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Home My WebLink About13-5702 l Supreme Court_of_Pennsylvania Cour ;of Common .Pleas Ij ,,� s� For Prothonotary Use Only: CiV>i G6ei, Sleet I �f 1•. •Jl/�'1 ss��..�� CUMBERLAND�`Y' County Docket No: The information collected on this form is used solely for court administration pui poses. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: PNC BANK, NATIONAL Lead Defendant's Name: JUDITH A. WEAVER T ASSOCIATION I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) 9 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes Z 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: U ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration $ ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ 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 (D F 7 H PR0THONO TAR ?0 13 OCT w-1 AM 10: :32 CUMBERLAND COUNTY PENNSYLVANIA 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.CantwelI@phelanhallinan.com 215 -563 -7000 PNC BANK, NATIONAL ASSOCIATION 3232 NEWIVIARK DRIVE COURT OF COMMON PLEAS MIAMISBURG, OH 45342 CIVIL DIVISION Plaintiff V. TERM JUDITH A. WEAVER NO. 9 HELLAM DRIVE MECHANICSBURG, PA 17055 -6130 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE tog. "1S(xl Qffl- File #: 803686 ct.# 1 3 ) 6 � puu Cob 1. Plaintiff is PNC BANK, NATIONAL ASSOCIATION 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 2. The name(s) and last known address(es) of the Defendant(s) are: JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055 -6130 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/26/2006 JUDITH A. WEAVER and SEIPOONG T. CHANG made, executed and delivered a mortgage upon the premises hereinafter described to PENNSYLVANIA STATE BANK, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1951, Page 3737. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. Said Mortgage was modified as set forth in the modification agreement recorded January 22, 2010, in Instrument No. 201001905. 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 05/01/2012 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 #: 803686 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 06/20/2013: Principal Balance $160,923.65 Interest $9,370.38 04/01/2012 to 06/20/2013 Late Charges $205.25 Property Inspections $90.00 Appraisal/Brokers Price Opinion $190.00 Escrow Deficit $3,185.74 TOTAL $173,965.02 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 #: 803686 9. SEIPOONG T. CHANG was a co- record owner of the mortgaged premises as a tenant by the entirety. By virtue of SEIPOONG T. CHANG's death on or about 09/13/2009, his ownership interest was automatically vested in the surviving tenant by the entirety. 10. Plaintiff hereby releases SEIPOONG T. CHANG, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $173,965.02, 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 #: 803686 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the westerly line, of Hellam Drive, the northerly line of Lot No. 5, Section A on the Plan hereinafter mentioned; thence along the latter line South 68 degrees 19 minutes West 159.69 feet to a point; thence by land now or late of Bowman, North 27 degrees 37 minutes West 90.47 feet to a point; thence by the southerly line of Lot No. 7, Section A on said Plan, North 68 degrees 15 minutes East 168.94 feet to a point on the westerly line of Hellam Drive; thence by the latter line South 21 degrees 45 minutes East 90 feet to the place of BEGINNING. BEING Lot No. 6, Section A on Plan No. 3 of Kimberly Meadows, said Plan being recorded in Plan Book 17, Page 24, Cumberland County Records. PROPERTY ADDRESS: 9 HELLAM DRIVE, MECHANICSBURG, PA 17055 -6130 PARCEL #42 -27- 1888 -083 File #: 803686 VERIFICATION Brittany Sloneker A uthorized ,hereby states that he /she is S igner of PNC MORTGAGE, A DIVISION OF PNC BANK, NA, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: �MW ZO i 6 w � of-\- Name Brittany Sloneker Title: Authorized Signer PNC MORTGAGE, A DIVISION OF PNC BANK, NA File #: 803686 Name: WEAVER File #: 803686 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 #: 803686 FORM 1 r IN THE COURT OF COMMON PLE,�§ f , PNC BANK, NATIONAL ASSOCIATION OF CUMBERLAND COUNTY, PENNSYLe4NIX Plaintiff( s) - a te ) r , t � v ' - 4 -rj VS. � f 1 CD JUDITH A. WEAVER V 76 ;,vil Defendant(s) -- C C) NOTICE OF RESIDENTIAL MORTGAGE FORECLOAFL) 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 3 0 2013 r Date Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/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: 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 41: Model: Year: Amount owed: Value: Automobile 42 : 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 2n Mortgage Utilities Car Payment(s) ) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff i-- t ��rXti ctaiurrt+cf�� -< tD c r-' Jody S Smith ,r „�� x� c�a•-r, Chief Deputy Richard W Stewart ' ' Solicitor 0M CE Or TV„SRERWr � r" PNC Bank National Association Case Number vs. Judith Ann Weaver 2013-5702 SHERIFF'S RETURN OF SERVICE 10/04/2013 07:40 PM -Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Judith Ann Weaver, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served" at 9 Hellam Drive, Upper Allen Township, Mechanicsburg, PA 17055. Defendant states she has filed bankruptcy Case# 1:12-bk-05829-MDF. Defendant also states she is moving to 505 Apt. 2 E. Elmwood Avenue, Mechanicsburg, PA in the next few weeks. SHERIFF COST: $39.30 SO ANSWERS, October 07, 2013 RON _ R ANDERSON, SHERIFF icj CoumySuite Sheriff,Teleosott,Inc. t p THE PROTHOINOTAW' *1 DEC -b AM ID: 5 8 PHELAN HALLINAN,LLP Meredith Wooters,Esq.,Id.No.307207 CUMBERLAND �� tNY 1617 JFK Boulevard,Suite 1400 �. A��l� One Penn Center Plaza Philadelphia,PA 19103 Meredith.Wooters@phelanhallinan.com 215-563-7000 PNC BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY JUDITH A.WEAVER No. 13-5702-CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELANHArLLIINAANN, LLP By: %Ami k Meredith Wooters, Esq., Id. No.307207 r Attorney for Plaintiff Date: d � I /nru, Svc Dept. File#803686 .3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ry -�1.