HomeMy WebLinkAbout13-5761 Supreme Couvt:of Pennsylvania
Cour' Co C ;pPleas
�A For Prothonotary Use.Only:
h'eet
CUt County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
s S Commencement of Action:
O Complaint 0 Writ of Summons 0 Petition
1 E 0 Transfer from Another Jurisdiction 0 Declaration of Taking
C Lead Plaintiff's Name: JPMORGAN CHASE BANK, Lead Defendant's Name: RYAN M. ZIMMERMAN A/K/A
NATIONAL ASSOCIATION RYAN ZIMMERMAN
{ I Are money damages requested? El � No Dollar Amount Requested: El within arbitration limits
U (Check one) 21 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes 0 No
}
A Name of Plaintiff/Appellant's Attorney: John Michael Kolesnik, Esq., Id. No.308877, Phelan Hallinan, LLP
El Check here if you have no attorney (are a Self- Represented [Pro Sej Litigant)
Nature of the Place an "X" to the left of the ONE case category that most accurately describes your
Case PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
} TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
j 0 Intentional 0 Buyer Plaintiff Administrative Agencies
} 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
I 0 Nuisance O Dept. of Transportation
0 Premises Liability 0 Statutory Appeal: Other
0 Product Liability (does not
S include mass tort) 0 Employment Dispute:
0 slander/Libel/ Defamation Discrimination
1 E 0 Other: O Employment Dispute: Other 0 Zoning Board
C 0 Other:
I
O MASS TORT D Other:
( 0 Asbestos
N 0 Tobacco
0 Toxic Tort - DES
�. 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration
$ 0 Other: 0 Eminent Domain/Condemnation O Declaratory Judgment
0 Ground Rent 0 Mandamus
❑ Landlord/Tenant Dispute 0 Non- Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
! 0 Quiet Title 0 Other:
} 0 Legal 0 Other:
(. 0 Medical
ff 0 Other Professional:
1
t
Pa.R.C.P. 205.5 Updated 01101/2011
1 0
O A T"
PEN
PHELAN HALLINAN, LLP
John Michael Kolesnik, Esq., Id. No.308877
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia, PA 19103
John.Kolesnik@phelanhallinan.com
215 -563 -7000
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION COURT OF COMMON PLEAS
1111 POLARIS PARKWAY
COLUMBUS, OH 43240 CIVIL DIVISION
Plaintiff TERM /
v. NO.
RYAN M. ZIMMERMAN AWA RYAN
ZIMMERMAN CUMBERLAND COUNTY
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857 -1344
MEGAN A. DAUBERMAN AWA MEGAN
DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857 -1344
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
dg
File #: 931133
a vl�`-(J
1. Plaintiff is
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
1111 POLARIS PARKWAY
COLUMBUS, OH 43240
2. The name(s) and last known address(es) of the Defendant(s) are:
RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857 -1344
MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857 -1344
who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 08/31/2009 RYAN M. ZIMMERMAN and MEGAN A. DAUBERMAN made,
executed and delivered a mortgage upon the premises hereinafter described to
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR
METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., which mortgage
is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in
Mortgage Instrument No. 200931322. By Assignment of Mortgage recorded 06/28/2013
the mortgage was assigned to JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, which Assignment is recorded in Assignment of Mortgage Instrument
No. 201321376.The mortgage and assignment(s), if any, are matters of public record and
are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule
relieves JPMORGAN CHASE BANK, NATIONAL ASSOCIATION from its obligations
to attach documents to pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
File #: 931133
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 02/01/2013 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
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 09/17/2013:
Principal Balance $130,874.83
Interest from $4,798.72
01/01/2013 through 08/31/2013
Late Charges $215.39
Property Inspections $28.00
Escrow Advance $1,976.24
TOTAL $137,893.18
7. Plaintiff is not seeking a judgment of personal liability (or an in nersonam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. The mortgage premises are vacant and abandoned
9. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured.
File #: 931133
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$137,8:93.18, 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
Brctt omely 4;17
hael Koles nilk, Esq., Id. No.308877
for Plaintiff
File #: 931 133
L
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Shiremanstown,
Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point which is the southwest corner of Lot 3B on the hereinafter mentioned
Plan of Lots which point is also on the dividing line between Lots 3A and 3B on said Plan;
thence along said dividing line North eleven (11) degrees twenty -six (26) minutes West sixty -
two and sixty -seven hundredths (62.67) feet to a point at the dividing line between the within
described Lot and certain common areas shown on said Plan; thence along said last mentioned
dividing line North seventy -eight (78) degrees thirty -four (34) minutes East eighteen and thirty
hundredths (18.30) feet to a point at the dividing line between Lots 3B and 3C on said Plan;
thence along said last mentioned dividing line South eleven (11) degrees twenty -six (26) minutes
East sixty -two and sixty -seven hundredths (62.67) feet to a point at the dividing line between the
within described Lots and certain other common area as shown on said Plan; thence along said
last mentioned dividing line South seventy -eight (78) degrees thirty-four (34) minutes West
eighteen and thirty hundredths (18.30) feet to a point the Place of BEGINNING.
BEING Lot No. 3B on the Plan of Section 1 of Shireman Gardens, which Plan is recorded in the
Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, Page 141.
HAVING thereon erected a townhouse known and numbered as 153 W. Vine Street.
PROPERTY ADDRESS: 153 WEST VINE STREET, SHIREMANSTOWN, PA 17011-
6347
PARCEL #37- 23- 0557 -168J
File #: 931133
a
t
Pennsylvania Verification
Brian P. Arrington , hereby states that e/ he is Vice President of
JPMorgan Chase Bank, N.A. the Plaintiff
in this matter, and is authorized to make this Verification. The statements of fact
contained in the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of my information, and belief. I understand that this statement
is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to Wthorities.
b 'nzon
President
Date: 09/25/13
JPMorgan Chase Bank, N.A
Borrower: RYAN M ZIMMERMAN & MEGAN A DAUBERMAN
Property Address: 153 W VINE STREET, SHIREMANSTOWN PA 17011
County: CUMBERLAND
Last Four of Loan Number: 9111
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 YOUCANNOT 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 #: 931133
JPMORGAN CHASE BANK NATIONAL IN THE COURT OF COMMON
ASSOCIATION PLEAS
OF CUMBERLAND COUNTY,
Plaintiff(s) PENNSTLVANIA
vs.
