siiiii w a I N rii .5 a d _ t Ei S 1 Ego = - "X 1 U 0 m 0. y > ; ' 0 v z e. aa 4a awl i • ' 0. A [ uz� .2 ,.. Z *. . . * .. ,. _. . c M to 4) e, .a 8 cy V a W z<O •Z i1_.,.........,_.......__.,»•......................... 'F*P`,&'r '�'� ";-:-'*‘..14,;.• \,-'-',,&,:•4i*-*;,1-,7,';•;" �i`��M:MUly s'.a �.;: � Y� rna �.4'1 Y�'a.,r �t r. r Exhibit "B" 796882 :;;9 , -9 PM1: I PEN' .SYL;,,. N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division v. CUMBERLAND County AARON C. DIRKS No.: 13-5620-CIVIL Defendant RULE AND NOW,this 9 day of.J `"` 2014, a Rule is entered upon the Defendant t 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 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 THE COURT 796882 Jonathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 AARON C. DIRKS AARON C. DIRKS 344 SOUTH LAWRENCE STREET 805 ALLENVIEW DRIVE MIDDLETOWN,PA 17057-1130 MECHANICSBURG,PA 17055-6190 796882 796882 • Exhibit "C" 2Ui' J;;;;I;j15n-'')I4rtfr-IILO:, fit 1:i PENNSyi } CCIU,#Ty NIA, Phelan Hallinan, LLP John D. Krohn,Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs. CUMBERL (tatty` AARON C. DIRKS No.: 13-5620-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 9,20141ttile 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. AARON C. DIRKS AARON C. DIRKS 344 SOUTH LAWRENCE STREET 805 ALLENVIEW DRIVE MIDDLETOWN,PA 17057-1130 MECHANICSBURG,PA 17055-6190 Phelan Hallinan, LLP DATE: //MA By: John D. Kro ,Esq.,Id.No.312244 Attorney for Plaintiff 796882 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas • ASSOCIATION Plaintiff • Civil Division vs. : CUMBERLAND County • AARON C. DIRKS : No.: 13-5620-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. AARON C. DIRKS AARON C. DIRKS 344 SOUTH LAWRENCE STREET 805 ALLENVIEW DRIVE MIDDLETOWN, PA 17057-1130 MECHANICSBURG, PA 17055-6190 Phel @lli , LLP DATE: -2/( J �/`'( By: ..11/ Jonath7 . Etkowicz, Esq., Id.No.208786 Attorne or Plaintiff 796882 GE' f°gip j Dih`u dOTA 20, 1 FEB 12 AM 10: 56 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,IdCMVIR .4HND COUNTY 1617 JFK Boulevard, Suite R%NS YLVANI 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 AARON C.DIRKS No.: 13-5620-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". Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Date: 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#796882 008,900 S v��"�61J,7 a u` v E g v V - p U V C O C.O o E s T E ai E o 2 i v J _ Y. o G •_ u 4 E t� O U O u eq P t2 V O W n OT Z Z i y 'ti v; � to � •S O A . �` � CIS A w , p ,n � � U v U o ti d o ti ra C4 '`� C4 o r a 4 L o c, �n > a o 00 .G w N ° r� zAC" xN � � -. CS a, _ 2 o y.. m m o aN h d ❑ o of y d1 a 4, Q h vi w fn 0+ .-� d o N w, y (� — wA+ ✓ 2 ZAM 5wa Cx d C p. C a t M 4« w h CN o tom '" d > v zc E uU � via ° AN � Cr+ o rn o j ^ 7 (� 2 7O o > c r E w� °U � 8 cz c o aCi W .W.� N � cUi W � rU " O o � v .r � a« .z do cO7 }- � oCU c C — Wt� � i e- aaz � > u ^" 00 = � xa�, x � � a4.. E"` ,..� •r'; � W .% � � z is xc zUW0. .: CW oAd s. .Tr ° .•= y � `i z ,niUr7 `� voi W � o .e Wo W ao Q� z i a �' °o v� c�i vpo � w ° Oa z F--FoceT C4 F ° c A ° AG`O, AUM� � UAP, = ° t A � G� NGO. CG Fs lu a� l A VVj� M a 0 00 � N 'p w O ZQO ‘1( i fi L 1 HE PR O 1 HONE; if A Y IN THE COURT OF COMMON PLEAS nit't'FEB 12 PM 11: 8 CUMBERLAND COUNTY,PENNSYLVANIA CUMBERLAND COUNT`( PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL • Court of Common Pleas ASSOCIATION • Plaintiff • Civil Division vs. CUMBERLAND County AARON C. DIRKS • No.: 13-5620-CIVIL Defendant ORDER AND NOW, this /Z day of fa", , 2014, upon consideration of Plaintiff s 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 $94,078.75 Interest Through March 12, 2014 $14,496.91 Late Charges $129.60 Legal fees $1,650.00 Cost of Suit and Title $676.30 Property Inspections $261.00 Appraisal/Brokers Price Opinion $345.80 Escrow Deficit $3,041.96 TOTAL $114,680.32 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. 