� i . , �t",01 Cat#iih i Jody S Smith 4` a Chief Deputy Richard W Stewart B E Solicitor -, EP F ri PENNSYLVANIA PNC Bank National Association vs. Case Number Judith Ann Weaver 2013-5702 SHERIFF'S RETURN OF SERVICE 12/30/2013 05:35 PM- Deputy Shawn Harrison, being duly sworn according to law, serve. t - requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in 1,o r• ge Foreclosure by "personally" handing a true copy to a person representing themselves o .- le I efendant, to wit: Judith Ann Weaver at 505 E. Elmwood Avenue,Apt. 2, Upper Allen, Mechanic sb e PA 17055. r SH 4 ' 'ISON-, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, December 31, 2013 RONNY R ANDERSON, SHERIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 4 I 2011i APR 10 AH11: 11 CUM3c_RLAND COUNTY PE'NNSYLVANIA Attorney For Plaintiff PNC BANK, NATIONAL ASSOCIATION Plaintiff V. JUDITH A. WEAVER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-5702-CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK is the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby PNC BANK, NATIONAL ASSOCIATION is now known as PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK. Kindly amend the information on the docket according y. By: Mario J. yon, Esq., Id. No.2039 3 41,cisect 1(4001-08- 1,c9 'S1 PH # 803686 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff PNC BANK, NATIONAL ASSOCIATION Plaintiff V. JUDITH A. WEAVER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-5702-CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK. Date: PH # 803686 PHELAN HALLINAN, LLP By: Mario J. Hanyon, Esq., I.. No.203 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff PNC BANK, NATIONAL ASSOCIATION Plaintiff V. JUDITH A. WEAVER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 13-5702-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe for Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: JUDITH A. WEAVER 505 E ELM WOOD AVE, APT 2 MECHANICSBURG, PA 17055-4235 Date: PHELAN HALLINAN, LLP /(i, 1 io J. Hanyon, Esq., Id. No.2039 1-41— Attorney for Plaintiff By: Mar PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 126 Locust Street Harrisburg, PA 17101 215 -563 -7000 x 1360 CF THE 0 TIION3 21°3°22014 o AP 21 PI 2: 45 CJ'r'3L'ERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 Plaintiff v. JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055 -6130 Attorney for Plaintiff Court of Common Pleas Civil Division No. 13 -5702 -CIVIL Cumberland County Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, PNC Bank, National Association successor by merger to BLC Bank, National Association, successor by merger to Pennsylvania State Bank (hereinafter "Plaintiff'), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On October 1, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due May 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 December 30, 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 Sheriffs Return of Service 803686 is attached hereto, made part hereof and marked as Exhibit `B ". 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 Defendant 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, 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. Date: id/C(/ jy 803686 Respectfully submitted, PHELAN HA LINAN, LLP BY: D. Troy Sellars, Esquire Attorney for Plaintiff Exhibit "A" PHE LAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1480 One Penn Center Plaza Philadelphia, PA 19103 Melissa.Cantwell @phelanhal lin an.com 215 -56s -7000 PNC BANK, NATIONAL ASSOCIATION 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 =7 -fly tor- * om D ' C) ne g c=a <CD am —1. . W ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff C(kall v. TERM JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055 -6130 File #: 803686 Defendant CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE :. :0uuy certify Ow within to bo a We and OCIfIlidi copy 0f the original filed at record Mow Re Cop Obese Return PNC BANK, NATIONAL ASSOCIATION Plaintifi'(s) vs. JUDITI-IA. WEAVER Defendant(s) FORM I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. IS 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 he eligible for a conciliation conference, First, within twenty (20) days of your receipt of this notice, you must contact MidPelua Legal Services at (717) 243 -9400 extension 2510 or (800) 822.5288 extension 2510 and request appointment of a legal representative at no charge 10 you. Onccynu have been appointed.a legal representative, you must promptly meet with dent legal acprescmiitivc within twenty (20) days of the appointment dutc..Duriug that meeting, you most provide the legal representative wile all requested timincinl infomantion s'n that a loan resolution proposnl caaa be prepared on your hehli 11 you and your'legal Telaresc111riti'e Complete a financial worksheet in the Colloid attached hereto, the legal representative will prepare and a Request for Coneiliutian Conference with tile - Court, which nntst be filed with the Court within sixty (60) days of the service upon you of the foreolasiare complaint, ,Tf 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 fora conciliation conference, It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. I'lowcver, you must provide your lawyer with all requested financial information so that i hian resoliatinn proposal can be prepared on your behalf. If you and your lawyer cuntplele a financial worksheet In the fra,uat attached hereto,, your lawyer will prepare and file a Request for Conciliation Outran:nee with the Cotu3, which mist hn filed within.sixty (60) days of the service upon you of the foreclosure complaint. if yoal 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 WISII TO SAVE YOUR ROME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY TRIS NOTICE. THIS PROGRAM IS FREE. SEP i 7.013 na Respectfully submitted: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency, Please provide the following information to the best of your knowledge: orrower narne(s): _ Property Address: City: Stnie: Zip: is the property for sale? Yes D No I] Listing date: Price: $ Realtor Name: _ Realtor Phone:_ Borrower Occupied? Yes .0 No iJ Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: _ S Home: Office: Cell: Other: e: Zip: How long Home: Cell: State: Zip: Office: Other: # of people in household: How long? First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your O Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason for .Default: Included Taxes & Insurance; Is the loan in Bankruptcy? Yes El No El If yes, provide names, location of court, case number & attorney: Ass,ets_ Amount Owed: Value:, Home: Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Automobile #2: Model: Value: Amount owed: Value: Other transportation (autontobiles 'boats notpreyeles) 'Year: A inount owed: Value Year: Year: 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. amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you arc currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Morto le Food 2"i Mortgge Utilities Car Payment(s) Condo/Neigh. Fees Med. (not covered Auto Insurance Auto fuel/repairs Other prop. payment install. Loan Payment Cable TV Child Support/Alim, Spending Money Day/Child Caret ruit. _ Other Expenses ...._ Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes El No El If yes, please provide the following information: Counseling Agency: Phone (Office): Fax: Counselor: Email: e Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ [(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 negotial ions: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name) :___ Servicing Company (Name): Contact: Phone: Phone: 1 /Wei ,, 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. J/We understand that I /we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Co- Borrower Signature Date Dale Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 hank 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) 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. T[riS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER; THIS OFFICE MAY ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE[) FEE OR NO FEE. Fdc CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 :1 R071686 1, Plaintiff is PNC BANK, NATIONAL ASSOCIATION 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 2. The name(s) and last known address(es) of the Defendant(s) are: JUDITH A. WEAVER 9 HELL AM DRIVE . MECHANICSBURG, PA 17055 -6130 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described, On 04/26/2006 JUDITH A. WEAVER and SEIPOO'NCG T. CH.ANG made, executed and delivered a mortgage upon the premises hereinafter described to PENNSYLVANIA STATE BANK, which mortgage is recorded in the Office of the Recorder. of Deeds of CUMBERLAND County, in Mortgage Book 1951, Page 3737. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. Said Mortgage was modified as set forth in the modification agreement recorded January 22, 2010, in Instrument No. 201001905, The mortgage and assignmer>t(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 05 /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 If 803686 by written notice sent to Mortgagor, the entire principal ha|anoeundol(iutezemtdue thereon are collectible forthwith. 6. The following amounts are due on the mortgage Principal Balance Interest 04/01/2012 to 06/20/2013 Late Charges Property Inspections Appraisal/Brokers Price Opinion Escrow Deficit TOTAL as of 06/20/2013: $100.923.65 $9,370.38 $205.25 $90.00 $190.00 $3,185.74 7. Plaintiff is Lt seeking a judgment of personal liability (or uolDper000amjudgment) inst the in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists: Tf 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 6of|g74, Notice ufBomoownur'o Emergency Mortgage Assistance Program pursuant to Act 91 of (983, 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 DnD:odoni(n) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by thc Pennsylvania Housing Finance Agency. 9, SEIPOONG T. CHANG was a co- record owner of the mortgaged premises as a tenant by the entirety. By virtue of SEIPOONG T. CHANG's death on or about 09/13/2009, his ownership interest was automatically vested in the surviving tenant by the entirety. 10. Plaintiff hereby releases SEIPOONG T. CHANG, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $173,965.02, 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. PIiELAN HALLINAN, LLP By: - Melissa J. Cantwell, Esq.,14.,No.308912 Attorney for Plaintiff � c #: 803636 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point on the westerly line, of Hellam Drive, the northerly line of Lot No. 5, Section A on the Plan hereinafter mentioned; thence along the latter. line South 68 degrees I9 minutes West 159.69 feet to a point; thence by land now or late of Bowman, North 27 degrees 37 minutes West 90.47 feet to a point; thence by the southerly line of Lot No. 7, Section A on said Plan, North 68 degrees 15 minutes East 168.94 feet to a point on the westerly line of Hellam Drive; thence by the latter line South' 21 degrees 45 minutes East 90 feet to the place of BEGINNING. BEING Lot No. 6, Section A on Plan No. 3 of Kimberly Meadows, said Plan being recorded in Plan Book 17, Page 24, Cumberland County Records. PROPERTY ADDRESS: 9 HELLAM DRIVE, MECHANICSBURG, PA 17055 -6130 PARCEL #42- 27- 1888 -083 File 803686 Brittany Sloneker VERIFICATMN (y hereby states that he/she is Signer 1 PNC MORTGAGE, A DIVISION OF PNC BANK, NA, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that. the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DAITBi 1-einer 2j, 10 File*: 803686 Name: WEAVER 'Filc /I: 803686 Name: Brittany Sloneker Tide: Authorized Signer PNC MORTGAGE, A DIVISION OF PNC BANK, NA Exhibit "B" . Ronny R Anderson Sheriff �litiy ' mtth. Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY so of ana144 OFFICE OF THE SHERIFF PNC Bank National Association VS. Judith Ann Weaver Case Number 2013 -5702 SHERIFF'S RETURN OF SERVICE 12/30/2013 06 :35 PM = Deputy Shawn'Harrison, being duly sworn according to law, seiv Residential Mortgage Foreclosure Diversion Program and Complaint In "personally" handing a true copy to a person representing themselves • -- Upper n Ann Weaver at 505 °E. Elmwood Avanue, >Api. 2, U perAllen, Median SHERIFF COST: $39.30 requested Notice of Foreclosure by efendant, to wit: Judith 17055. r ISO• , DEPUTY SO ANSWERS, December 31, 2013 RON R ANDERSON, SHERIFF (c) CounrySWN SMnH, Taleoeort Inc. j • PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 • PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK 3232 NEWMARK DRIVE MIAMISBURG, OH 45342 Plaintiff V. JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055-6130 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 13-5702-CIVIL Cumberland County CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055-6130 JUDITH A. WEAVER 505 E ELM WOOD AVENUE, APT 2 UPPER ALLEN, MECHANICSBURG, PA 17055-4235 Date: 803686 By: D. Troy ars, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK 3232 NEWMARK DRIVE MIAMISBURG, 01-1 45342 Plaintiff v. JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055 -6130 Defendant AND NOW, this ORDER 2.1 day of +C/ Court of Common Pleas Civil Division No. 13 -5702 -CIVIL Cumberland County , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby . ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. CC: 803686 Judith A. Weaver D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff XELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 7CUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055-6130 DITH A. WEAVER 505 E ELMWOOD AVENUE, APT 2 UPPER ALLEN, MECHANICSBURG, PA 17055-4235, • ortes, Ptaitgt fa(1 803686 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 ? 14 12 Attorney for Plaintiff CUHBERLAND PENNSYLVANIA E NNS YLVV 10: 37 COU PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK vs. JUDITH A. WEAVER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 13 -5702 -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 JUDITH A. WEAVER, 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 $173,965.02 TOTAL $173,965.02 I hereby certify that (1) the Defendant's last known addresses are 505 EAST ELMWOOD AVENUE, APARTMENT 2, MECHANICSBURG, PA 17055-4235 and 9 HELLAM DRIVE, MECHANICSBURG, PA 17055-6130, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date in j// Adam H. Davis, Esq., Id. No.203034 Attorney Plain DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 803686 PROTHONOTARY aiu Sit" 51Pi 803686 CI� /'2f 1 12-4 367/SA . PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff PNC BANK, NATIONAL : CUMBERLAND COUNTY ASSOCIATION SUCCESSOR BY : COURT OF COMMON PLEAS MERGER TO BLC BANK, NATIONAL • ASSOCIATION, SUCCESSOR BY : CIVIL DIVISION MERGER TO PENNSYLVANIA STATE BANK : No. 13 -5702 -CIVIL vs. JUDITH A. WEAVER 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) JUDITH A. WEAVER is 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 JUDITH A. WEAVER is over 18 years of age and has last known addresses at 505 EAST ELMWOOD AVENUE, APARTMENT 2, MECHANICSBURG, PA 17055-4235 and 9 HELLAM DRIVE, MECHANICSBURG, PA 17055-6130. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ‘/(///, Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 803686 Department of Defense Manpower Data Center Results as of : Jun -11.2014 12:42:45 AM SCRA 3.0 Status Report Pursuant to Sery cernem3 Civil Relief Act. Last Name: CHANG First Name: SEIPOONG Middle Name: T Active Duty Status As Of: Jun -11-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA. • - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date 4 Left Active Duty Within 367 Das 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.thetActive, Dirty Status Date The Member or His/Her Unit Was Notified of a Puts e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA i - - .No NA y This response reflects whether the individual or his/her unit has received early notificationto report for active duty • Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Ju 1-2014 12:42:19 AM SCRA 3.0 Status Report Pursuant to Servicernemb s Civil Relief Act Last Name: WEAVER First Name: JUDITH Middle Name: A Active Duty Status As Of: Jun -11-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA . No '� 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 t. I NA This response reflects where Ih9 individual left active -duty status within 367 days preceding Ihe'AcWe Duty Status Date "l' 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/h/ er 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 Unifomled'Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK vs. JUDITH A. WEAVER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -5702 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on V! IP ) i If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 803686 PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff v. JUDITH A. WEAVER COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -5702 -CIVIL CUMBERLAND COUNTY Defendant(s) TO: JUDITH. A. WEAVER 505 EAST ELMWOOD AVENUE, APARTMENT 2 MECHANICSBURG, P 17055-42 5 DATE OF NOTICE: w" THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 803686 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ily M. Phelan; Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff v. JUDITH A. WEAVER Defendant(s) TO: JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055-6130/ DATE OF NOTICE: 1174 ` COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -5702 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 803686 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Emily M. `hela0, Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PNC Bank, National Association Successor by Merger to BLC Bank, National : COURT OF COMMON PLEAS Association, Successor by Merger to Pennsylvania State Bank Plaintiff CIVIL DIVISION V. NO.: 13 -5702 -CIVIL Judith A. Weaver Defendant(s) : CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $173,965.02 Interest from 06/13/2014 to Date of Sale ($28.60 per diem) TOTAL Note: Please attach description of property. PH # 803686 (re $4,976.40 $178,941.42 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff as-) 50LI //AP( ( 307 / -4 C.) C), LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the westerly line, of Hellam Drive, the northerly line of Lot No. 5, Section A on the Plan hereinafter mentioned; thence along the latter line South 68 degrees 19 minutes West 159.69 feet to a point; thence by land now or late of Bowman, North 27 degrees 37 minutes West 90.47 feet to a