ZIMMERMAN, RYAN M
DAUBERMAN, MEGAN A. l
Defendant(s) . J Civil
NOTICE OF RESIDENTIAL MORTGAGE
FORECLOSURE DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you
may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter
with your lender.
If you do not have an attorney, 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 not charge to you. Once you have been appointed a legal
representative, you must promptly meet with the legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all the 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 file 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 attempt to work out a 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 the 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 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
our reasonable arrangements 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:
I V / C: w1 i
-w
Date J M. Kolesnik, Esq., Id No. 30b�
Signature of Counsel for Plaintiltr "' µ
t " -;z C7
C7 p
p :z
D c Cw
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please 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
Please provide the following information to the best of your knowledge:
CUSTOM FR/PRIMARY 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?
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 #I: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 "d Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel /repairs Other prop. payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day /Child Care /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
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 you know, regarding your lender or 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 services provided by the above
named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this page along with the following information to lender:
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 NORTHUMBERLAND COUNTY
Chad A Reiner Tony Matulewicz, Esq
Sheriff Solicitor
Randy Coed
Chief Deputy Z
JP MORGAN CHASE BANK, NATIONAL ASSOCIATION
Case Number
vs.
RYAN M ZIMMERMAN (et al.)
SHERIFF'S RETURN OF SERVICE
10000009:30 AM-SHERIFF CHAD A REINER, BEING DULY SWORN ACCORDING TO LAW, STATES HE
MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WI
OWMMRVWP,tUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF
THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE
X09:30 AM- DEPUTY JAMES A. SOUDER ll, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM
AND NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE(CIMF) BY I
HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT,
SHERIFF COST: $41.52 SO ANSWERS,
October 17, 2013 CHAD A REINER, SHERIFF
co
C_
Sworn to and subscribed before
me this 17�h day of 661
A.D. 2 1 kg
PROTHONOTARY
My Comm. Exp. 1st Mon. Jan. 2014
PHELAN HALLINAN,LLP ? !<a ' F '
Adam H.Davis,Esq.,Id.No.203034 CUtISERL AN C®U T
1617 JFK Boulevard,Suite 1400 PEt1N Y�.yVA IA
One Penn Center Plaza
Philadelphia,PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS
ASSOCIATION
Plaintiff CIVIL DIVISION
vs. CUMBERLAND COUNTY
RYAN M. ZIMMERMAN A/K/A RYAN No. 13-5761 CIVIL
ZIMMERMAN
MEGAN A. DAUBERMAN A/K/A MEGAN
DAUBERMAN ;
Defendants
PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above
captioned matter.
PHELAN HALLINAN,LLP
By:
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Date: V
/nru, Svc Dept.
File#931133
00j
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson L•
Sheriff _J .1. ,.
t��„tr et Czklutrt"4,4
Jody S Smith .,
i 1 M i \.
Chief Deputy � '
mrx
Richard W Stewart ;.II 3Ei\LA Ll i- ),',1 e }'
Solicitor ,Fr 't,-= ERi1-c PENNS",'3.VAiiiirk
JPMorgan Chase Bank, N.A.
vs. Case Number
Ryan M. Zimmerman (et al.) 2013-5761
SHERIFF'S RETURN OF SERVICE
11/20/2013 05:36 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Stephen Zimmerman, who accepted as"Adult
Person in Charge”for Ryan M. Zimmerman at 15 Wayne Road, Lower Allen, Camp Hill, PA 17011.
N 14,(1_,_ - iq,
JASON KIER,
DEPUTY
SHERIFF COST: $44.95 SO ANSWERS,
January 06, 2014 RONNY R ANDERSON, SHERIFF
s
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith y�i�tr ,t t°a fxer{r`�k L i i t1 j:;,:<, —9 "
Chief Deputy 1;
Richard W Stewart 'R f°�-;1.IL,a :.
Solicitor c w f °�` J �?'
JPMorgan Chase Bank, N.A.
vs. Case Number
Ryan M. Zimmerman (et al.) 2013-5761
SHERIFF'S RETURN OF SERVICE
10/07/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Ryan M. Zimmerman, but was unable to locate the Defendant in
the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Northumberland, Pennsylvania to
serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure according to law.
10/07/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Megan A Dauberman, but was unable to locate the Defendant in
the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Northumberland, Pennsylvania to
serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure according to law.
10/08/2013 10:49 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Ryan M. Zimmerman, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 153
West Vine Street, Shiremanstown Borough, Shiremanstown, PA 17011. Residence is vacant.
10/08/2013 10:49 AM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Megan A Dauberman, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 153
West Vine Street, Shiremanstown Borough, Shiremanstown, PA 17011. Residence is vacant.
10/10/2013 09:30 AM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint
in Mortgage Foreclosure served by the Sheriff of Northumberland County upon Megan A Dauberman,
personally, at 1033 Queen Street, Northumberland, PA 17857. Chad A. Reiner, Sheriff, Return of Service
attached to and made part of the within record.
01/06/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure returned by the Sheriff of Northumberland County, the within named Defendant
Ryan M. Zimmerman, not found. Chad A. Reiner, Sheriff, Return of Service attached to and made part of
the within record.
SHERIFF COST: $89.95 SO ANSWERS,
January 06, 2014 RONNY R ANDERSON, SHERIFF
t u, y:3ii Yi^nfL TF Esc,'laic.
01/06/2014 15:52 NORTHUMBERLAND CTY SHERIFFS OFFI (FAX)5709884496 P.001/001
SHERIFF'S OFFICE OF NORTHUMBERLAND COUNTY
•
Chad A Reiner -- ' • Tony Matulewicz, Esq
Sheriff Solicitor
ett
Randy Coe
Chief Deputy .„ .
JP MORGAN CHASE BANK, NATIONAL ASSOCIATION Case Number
RYAN M ZIMMERMAN (et al.)
13 CV 5761
SHERIFF'S RETURN OF SERVICE
10/10/2013 09:30 AM-SHERIFF CHAD A REINER, BEING DULY SWORN ACCORDING TO LAW, STATES HE
MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: RYAN M
ZIMMERMAN, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK.THE SHERIFF
THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE
(CIMF)AS"NOT FOUND"AT 1033 QUEEN STREET, NORTHUMBERLAND, PA 17857.