02.14.1..€1_ BYT-ECOURT: ` /f � -4 J. J 796882 hF Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 'SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF,FICEOFME 614,-E RIFF fii_:J .1..,,-- , 1-i O , C;Yc Pt t lv 1 l JUL 1 0 AM 8. 26 CUMBERLAND COUNTY PENNSYLVANIA JPMorgan Chase Bank, N.A. vs. Aaron C Dirks Case Number 2013-5620 SHERIFF'S RETURN OF SERVICE 12/12/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Aaron C. Dirks, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 01/09/2014 12:12 PM - Deputy Ronald Hoover, 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 805 Allenview Drive, Upper Allen - Township, Mechanicsburg, PA 17055, Cumberland County. 01/30/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Andrea Dirks, Spouse who accepted for Aaron C. Dirks, at 344 South Lawrence Street, Middletown, PA 17057. So Answers: J. Straining, Deputy Sheriff. 03/12/2014 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 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 35,000.00 to Attorney Joseph Schalk, on behalf of , being the buyer in this execution, paid to the Sheriff the sum of $ 04/11/2014 Proposed Schedule Of Distribution Posted SHERIFF COST: $1,898.41 SO ANSWERS, May 01, 2014 RONR ANDERSON, SHERIFF ritySu,le Sheriff. Tehosoft, €rc. On December 11, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 805 Allenview Drive, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. 'OI 0- Date: December 11, 2013 By: Real Estate Coordinator LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-5620 Civil Term JPMorgan Chase Bank, N.A. vs. Aaron C. Dirks Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -5620 -CIVIL, JPMORGAN CHASE BANK, NATIONAL ASSOCIA- TION vs. AARON C. DIRKS, owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 805 ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6190. Parcel No. 42-28-2423-320. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $104,623.72. 27 r ++ 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: January 24, January 31, and February 7, 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. isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 20, 2014 The Patriotb: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 the PatriotNews 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. 2013-5620 Civil Term JPMorgan Chase Bank, N.A. Vs Aaron C Dirks Atty: Joseph Schalk By virtue of a Writ of Execution No. 13 -5620 -CIVIL JPMORGAN • CHASE BANK, NATIONAL ASSOCIATION v. AARON C. DIRKS owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 805ALLENVIEW DRIVE, MECHANICSBURG, PA 17055-6190 Parcel No. 42-28-2423-320 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $104,623.72 This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Sworn to and su •scribed before me this 1 day of February, 2014 A.D. Ilc COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission E fres Dec. 12 2016 MEMBER, PENNSYLVANIA ASSOCXATION 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 Federal Nat Mtg Assoc is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 5th day of December, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 5620, at the suit of JPMorgan Chase Bk N A against Aaron C Dirks is duly recorded as Instrument Number 201414929. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /0 I ') day of V (� , A.D. 0 I `7 I . w_e21.epufc Recorder of Deeds Recorder of Deeds, Cumberland County, Carisle, PA My Commission Expires the First Monday of Jan. 2018