point; thence by the southerly line of Lot No. 7, Section A on said Plan, North 68 degrees 15 minutes East 168.94 feet to a point on the westerly line of Hellam Drive; thence by the latter line South 21 degrees 45 minutes East 90 feet to the place of BEGINNING. BEING Lot No. 6, Section A on Plan No. 3 of Kimberly Meadows, said Plan being recorded in Plan Book 17, Page 24, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Seipoong T. Chang and Judith A. Weaver, h/w, by Deed from Seipoong T. Chang, Adult individual, dated 04/26/2006, recorded 05/24/2006 in Book 274, Page 3432. Seipoong T. Chang departed this life on or about 9/13/2009, at which his ownership interest automatically vested in the surviving tenant by the entirety. PREMISES BEING: 9 Hellam Drive, Mechanicsburg, PA 17055-6130 PARCEL NO. 42-27-1888-083 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam,Davis@PhelanHallinan.com 215-563-7000 PNC Bank, National Association Successor National Association, Successor by Merger Bank Plaintiff V. Judith A. Weaver Defendant(s) Th:30, 8/4 ,flit: 12 ::c CONBERL AND COUNT PEP,INSYLVANIA Attorneys for Plaintiff by Merger to BLC Bank, : COURT OF COMMON PLEAS to Pennsylvania State : CIVIL DIVISION : NO.: 13 -5702 -CIVIL CERTIFICATION : Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PNC Bank, National Association Successor by Merger to BLC Bank, National Association, Successor by Merger to Pennsylvania State Bank Plaintiff v. Judith A. Weaver Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -5702 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association Successor by Merger to BLC Bank, National Association, Successor by Merger to Pennsylvania State Bank, 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 9 Hellam Drive, Mechanicsburg, PA 17055-6130. 1. Name and address of Owner(s) or reputed Owner(s): Name Judith A. Weaver 2. Name and address of Defendant(s) in the judgment: Name Judith A. Weaver Address (if address cannot be reasonably ascertained, please so indicate) 505 East Elmwood Avenue, Apartment 2 Mechanicsburg, PA 17055-4235 Address (if address cannot be reasonably ascertained, please so indicate) 505 East Elmwood Avenue, Apartment 2 Mechanicsburg, PA 17055-4235 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) Portfolio Recovery Associates, LLC 140 Corporate Boulevard Norfolk, VA 23502 Portfolio Recovery Associates, LLC 140 Corporate Boulevard C/0 Robert N. Polas, Jr., Esquire Norfolk, VA 23502 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Citifinancial, Inc. PO Box 17170 Baltimore, MD 21203 Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 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. PH # 803686 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 9 Hellam Drive Mechanicsburg, PA 17055-6130 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date ‘)/////c PH # 803686 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PNC Bank, National Association Successor by Merger to BLC : COURT OF COMMON PLEAS Bank, National Association, Successor by Merger to Pennsylvania State Bank : CIVIL DIVISION Judith A. Weaver vs. Plaintiff : NO.: 13 -5702 -CIVIL Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Judith A. Weaver 505 East Elmwood Avenue, Apartment 2 Mechanicsburg, PA 17055-4235 0+- c _ c) 7.4 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OIrTAINED 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 9 Hellam Drive, Mechanicsburg, PA 17055-6130 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $173,965.02 obtained by PNC Bank, National Association Successor by Merger to BLC Bank, National Association, Successor by Merger to Pennsylvania State Bank (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 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 -5702 -CIVIL PNC Bank, National Association Successor by Merger to BLC Bank, National Association, Successor by Merger to Pennsylvania State Bank V. Judith A. Weaver owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 9 Hellam Drive, Mechanicsburg, PA 17055-6130 Parcel No. 42-27-1888-083 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $173,965.02 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the westerly line, of Hellam Drive, the northerly line of Lot No. 5, Section A on the Plan hereinafter mentioned; thence along the latter line South 68 degrees 19 minutes West 159.69 feet to a point; thence by land now or late of Bowman, North 27 degrees 37 minutes West 90.47 feet to a point; thence by the southerly line of Lot No. 7, Section A on said Plan, North 68 degrees 15 minutes East 168.94 feet to a point on the westerly line of Hellam Drive; thence by the latter line South 21 degrees 45 minutes East 90 feet to the place of BEGINNING. BEING Lot No. 6, Section A on Plan No. 3 of Kimberly Meadows, said Plan being recorded in Plan Book 17, Page 24, Cumberland County Records. TITLE TO SAID PREMISES IS VESTED IN Seipoong T. Chang and Judith A. Weaver, h/w, by Deed from Seipoong T. Chang, Adult individual, dated 04/26/2006, recorded 05/24/2006 in Book 274, Page 3432. Seipoong T. Chang departed this life on or about 9/13/2009, at which his ownership interest automatically vested in the surviving tenant by the entirety. PREMISES BEING: 9 Hellam Drive, Mechanicsburg, PA 17055-6130 PARCEL NO. 42-27-1888-083 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net PNC Bank, National Association Successor by Merger to BLC Bank, National Association, Successor by Merger to Pennsylvania State Bank Vs. NO 13-5702 Civil Term CIVIL ACTION — LAW Judith A. Weaver WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $173,965.02 L.L.: $.50 Interest from 06/13/14 to date of sale ($28.60per diem) - $4976.40 Atty's Comm: Atty Paid: $248.60 Plaintiff Paid: Date: 06/12/14 (Seal ) REQUESTING PARTY: Name: Adam H. Davis, Esq. Address: Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 40303 ti Due Prothy: $2.25 Other Costs: David D. Buell, Prot onotary By: Deputy FILED-OrF');,F OF THE PRO TNONOTAR,t. Phelan Hallinan, LLP 2 II{ JUL I0 I 10: 26 Jonathan M. Etkowicz, Esq., Id. No.2087d0BERLAND COOANTTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 PNC BANK, NATIONAL ASSOCIATION Court of Common Pleas SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY Civil Division MERGER TO PENNSYLVANIA STATE BANK Plaintiff CUMBERLAND County v. No.: 13 -5702 -CIVIL JUDITH A. WEAVER 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 October 1, 2013. 