NOTE:AS PER MEGAN THE DEFENDANT RYAN ZIMMERMAN LIVES AT 15 WAYNE ROAD, CAMP
HILL, PA
10/10/2013 09:30 AM-DEPUTY JAMES A. SOUDER II, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM
AND NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE(CIMF) BY"PERSONALLY"
HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT,
TO WIT: MEGAN A DAUBERMAN AT 1033 QUEEN STREET, NORTHUMBERLAND, PA 17857.
SHERIFF COST: $41.52 SO ANSWERS,
C7.-#144)....44.11.11;vkait'
October 17, 2013 CHAD A REINER, SHERIFF
(I C«mtySuiU S,w'l,1 oteoaotl.Inc.
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 1360
JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas
ASSOCIATION
1033 QUEEN STREET Civil Division
NORTHUMBERLAND, PA 17857-1344
No. 13-5761-CIVIL .
Plaintiff
v. Cumberland County
RYAN M. ZIMMERMAN A/K/A RYAN
ZIMMERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
MEGAN A. DAUBERMAN A/K/A MEGAN
rri
DAUBERMAN co
1033 QUEEN STREET v`3 ";
. u
NORTHUMBERLAND, PA 17857-1344 - ,
Defendants
MOTION TO LIFT CONCILIATION STAY
Plaintiff, JPMorgan Chase Bank, National Association, (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 4, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendants for their failure to make monthly payments of principal and interest upon their
mortgage due February 1, 2013, 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 November 20, 2013, Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion
Program Notice upon the Defendants. True and correct copies of the Sheriff's Returns of
931133
•
Service are attached hereto, made parts 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 Defendants may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendants must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendants have 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. Defendants failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Since Defendants have 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.
Respectfully submitted,
PHELAN HA LINAN, LLP
Date: 02 kc-1/y BY: 0,4A_ -
D. Troykgellars, Esquire
Attorney for Plaintiff
931133
Exhibit "A"
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PHELAN HALLINAN,LLP
John Michael Kolesnilc,Esq.,Id.No.308877
1617 TM(Boulevard,Suite 1400
One Penn Center Plana ATTORNEY FOR PLAINTIFF
Philadelphia,PA 19103
John.Kolesnik@phelanhallinan.com
215-563-7000
JPMORGAN CHASE BANK,NATIONAL
ASSOCIATION COURT OF COMMON PLEAS
1111 POLARIS PARKWAY
COLUMBUS,OH 43240 CIVIL DIVISION
Plaintiff TERM
aut.i
NO. ) 5- 5-1(42.1
,
RYAN M.ZIMMERMAN A/K/A RYAN
ZIMMERMAN CUMBERLAND COUNTY
1033 QUEEN STREET
NORTHUMBERLAND,PA 17857-1344
MEGAN A.DAUBERMAN A/K/A MEGAN
DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND,PA 17857-1344
Defendants
CIVIL ACTION-LAW
COMPLAINT IN MORTGAGE FORECLOSURE
Wt ierti«.y twit;
within to be a true and
File N; 931133 TOR nit:�� PLE COP(' C01TeCt
copy of the
r
•~^°~~ ~_~_ ~~,°�.__ ~-°_��~.^ ~~____~—_�_-_____'
NOTICE
You have been sued in Court. If you wish to de.0nd against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
mm served by entering a written appearance per onoUy orbv attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You arc warned that if
you fail to do so, the case may proceed without you, and a judgment may he entered against you
hy the Court without further notice for any money claimed in the Complaint or for any other
claim 01' relief requested by the plaintiff. You may lose money or property or other rights
important (o }ou,
YOU SHOIJI 1) TAKE I'lI{S PAPER TO YOUR LAWYER AT ONCE, IF YOU 1)0
N01'HAVE Al.AVVYER, GOT0OR7F,{.[P|{0NB THE OFFICE SET |/0Kl'l[BIJ.0VV.
1 H|8 OFFICE CAN PROVIDE YOU VV|'[HlN[U0VA7)ON ABOUT HIRING /\ LAWYER.
11' Y(M CANNOT AFFORD TO r lIRE A LAWYER, THIS OFFICE MAYBE ABLE
TO PROVIDE Y0() \V\TB [NYORMAT|ON ADVTr[ AGENCIES 1BAT MAY OFFER
l.EGA]. SERVICES 'TO El.[0BLE PERSONS 6'[ARE]X/CET) FEE OR Nt) FEE,
CU#B[nu'^ND COUNTY ATT0BmLY
KSFEKRAl,
C(/MxCkLANDC0UN'[Y BAR ASSOCIATION
CiKi}Fki.&ND COUNTY['0UK]'lfOU38
Zl]I3OVTvAnEWUr,
CARLISLE,PA 17013
(717)249-3166
(800)-990-9108
,.uxmox
: . . , -• , -
•
1 Plaintiff is
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
I I 11 POLARIS PARKWAY
C01„,UMBI.I5, OH 4324G
The naine(s) and last known address(es) or the 1)efendant(s) are:
RYAN M. ZIMMERMAN A/K/A RYAN ZINIMERMAN
1033 QUEEN STREEr
NORTHUMBERLAND, PA 17857-1344
MEGAN A, DAIIBERMAN A/K/A MEGAN 1-)ALIBERNIAN
I 033 QUEEN S FREE f
NORTHUMBITUAND., PA 17857-1344
who islarc the mortgagorts) aridior real owner(s) of the property hereinafter described.
On 08/31/2009 RYAN M. ZIMMERMAN and MEGAN A. DA()BERM AN made,
executed and delivered a mortgaL,ic upon the premises her-cif-la:flier described to
MORTGAGE El,ECTRONIC, REGISTRATION SYSTEMS, INC. AS NOMINEE FOR
METLIFF HOME LOANS, A DIVISION 01' METL1FE BANK, N.A., which mortgage
is recorded in the Otlice cif the Recorder of Deeds of Cl, ME!'RI County, in
Mortgage linctrament No 200931322. 11y Assignment of Mortgqc recorded 062.812013
the mortgage ' a igrci to JPMORGAN CI AS I. BANK,NA'ERINA.1,
ASSOCIATION , which Assignment is recorded in Assignment or Mortgage Instrument
No 201)2.137(01e mortgage and assignment(s), if any, are matters of public record and
arc incorporated herein by reference in accordance with Pii,R.C.P. 1019(g); which Rule
relieves JPMC1RGAN CHASE BANK,NATIONAI, ASSOCIATION fr0111
to attach documents to pleadings if those documents are of public record.
4 Vie prcrni,Liei; st.4ect to said mortgage is described as attached.
Inong4>c is in default because monthly payments of principal and interest upon said
mortgage due 02/01/2013 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
h. The following amounts are due on the mortgage as or 09/17/2013:
Principal balance $130,874.83
Intcrest. front $4,798,72
01/01/2013 through 08/31/2013
1.ate Charges $215.39
Property Inspections $28.00
Lscrow Advance $1,976.24
$137,893.18
nih rI k not seeking a judgment of personal liability (or an in personain judgment)
nsl the Derendant(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
Irani pursuant to l'oniv-;ylvanH Law.
"The mortgage prcmises ate vacant and abandoned.
9 11Ms iiction does not come tinder Act 91 of 1983 because the mortgage is FIJA-insured
riL 9TJJJ
WHI.TEFORE,Plaintiff demands an in rein judgment against the Defendant(s) in the sum of
$137,893.18, 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
/
Hy: /
J.,!)1-1K ichael Kolesnik, Esq., Id, No.308877
4'k/homey for Plaintiff
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Shiremanstown,
Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit.
BF(11NN[NO at a point which is the southwest corner of Lot 3B on the hereinaller mentioned
Plan of Lois winch point is also on the dividing line between Lots 3A and 3B on said Plan;
thence along said dividing line North eleven (11) degrees twenty-six (26) minutes West sixty-
two and sixty-so/en hundredths (62.671 feet to a point at the dividing line between the within
described Lot and certain commcni areas shown on said Plan:, thence along said last mentioned
(Evicting line North eventy-cigh( (78) degrees thirty-four (34) minutes Fast eighteen and thirty
hundredths (18.30) feet to a point at the dividing line between Lots 3B and 3C on said Plan:
thence alorw; said last mentioned dividing line South eleven (11) degrees twenty-six (26) minutes
Fast sixty-two and sixty-seven hundredths (62.67) feet to a point at the dividing line between the
within desor bed I,ots and certaillorner common area as shown on said Han; thence along said
last rnenti(tned dividing line South seventy-eight (78) degrees thirty-lour (341minutes West
eighteen and thirty hundredths (18.30) feet to a point the Place of BEGINNINO
BkINt; I;ot No 313 en the Plat' or Section 1 of Shit eman Gardens, which Plan is recorded in the
Office of the Recorder of I)eed i and let Cumberland County in Plan [look 26: Page 141.
11A VINO thereon erected a townhouse known and nimthered as 153 W. Vine ,;(reet.
PROPERTY ADDRESS: 153 WEST VINE STREET, SHIREMANSTOWN, PA 17011-
6347
PA RCEL #37-23-0557-168J
D)MORGAN CHA8D8&NK. NATIONAL. |M'NW C0 OF CON/IN-10N
ASSOCIATION PLEAS
0[ CUNIDEgL&NnC8UNlT.
PFNNSlIV^N|A
}i�iori��)
vs.
ZlMMCRMAN, RYAN n
Lp.|Ni8��N ^4C0A N A
Civi!
NOTICE T����� � ��
^, ^^ " "^~"� OF "���,�^"^"~^ ` " "�^�� MORTGAGE
^"'^��"^
FOREK-8OS8lIZEDIV|�l������� l�l�����l� ���
DIVERSION�� PROGRAM
�
You nave been served with o foreclosure conipia1ni that eon Id cmmeyu"to lose your home
If you own and h," in the eesulenl iI property'which .s tie aubjct 0! th is foreclosure action,you
nay ho oh Ic to parec I pate in a court supervised citneil ation con feretice ri on eifrt to resolve this mattel'
with y"y,lender
Drvud" no, x"r"^o *.om,y. yvomvxtmkpmemU"viogmqwmo,digihkk/ro
conciliation conference. First, within tvenry(20)days ot yotti receipt o[thouuti:e,yvomuucontact
NidPcmn Legal Services ut(?l?)Z,1}';4uo extension Z]|0or(S0o)x2%'52VV extension 2J|O and request
apponittnern or a legal representative riot charge to you. Onec you have been apponiteri a legal
rLpi 0Cti0iti\C, YOU 011151 promptly meet with the legal representative within N./only (20)days(jibe
oppomu`oo|Jxm. During that noel rip yell oiust provide the legal re reontative with ad P|o requested
financial information that ^ loan nudu,mo proposal u^xb,prepared on your behalf. If you and your
Icgal representative complete a financial worksheet in the f01111a: allaChLtd heMO, CUL: legal representative
will prepare and file x Krqurn for Covd|kxim.Conference with the Court, which must be filed with the
Coot is Ohio Ixto itai i days ni the sci see upon'son of the lorcelosLiro conipluint If viii lu so and a
conciliation conference IS scheduled, you will have an opportunity to meet with a representative of your
i�nJniv
inlet-opt .o\\vrt out ^ reasonable arrangements will: 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 ii conciliation conference, it is riot necessary fu,yovmo,utou midPmo Legal Service fur
the appointment of legal representative. However,you inust provide your lawyer with all the requested
D^xo;in| information so that loan resolution proposal ea^ho prepared on your behalf, /[you and your
lawyer complete.u financial worksheet mm the tormoal attached hereto,your lawyer will pi epare amid die a
Request for Conciliation Conference with tie Court, which must be tiled with die Court within axy(6o)
days of the service upon you of Me foreclosure complaint.Ilyon do so and a conciliation conference is
scheduled, you will hove oppoitunity meet with a representative of your lender in an attempt to work
oUl ru,isit'ibls unnoeruieiil with your louder before tie rmlortgage loroclosure suit proceeds tiurwud.