2. Judgment was entered on June 12, 2014 in the amount of $173,965.02. 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. 803686 1 4. The Property is listed for Sheriffs Sale on December 3, 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 $160,923.65 Interest Through December 3, 2014 $16,268.68 Late Charges $205.25 Legal fees $2,500.00 Cost of Suit and Title $775.26 Appraisal/Brokers Price Opinion $190.00 Escrow to be Paid $2,942.69 Escrow $9,589.90 TOTAL $193,395.43 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 July 9, 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) is attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Lift Conciliation Stay dated April 24, 2014. 803686 2 WHEREFORE; Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 7/YV Phelan Hallinan, LLP Bv: 3 nath i M. Etkowicz, Esquire RNEY FOR PLAINTIFF 803686 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 ATTORNEY FOR PLAINTIFF PNC BANK, NATIONAL ASSOCIATION Court of Common Pleas SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY Civil Division MERGER TO PENNSYLVANIA STATE BANK Plaintiff CUMBERLAND County v. No.: 13 -5702 -CIVIL JUDITH A. WEAVER Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JUDITH A. WEAVER and SEIPOONG T. CHANG, deceased, 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 9 HELLAM DRIVE, MECHANICSBURG, PA 17055-6130. 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 803686 1 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff,has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give 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 803686 2 826 (l 939). 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. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to 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 803686 3 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in 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. 803686 4 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 Plaintiffs 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. 803686 5 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 Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 803686 6 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 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. 803686 7 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE --// q/i (/( By: Phelan Hallinan, LLP Jo A 8 n M. Etkowicz, Esquire ey for Plaintiff 803686 803686 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 OF THE Ai OTHOh'OThh•f 204 JUN 12 ate 10: aitorney for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONAL : CUMBERLAND COUNTY ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL : COURT OF COMMON PLEAS ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE : CIVIL DIVISION BANK A pro vs. EAU / JUDITH A. WEAVER PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES ldu TO THE PROTHONOTARY: AD®P R c1 FII L COPY Kindly enter judgment in favor of the Plaintiff and again''JUDITH A. WEAVER, 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 TOTAL nTf Ftt<� FILE COPY $173,965.02 $173,965.02 I hereby certify that (1) the Defendant's last known addresses are 505 EAST ELMWOOD AVENUE, APARTMENT 2, MECHANICSBURG, PA 17055-4235 and 9 HELLAM DRIVE, MECHANICSBURG, PA 17055-6130, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date in i tt a—H-,d�uow Adam H. Davis, Esq., Id. No.203034 Attorney for P1ai tiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PROTHONOTARY 803686 Exhibit "B" 803686 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 July 1, 2014 JUDITH A. WEAVER 505 EAST ELM WOOD AVENUE APARTMENT 2 MECHANICSBURG, PA 17055-4235 RE: PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK v. JUDITH A. WEAVER Premises Address: 9 HELLAM DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 13 -5702 -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 7/7/20] 4. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, . lease be guided accordingly, V,ty t 1y is. ttorrie Ei 7.,ticOWIC Eq., Id. No.208786 • for Plaintiff tre 803686 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 PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County v. No.: 13 -5702 -CIVIL JUDITH A. WEAVER 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. JUDITH A. WEAVER 505 EAST ELMWOOD AVENUE APARTMENT 2 MECHANICSBURG, PA 17055-4235 DATE: By: JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055-6130 Phelan Hallinan, LLP Jo A M. Etkowicz, Esquire EY FOR PLAINTIFF 803686 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff v. JUDITH A. WEAVER Defendant AND NOW, this / V s day of RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -5702 -CIVIL 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 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. 803686 Jonathan M. Etkowicz, Esq., ld. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 "TEL: (215) 563-7000 FAX: (215) 563-3459 ....../1UDITH A. WEAVER 505 EAST ELMWOOD AVENUE APARTMENT 2 MECHANICSBURG, PA 17055-4235 Co -pies /12.ilsek. fig/Pt ..LP) JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055-6130 803686 803686 AFFIDAVIT OF SERVICE PLAINTIFF PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BIC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK DEFENDANT JUDITH A. WEAVER SERVE JUDITH A. WEAVER AT: 505 EAST ELMWOOD AVENUE APARTMENT 2 MECHANICSBURG, PA 17055-4235 SERVED CUMBERLAND COUNTY PH # 803686 SERVICE TEAM/ Ixh COURT NO.: 13 -5702 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 Served and made known to JUDITH A. WEAVER, Defendant on the 3day of L. , 20 14 , at —03.. •. o'clock R. M., at SDS E. E/-MW.00 AvG, 41-2, in the manner described be ow: v Defendant personally served. MEC4f4$tc-Sadit4, PAS Adult fancily member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: } Description: Age (00 Height 5'6 Weight 14S Race lu Sex f" Other I Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff's 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: NAME: ott4A57 Ronald Moll PRINTED NAME: Proccss Server TITLE: NOT SERVED On the dayof 20_ at o'clock . M., I, , a competent adult hereby state that Defendnt 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 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 \b Pa. C.S. Sec. 4904 relating to unsworn Ct=2 'r; Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j onathan.etkowicz@phelanhallinan. 