V' Or v'wy n'mE, rwu /vnyT ACT V:ICwLr AND TAKr Txc
urQ(|Vu, x, THIS N(11 ICE. THIS rooU:xn IS FREE,
*b^ioco
Uu| • John K1, Knlom/ik, Lsg, Id No. 308877
/ Signature, Of Counsel for M*io|i[[
•
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please 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
Please provide the following information to the best of your knowledge:
,,„(11STOMEIVPIUNIARY:AP,PLICANT -
Borrower name(s):
Property Address:
City: State:,
Is the property for sale? Yes l No I I Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes Li No
Aiildresi, (if different)
City, State: _Zip:
Phone Numbers: I tome: Office:
Cell: Other:
Email:
of people in household: How long?
Mailing Address:
City:
Phone Numbers: I Tome: Office
Cell; Other:
Email:
it of people in household: Ilow long?
171' r 4114 7:"772VM-' 'OW W44,144,1V7.6.7;":;::4:-4,4‘
' :*4.31(19304$, ''-';1447;)•!:-..),;,;,
First Mortgage I iondei
Type of Loan:
Loan Number: Date you Closed Your Loan
Second Mortgage I ender:
Type of Loan:
I,oan Number:
total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of 1 ast Payment,
Prima:,,, Reason fur Del
Is the loan in Bankruptcy? Yes rt--, No E
If yes, provide names, location of court, case number& attorney:
Assets
Home:
Other Real Estate.:
Retirement Funds:
Investments;
Checking:
:Savings:
Other:
Automobile 41: Model: enc.
Amount owed: Value:
car:
A11'10,-11-11, OWC,d clue,
Other triiiHporialion hoiits, mohircycles): Model:
Value
Monthly Income
Name of Employers:
2.
3.
Additional income Description (not wages)
monthly amount:
monthly amount:
rorrov,,er Pay s: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
[XI'[ NSN A NW!:NT
ut, and
titn
C:11 Payweiu(s)
Auto insurance Mud ,t,d iii eov,_..red)
Auto tuel/o.tair:-, Othet it pavulLail
lust:111, Loan g lIltett( Cal)15 TV
Child SupportiAllm. Sffilding
Other 1,,x-pk,lr,;e,.
Amount Available tbr Monthly Murte!-age Payrnent liased on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes 1-1 No �-
If yes, please provide the flloing information:
Cunoxeliug Agency-
( eimmiEr
phomc (8[d��� Fxx: _
Email:
Have you madc application for Homeowners Emergency Mortgage Assistance Program
(BE&IAJ ) uaxistanur?
Yes No
If yes, please indicate Lhe: oo'huof the application;
Have you had any prior negotiations with your lender or lender's loan servicing company
tn resolve your delinquency?
Tca '� �u r]
If yes, please indicate the status of those negotiations:
Pleuse provide the following information, if you know, regarding your lender or lender's
loan servicing company:
Lender's (2oniuc( (Name): Phone:
Servicing Company (Nam,):
Coutact: Pbouc�
if1)l'HORIZATU)N
authorise 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, l/We
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature Date
Co-Bon nvo..,r Date
Please forward this page along with the following information to lender;
1. Proof of income
2. Past 2 hank statements
3. Proof of any expected Monne for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation
(hardship let ter)
6. Listing agreement (if property is currently on the market)
Pennsylvania Verification
Brian P. Arrington hereby states thutcho/bhe is Vice President of
JPMorgan Chase Bank,N.A. the Plaintiff
in this matter, and is authorized to make this Verification. The statements of fact
contained in the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of my information, and belief. I understand that this statement
is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unswom
falsification to ,) Ilioril kb;,
v
AUtilHoll
Date: 09/25/13
JPMorgan Chase Bank,N.A
lionvwcu: RYAN NI A1MMERMAN & NTE,2GAN A DAUBERNIAN
hor tv AcIche , 153 W VINE. S FREE',17, SIIIRE,MANS1 OWN PA 17011
RE M FR I AND
1 ,t 1 wit 0 t I oan Numher 0111
Exhibit "B"
§tigRiFn OFFICE OF CUMBERLAND COUNTY
• !tunny Pt Anderson
Sheriff of cilitorri.
4.,6°‘
Jody S Smith
Chief Deputy
•4°Vier.
Richard W Stewart
Solicitor OFFICE OF MI$44iRIFF
JPMorgan Chase Bank, NA Case Number
vs. ,
Ryan M.Zimmerman(et 81,) 2013-5761
SHERIFF'S RETURN OF SERVICE
11/20/2013 05:36 PM-Deputy Jason KInsier„being duly sworn according to,law,served tide requested Notice of
Residential Mortgage Foreclosure DIveniion program and Complaint In Mortgage Foreclosure by handing
a true copy to a person representing themselves to be Stephen Zimmerman,who accepted as"Adult
Person in Charge"for Ryan M.Zimmerman at 15 Wayne Road,Lower Allen,Camp Hill,PA 17011.
ri
JASC/N KiNgLER,DEPUTY
SHERIFF COST:$44.95 SO ANSWERS,
(g-
January 06, 2014 RONNY R ANDERSON,SHERIFF
19' LAtI :SCA
hir A Q )14' `E.C11:-
'(.
tc)CountySulte Shen,Teleoscn,Inc.
te: I r: a , t s S.. , . Sr '!
-m° Rvntry is Anderson
Sheriff Ca„Am,at camber,
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor co. SI s'RIFF
JPMorgan Chase Bank, N.A. Case Number
vs. 2013-5761
Ryan M.Zimmerman(et al)
SHERIFF'S RETURN OF SERVICE
10/07/2013 Sheriff Ronny R Anderson,being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit:Ryan M.Zimmerman,but was unable to locate the Defendant in
the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Northumberland,Pennsylvania to
serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint In
Mortgage Foreclosure according to law.
10/07/2013 Sheriff Ronny R Anderson,being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit:Megan A Dauberman,but was unable to locate the Defendant in
the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Northumberland,Pennsylvania to
serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure according to law.
10/08/2013 10:49 AM-Ronny R Anderson,Sheriff,being duly sworn according to law,states he made diligent search
and inquiry for the within named Defendant to wit:Ryan M.Zimmerman,but was unable to locate the
Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found”at 153
West Vine Street, Shiremanstown Borough,Shiremanstown,PA 17011.Residence is vacant.
10/08/2013 10:49 AM-Ronny R Anderson,Sheriff,being duly sworn according to law,states he made diligent search
and inquiry for the within named Defendant to wit:Megan A Dauberman,but was unable to locate the
Defendant In his bailiwick.The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 153
West Vine Street,Shiremanstown Borough,Shiremanstown,PA 17011, Residence is vacant.
10/10/2013 09:30 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint
in Mortgage Foreclosure served by the Sheriff of Northumberland County upon Megan A Dauberman,
personally, at 1033 Queen Street, Northumberland, PA 17857,Chad A.Reiner,Sheriff,Return of Service
attached to and made part of the within record.
01/9. , .,, ., ► � ,�- ,, �, 444.4. r :. , . . t ,
Mortgage Foreclosure returned by the Sheriff of Northumberland County,the within named Defendant
Ryan M.Zimmerman,not found.Chad A.Reiner,Sheriff,Return of Service attached to and made part of
the within record.
SHERIFF COST: $89.95 SO ANSWERS,
t.^
January 06,2014 RONO R ANDERSON,SHERIFF
(c)CountySuft.SMntt,Tol000f Inc.
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 1360
JPMORGAN CHASE BANK,NATIONAL Court of Common Pleas
ASSOCIATION
1033 QUEEN STREET Civil Division
NORTHUMBERLAND, PA 17857-1344
No. 13-5761-CIVIL
Plaintiff
v. Cumberland County
RYAN M. ZIMMERMAN A/K/A RYAN
ZIMMERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
MEGAN A. DAUBERMAN A/K/A MEGAN
DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
Defendants
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:
RYAN M. ZIMMERMAN A/K/A RYAN RYAN M. ZIMMERMAN A/K/A RYAN
ZIMMERMAN ZIMMERMAN
1033 QUEEN STREET 15 WAYNE ROAD
NORTHUMBERLAND, PA 17857-1344 CAMP HILL, PA 17011-6663
MEGAN A. DAUBERMAN A/K/A MEGAN
DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
43.S-11 B 0.Date: 02 y By:
D. Troy Sears, Esquire
Attorney for Plaintiff
931133
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
Plaintiff
v.
RYAN M. ZIMMERMAN A/K/A RYAN
ZIMMERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
MEGAN A. DAUBERMAN A/K/A MEGAN
DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
Defendants
ORDER
AZIWG4
AND NOW, this 5 day of jgdess, , 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.
Court of Common Pleas
Civil Division
No, 13-5761-CIVIL
Cumberland County
z C)
cz:
ci
CJ
rr,
•
cc : Ryja M. Zimmerman a/lc/a Ryan Zimmerman
„...egan A. Dauberman a/k/a Megan Dauberman
a...R.-Troy Sellars, Esq., Id. No. 210302
Attorney for Plaintiff
931133 If ES
l
//4/ — -H779
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 1360
RYAN M. ZIMMERMAN A/KJA RYAN
ZIMMERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
MEGAN A. DAUBERMAN A/KJA MEGAN
DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
RYAN M. ZIMMERMAN A/K/A RYAN
ZIMMERMAN
15 WAYNE ROAD
CAMP HILL, PA 17011-6663
931133
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
JPMorgan Chase Bank, National Association
Plaintiff
V.
Ryan M. Zimmerman a/k/a Ryan Zimmerman
Megan A. Dauberman a/k/a Megan Dauberman
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
Interest from 04/23/2014 to Date of Sale
($22.67 per diem)
TOTAL
Note: Please attach description of property.
PH#931133
;
car
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LIL-1.c1Stt.
It Li
lb?.-75
11."7"
so a tt
%)-314.ci
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 13-5761 CIVIL
CUMBERLAND COUNTY
$137,893.18
$3,037.78
$140,930.96
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
.-; ,
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Shiremanstown, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point which is the southwest corner of Lot 3B on the hereinafter mentioned Plan of Lots
which point is also on the dividing line between Lots 3A and 3B on said Plan; thence along said dividing line
North eleven (11) degrees twenty-six (26) minutes West sixty-two and sixty-seven hundredths (62.67) feet to
a point at the dividing line between the within described Lot and certain common areas shown on said Plan;
thence along said last mentioned dividing line North seventy-eight (78) degrees thirty-four (34) minutes East
eighteen and thirty hundredths (18.30) feet to a point at the dividing line between Lots 3B and 3C on said
Plan; thence along said last mentioned dividing line South eleven (11) degrees twenty-six (26) minutes East
sixty-two and sixty-seven hundredths (62.67) feet to a point at the dividing line between the within described
Lots and certain other common area as shown on said Plan; thence along said last mentioned dividing line
South seventy-eight (78) degrees thirty-four (34) minutes West eighteen and thirty hundredths (18.30) feet to
a point the Place of BEGINNING.
BEING Lot No. 3B on the Plan of Section 1 of Shireman Gardens, which Plan is recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Plan Book 26, Page 141.
HAVING thereon erected a townhouse.
TITLE TO SAID PREMISES IS VESTED IN Ryan Zimmerman, single person and Megan
Dauberman, single person, as joint tenants with right of survivorship, by Deed from Lisa A.
Kemes and Paul Kemes, Jr., h/w, dated 08/31/2009, recorded 09/08/2009 in Instrument Number
200931321.
PREMISES BEING: 153 West Vine Street, Shiremanstown, PA 17011-6347
PARCEL NO. 37-23-0557-168J
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
20R APR 22 AN 1:0:
Cttl--;BERL COUNTY
.1:ErINS YLVANIA
JPMorgan Chase Bank, National Association
Plaintiff
v.
Ryan M. Zimmerman a/k/a Ryan Zimmerman
Megan A. Dauberman a/k/a Megan Dauberman
Defendant(s)
CERTIFICATION
Attorneys for Plaintiff
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO.: 13 -5761 CIVIL
. Cumberland County
The undersigned attorney hereby states that he /she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
the mortgage is an FHA Mortgage
the premises is non -owner occupied
the premises is vacant
Act 91 procedures have been fulfilled
Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11 -1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
JPMorgan Chase Bank, National Association
Plaintiff
v.