215-563-7000 OF TIWLPE:RPO-1911:ighSf-tA,11 .208786 2C/ll JUL 31 !! ORNEY CUMBERLAND COUNTY PENNS 1'LVANIA A corn PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff vs. JUDITH A. WEAVER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 14, 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. FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -5702 -CIVIL JUDITH A. WEAVER 505 EAST ELMWOOD AVENUE APARTMENT 2 MECHANICSBURG, PA 17055-4235 DATE: ! 5 D L By: JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055-6130 Phela r Hall a• , LLP Jonatha ¶ Etkowicz, Esq., Id. No.208786 Attorn-. r Plaintiff 803686 ui Phelan Hallinan, LLP " Jonathan M. Etkowicz, Esq., Id. No.208786 f j'; A F 7 -7A Q(RNY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ;r,ERL;,NJ C6i.;`iT Philadelphia, PA 19103 ENf SvLV: .NI % jonathan.etkowicz@phelanhallinan.com 215-563-7000 PNC BANK, NATIONAL ASSOCIATION : Court of Common Pleas SUCCESSOR BY MERGER TO BLC BANK, • NATIONAL ASSOCIATION, SUCCESSOR BY : Civil Division MERGER TO PENNSYLVANIA STATE BANK • Plaintiff : CUMBERLAND County vs. : No.: 13-5702-CIVIL JUDITH A. WEAVER Defendant MOTION TO MAKE RULE ABSOLUTE PNC BANK,NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, 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 July 10, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about July 14, 2014 directing the Defendant to show cause by August 3, 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 July 30, 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 August 3, 2014. 803686 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan . . 'nail, LLP DATE: --/6/(y By: A Jonatha ti. Etkowicz, Esq., Id.No.208786 Attorne .r Plaintiff 803686 3 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION • Court of Common Pleas SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY Civil Division MERGER TO PENNSYLVANIA STATE BANK Plaintiff CUMBERLAND County v, No.: 13-5702-CIVIL JUDITH A. WEAVER Defendant RULE AND NOW,this NIA, day of ac.,17( 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 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 r , 72: 803686 Exhibit "B" • 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 PNC BANK,NATIONAL ASSOCIATION Court of Common Pleas SUCCESSOR BY MERGER TO BLC BANK, . NATIONAL ASSOCIATION, SUCCESSOR BY Civil Division MERGER TO PENNSYLVANIA STATE BANK . Plaintiff CUMBERLAND County vs. . No.: 13-5702-CIVIL JUDITH A. WEAVER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 14,2014 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. JUDITH A. WEAVER JUDITH A. WEAVER 505 EAST ELMWOOD AVENUE 9 HELLAM DRIVE APARTMENT 2 MECHANICSBURG,PA 17055-6130 MECHANICSBURG,PA 17055-4235 Phela ri a LLP —3/ DATE: 31:0 ti By: Jonathai r. Etkowicz,Esq.,Id.No.208786 Attorn A, cr Plaintiff 803686 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 PNC BANK, NATIONAL ASSOCIATION : Court of Common Pleas SUCCESSOR BY MERGER TO BLC BANK, . NATIONAL ASSOCIATION, SUCCESSOR BY Civil Division MERGER TO PENNSYLVANIA STATE BANK . Plaintiff CUMBERLAND County • vs. : No.: 13-5702-CIVIL • JUDITH A. WEAVER 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. JUDITH A. WEAVER JUDITH A. WEAVER 505 EAST ELMWOOD AVENUE 9 HELLAM DRIVE APARTMENT 2 MECHANICSBURG, PA 17055-6130 MECHANICSBURG, PA 17055-4235 Phel. ,Ilinan, LLP DATE: 96/64 By: A A � Jonath. efEtkowicz, sq., Id.No.208786 Attorne Plaintiff 803686 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff vs. JUDITH A. WEAVER Defendant ORDER AND NOW, this jZ' day of 141.JK4' Court of Common Pleas Civil Division CUMBERLAND County C No.: 13 -5702 -CIVIL W z� cn r„1 n , 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 Plaintiff's Motion to Reassess Damages in the above captioned 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 $160,923.65 Interest Through December 3, 2014 $16,268.68 Late Charges $205.25 Legal fees $2,500.00 Cost of Suit and Title $775.26 Appraisal/Brokers Price Opinion $190.00 Escrow to be Paid $2,942.69 Escrow $9,589.90 TOTAL 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. $193,395.43 Car Cez elizpy BY THE COURT: il J. 803686 " _ ,-(--7; °@ f HE PRO f!' 0 - Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 AUG -ALstwoily FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff vs. JUDITH A. WEAVER Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -5702 -CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK, 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 July 10, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about July 14, 2014 directing the Defendant to show cause by August 3, 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 July 30, 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 August 3, 2014. 803686 2 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 nan, LLP Jonatha V. Etkowicz, Esq., Id. No.208786 Attorne i. r Plaintiff 3 803686 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONALASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NA'FIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANE. Plaintiff v. JUDITH A. WEAVER Defendant AND NOW, this iittk. day of J RULE • • Court of Common Pleas Civil Division CUMBERLAND County No.: I3 -5702 -CIVIL 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 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 tL riL .17.= 803686 Exhibit "B" 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 PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County vs. No.: 13 -5702 -CIVIL JUDITH A. WEAVER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 14, 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. JUDITH A. WEAVER 505 EAST ELMWOOD AVENUE APARTMENT 2 MECHANICSBURG, PA 17055-4235 DATE: —70 / By: JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055-6130 Phela is > LLP Jonalhai Aherne Etkowicz, Esq., Id. No.208786 r Plaintiff 803686 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 PNC BANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO PENNSYLVANIA STATE BANK Plaintiff vs. JUDITH A. WEAVER 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. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -5702 -CIVIL JUDITH A. WEAVER 505 EAST ELMWOOD AVENUE APARTMENT 2 MECHANICSBURG, PA 17055-4235 DATE: JUDITH A. WEAVER 9 HELLAM DRIVE MECHANICSBURG, PA 17055-6130 Phel By: Jonath Attorne llinan, LLP Etkowicz, sq., Id. No.208786 Plaintiff r 803686 r,r PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 _.Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION CUMBERLAND COUNTY SUCCESSOR BY MERGER TO BLC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO PENNSYLVANIA STATE BANK Plaintiff, : CIVIL DIVISION v. JUDITH A. WEAVER Defendant(s) No.: 13 -5702 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (F i an . or ified Mail Return Receipt stamped by the U.S. Postal Service i Date: s&c((i-te Paul r Attorney for No.318079 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. P1-1# 803686 PNC Bank, National Association Successor by Merger to Blc Bank, National Association, Successor by Merger to Pennsylvania State Bank Plaintiff V. Judith A. Weaver Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -5702 -CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association Successor by Merger to Blc Bank, National Association, Successor by Merger to Pennsylvania State Bank, 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 9 Hellam Drive, Mechanicsburg, PA 17055-6130. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Judith A. Weaver 505 East Elmwood Avenue, Apartment 2, Mechanicsburg, PA 17055-4235 2. Name and address of Defendant(s) in the judgment: Name Judith A. Weaver Address (if address cannot be reasonably ascertained, please so indicate) 505 East Elmwood Avenue, Apartment 2 Mechanicsburg, PA 17055-4235 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) Portfolio Recovery Associates, LLC Portfolio Recovery Associates, LLC CIO Robert N. Polas, Jr., Esquire Portfolio Recovery Associates, LLC C/O Robert N. Polas, Jr., Esquire 140 Corporate Boulevard Norfolk, VA 23502 140 Corporate Boulevard Norfolk, VA 23502 120 Corporate Blvd Norfolk, VA 23502 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Citifinancial, Inc. PO Box 17170 Baltimore, MD 21203 Citifinancial, Inc. PH # 803686 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 ear 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 None. Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 9 Hellam Drive Mechanicsburg, PA 17055-6130 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false s herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsi PH # 803686 Phe . linan, LLP Paul Cr: an, Esq., Id. No.318079 Attorney °•r Plaintiff PHELAN ALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Phelan Hallinan, LLP Address1617 Of Sender JFK Boulevard, Suite 1400 1.11P One Penn Center Plaza Philadelphia, PA 19103 AZK/CET -12/03/2014 SALE tr 14 VJ "«.► Y^ '..,;ylyif+ ,' \� 1 t1 •» , I p to 1 NI ti : br '.. Line Article Number Name of Addressee, Street, and Post OMee Address Postage 1 •••e TENANT/OCCUPANT 9 HELLAM DRIVE MECHANICSBURG, PA 170556130 90.47 2 ••^ Cltlnnandal, Inc. POBOX 17170 BALTIMORE, MD 21203 50.47 "•' CIiinnanciot, Inc. 6520 CARLISLE PIKE SUITE 155 MECHANICSBURG. PA 17055 $0.47 4 •see Commonwealth of Pennsylvania Bureau of Individual Tams Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 50.47 5 ••e• Deparlmenl of Public Welfare, TPI. Campy Volt, Estate Recovery Program P.O. Box 8486 Oak Building7105 Harrisburg, PA 17105 Harrisburg, 50.47 � . P 7 ,e,.\ 6 tees Portfolio Recovery Associates, ULC 140 CORPORATE BOULEVARD NORFOLK, VA 23502 1.tq f471j.til^` 7 •••• Portfolio Recovery Aszodates, LLC C/O Robert N, Pols, Jr., Esquire 140 CORPORATE BOULEVARD NORFOLK, VA 23502 50.47 ..... 8 '"• •••• Domestic Relations of Cumberland County 13 North Honorer Street Carlisle, PA 17013 50.47 9 Commonwealth of Pennsylvania Department of Wdtare P.O. Boa 2675 Harrisburg, PA 17105 50.47 10 •••e sees Infernal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 50.47 11 US. Department of Juxdce U.S. Attorney for The Middle District of PA Federal Brdlding 228 Walnut Slreet, Suite 220 PO Box 11754 Harrisburg, PA 17108.1754 50.47 RE: JUDITH A. WEAVER (CUMBERLAND) PH ft 803686/1021 Page 1 of 1 Writ Team $5.17 "s*1 Thal ,umber of Pieces lined by Sender Form IA77 For••:..aae Taal Number of Piero Received at Pmt Office Pmtoustor. Po (Noce of Receiving Employee) indemnit hk The full declaration of value 6 required on oil domestic and imcmational resist red mail. The mn,imum per fm the reconstruction of nenneaoliabk dneuntentr under Etpress Mail document rornnstructhn Insurance Is 5541.1100per l p Mem subject to a limit of 5500.000 pu recurrence. The maximum bdemnily payable no Capri. Mail oerchnndia is $310L The m]trmum Indemnity payable it 523AOf1 for icebound null tem withopf Tonal Utterance. See Domenic Moil Manual R900 5913 and 5921 fm limitations of macro Name and Address. Of Sender Phelan Nallinan, LLP Milk 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 Line Article Nuniber Name of Addressee, Street, and Post Office Address Postage,/," 1 **** Portfolio Recovery Associates, LLC C/O Robert,N. Polas, Jr., Esquire 120 CORPORATE BLVD?` NORFOLK, VA 23502 50.48'Cr4 w RE: JUDITH A. WEAVER (CUMBERLAND) PH # 803686/1026 Page 1 of 1 45 Day SO.f , \\fir Total Number of Pieces Used by Sender Total Number of Piero Received at Post Office Postmaster, Pe, (Name of - Recusing Employee) The full declaration of value is required on all domestic and intonational registered mail. ThZSO for the reconstmetioo of aormegotisble deauoents under Express WI document reconstruelictf: p ct sobjeet to limit of$S00,000 per occurrence. The maximum indemnity Payable on Exptes Themaxlmnm'indemnitypsysbte is S25,000 faregissacd marl, sent with optional tnsuancc 9 8900 5913 and 5921 for limitation of. coverage. orm 3877 Facsimile PH # 803686