Ryan M. Zimmerman a/kJa Ryan Zimmerman
Megan A. Dauberman a/k/a Megan Dauberman
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 13-5761 CIVIL
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
JPMorgan Chase Bank, National Association, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date
the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 153 West Vine Street,
Shiremanstown, PA 17011-6347.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Ryan M. Zimmerman a/k/a Ryan Zimmerman
Megan A. Dauberman a/k/a Megan Dauberman
2. Name and address of Defendant(s) in the judgment:
Name
Ryan M. Zimmerman a/k/a Ryan Zimmerman
Megan A. Dauberman a/k/a Megan Dauberman
Address (if address cannot be reasonably ascertained,
please so indicate)
15 Wayne Road
Camp Hill, PA 17011-6663
1033 Queen Street
Northumberland, PA 17857-1344
Address (if address cannot be reasonably
ascertained, please so indicate)
15 Wayne Road
Camp Hill, PA 17011-6663
1033 Queen Street
Northumberland, PA 17857-1344
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
PH# 931133
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)
Shireman Gardens Homeowners Association,
Inc.
246 Evelina Road
Hershey, PA 17033
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
153 West Vine Street
Shiremanstown, PA 17011 -6347
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: 6671.//fil By: A-104/t■—/c■tv_
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
PH #931133
JPMorgan Chase Bank, National Association : COURT OF COMMON PLEAS
Plaintiff : CIVIL DIVISION
vs. : NO.: 13-5761 CIVIL
Ryan M. Zimmerman a/k/a Ryan Zimmerman
Megan A. Dauberman a/k/a Megan Dauberman : Cumberland County
Defendant(s)
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
r.) -
. ,
TO Ryan M. Zimmerman a/k/a Ryan Zimmerman Megan A. Dauberman a/k/a MataDapi)er-M4n
15 Wayne Road 1033 Queen Street
• K ,
= CD
Camp Hill, PA 17011-6663 Northumberland, PA 17857-133 (7- 7 ::' _
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 153 West Vine Street, Shiremanstown, PA 17011-6347 is scheduled to be sold
at the Sheriffs Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover
Street, Carlisle, PA 17013 to enforce the court judgment of $137,893.18 obtained by JPMorgan Chase Bank,
National Association (the mortgagee) against you. In the event the sale is continued, an announcement will be
made at said sale in compliance with Pa.R.C.P. Rule 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 -5761 CIVIL
JPMorgan Chase Bank, National Association
v.
Ryan M. Zimmerman a/k/a Ryan Zimmerman
Megan A. Dauberman a/k/a Megan Dauberman
owner(s) of property situate in SHIREMANSTOWN BOROUGH, CUMBERLAND County,
Pennsylvania, being
153 West Vine Street, Shiremanstown, PA 17011 -6347
Parcel No. 37 -23- 0557 -168J
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $137,893.18
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Shiremanstown, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point which is the southwest corner of Lot 3B on the hereinafter mentioned Plan of Lots
which point is also on the dividing line between Lots 3A and 3B on said Plan; thence along said dividing line
North eleven (11) degrees twenty -six (26) minutes West sixty -two and sixty -seven hundredths (62.67) feet to
a point at the dividing line between the within described Lot and certain common areas shown on said Plan;
thence along said last mentioned dividing line North seventy -eight (78) degrees thirty -four (34) minutes East
eighteen and thirty hundredths (18.30) feet to a point at the dividing line between Lots 3B and 3C on said
Plan; thence along said last mentioned dividing line South eleven (11) degrees twenty -six (26) minutes East
sixty -two and sixty -seven hundredths (62.67) feet to a point at the dividing line between the within described
Lots and certain other common area as shown on said Plan; thence along said last mentioned dividing line
South seventy -eight (78) degrees thirty -four (34) minutes West eighteen and thirty hundredths (18.30) feet to
a point the Place of BEGINNING.
BEING Lot No. 3B on the Plan of Section 1 of Shireman Gardens, which Plan is recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Plan Book 26, Page 14] .
HAVING thereon erected a townhouse.
TITLE TO SAID PREMISES IS VESTED IN Ryan Zimmerman, single person and Megan
Dauberman, single person, as joint tenants with right of survivorship, by Deed from Lisa A.
Kemes and Paul Kemes, Jr., h /w, dated 08/31/2009, recorded 09/08/2009 in Instrument Number
200931321.
PREMISES BEING: 153 West Vine Street, Shiremanstown, PA 17011 -6347
PARCEL NO. 37-23-0557-168J
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240 -6195
www.ccpa.net
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
Vs. NO 13 -5761 Civil Term
CIVIL ACTION — LAW
RYAN M. ZIMMERMAN A/KJA RYAN ZIMMERMAN
MEGAN A. DAUBERMAN A /K/A MEGAN DAUBERMAN
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: $137,893.18 L.L.: $.50
Interest FROM 4/23/2014 TO DATE OF SALE ($22.67 PER DIEM) - $3,037.78
Atty's Comm:
Atty Paid: $336.92
Plaintiff Paid:
Date: 4/22/14
(Seal)
REQUESTING PARTY:
Name: ADAM H. DAVIS, ESQUIRE
Address: 161.7. JFK BLVD., SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215 -563 -7000
Supreme Court ID No. 203034
Due Prothy: $2.25
Other Costs:
-7,tcteiTh 2014zzi._
David D. Buell, Prothonota
Deputy
` r 1 , _
"IL ttlu1 Ii0't0~
PHELAN HALLINAN, LLP 2014 APR 22 PA 10: 26
Adam H. Davis, Esq., Id. No.20�,g3
1617 JFK Boulevard, Suite 1400' R A U COUNTY
One Penn Center Plaza PL NNS YLYA NIA
Philadelphia, PA 19103
Adam.Davis @PhelanHallinan.com
215 -563 -7000
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
vs.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 13 -5761 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 RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN and MEGAN A. DAUBERMAN A/K/A MEGAN
DAUBERMAN, 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 $137,893.18
TOTAL $137,893.18
I hereby certify that (1) the Defendants' last known addresses are 15 WAYNE ROAD,
CAMP HILL, PA 17011-6663, 153 WEST VINE STREET, SHIREMANSTOWN, PA 17011-
6347, and 1033 QUEEN STREET, NORTHUMBERLAND, PA 17857 -1344, and (2) that notice
has been given in accordance with Rule Pa.R.C.P 237.1.
Date efl�
Adam H. Davis, Esq., Id. No.203034
AttorneNor Plajff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PH #931133
PROTHONOTARY
v
931133
CAA )102? 8-?
l2 3ay08a
X0;6 io jY1d
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
JPMORGAN CHASE BANK, NATIONAL CUMBERLAND COUNTY
ASSOCIATION COURT OF COMMON PLEAS
vs.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
CIVIL DIVISION
: No. 13 -5761 CIVIL
AFFIDAVIT OF NON - MILITARY SERVICE
The undersigned attorney hereby verifies that he /she is the attorney for the
Plaintiff in the above - captioned matter, and that on information and belief, he /she has knowledge
of the following facts, to wit:
(a) that the defendant(s) RYAN M. ZIMMERMAN A /K/A RYAN
ZIMMERMAN and MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN are not in the
Military or Naval Service of the United States or its Allies, or otherwise within the provisions of
the Servicemembers Civil Relief Act, as amended.
(b) that defendant RYAN M. ZIMMERMAN A /K/A RYAN ZIMMERMAN is
over 18 years of age and has last known addresses at 15 WAYNE ROAD, CAMP HILL, PA
17011 -6663 and 153 WEST VINE STREET, SHIREMANSTOWN, PA 17011-6347.
(c) that defendant MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN
is over 18 years of age and has last known addresses at 1033 QUEEN STREET,
NORTHUMBERLAND, PA 17857 -1344 and 153 WEST VINE STREET,
SHIREMANSTOWN, PA 17011 -6347.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date cf/' ffr
wit- e- wYZ
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
931133
Department of Defense Manpower Data Center
Results as of : Apr-21-2014 12:05:25 AM
SCRA 3.0
Status Report
Pursuant to Servic embers Civil Relief Act
Last Name: ZIMMERMAN
First Name: RYAN
Middle Name: M
Active Duty Status As Of: Apr -21 -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
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Left Active Duty Within 367 Dais of Active Duty Status Date
Order Notification End Date
Active Duty Start Date
Service Component
Active Duty End Date
Status
Service Component
NA
— NA -
. - No
.- ��
NA
This response reflects where the individual left active duty status within 367 days preceding the
live Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
NA
This response reflects whether the individual .or hisfher unit
duty
has received early notification to report for active
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: Apr -21 -2014 12:01:24 AM
SCRA 3.0
Status Report
Pursuant to Se v remembers Civil Relief Act
Last Name: ZIMMERMAN
First Name: RYAN
Middle Name:
Active Duty Status As Of: Apr -21 -2014
On Active Duty On Active Duty Status Date
Active Duly Start Date
Active Duty End Date
Status
Service Component
NA
NA __ -
- _ No`,
NA
This response reflects the individuals' active duty status bsed .on the Active Duty Status Date
1 ' I
i • / •
Left Active Duty Within 367 Da s of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
- NA
.. ¢,`No , 1.' /Ji
NA
This response reflects where the individual left active duty status within 367 days preceding theActive Duty Status Date
( f:
The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA -
_ �" No -- : /
NA
This response reflects whether the individual or his/her unit has received early'notification to report for active duty
S.
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 'Ser`/ices (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.
)1/4
: ,.,
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
Status Report
Pursuant to Service
Last Name: DAUBERMAN
First Name: MEGAN
Middle Name: A
Active Duty Status As Of: Apr-21-2014
Results as of : Apr-21-2014 12:05:19 AM
Civil Relief Act
SCRA 3.0
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 bas'ed On the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No ..
NA
This response reflects where the individual left active dui), status within 367 days preceding theActive Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA : \,_ ,
NA
This response reflects whether the indMclull or his/her uniihas received earl}, notification to report for active duty
_r•
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 UniformedServices (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 : Apr-21-2014 1502:33 AM
SCRA 3.0
Status Report
Pursuant to Service ' Civil. Relief Act.
Last Name: DAUBERMAN
First Name: MEGAN
Middle Name:
Active Duty Status As Of: Apr -21 -2014
On Active Duty On Active Duty Status Date
Active Duly Start Date
Active Duty End Date
Status
Service Component
NA
NA4 . _ . ,,.a ' '
_. No -
NA
This response reflectslhe Individuals' active du(y'.status based an the Active Duty Status Date
\ 1 I
Left Active Duty Within 367 Da s of Active Duly Status Dale
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA - . - .'
77
.. No i
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His /Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA '>,
' .No
NA
This response reflects whether the individual or his/her -unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower D_ata 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
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN A/K/A RYAN
ZIMMERMAN
MEGAN A. DAUBERMAN A/K/A MEGAN
DAUBERMAN
Defendant(s)
TO: RYAN M. ZIMMERMAN
A /K/A RYAN ZIMMERMAN
15 WAYNE ROAD
CAMP HILL, PA 17011 -6663
DATE OF NOTICE:.
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 13 -5761 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 PROM 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, RUT 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
I Courthouse Square
Carlisle, PA 17013
(717) 240 -6195
PH #931133
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) - 249 -3166
By
.To Lobb, Esq., Id. No.312174
omcy for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN A/K/A RYAN
ZIMMERMAN
MEGAN A. DAUBERMAN A/K/A MEGAN
DAUBERMAN
Defendant(s)
TO: RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
153 WEST VINE STREET
SHIREMANSTOWN, PA 17011 -6347
DATE OF NOTICE:
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 13 -5761 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 OPPICE
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
l Courthouse Square
Carlisle, PA 17013
(717) 240 -6195
PH # 931133
By:.
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
717) 249-3166
Jinat'aii >Lobb, Esq., Id. No.312174
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN A/K/A RYAN
ZIMMERMAN
MEGAN A. DAUBERMAN A/K/A MEGAN
DAUBERMAN
Defendant(s)
TO: MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857 -1344
DATE OF NOTICE:. (1 � 1_:
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 13 -5761 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
A'1°1'EMPT 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
PH #931133
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249 -3166
By:.v.
Jo athan Lobb, Esq., Id. No.3 ] 2174
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN A/K/A RYAN
ZIMMERMAN
MEGAN A. DAUBERMAN A /K/A MEGAN
DAUBERMAN
Defendant(s)
TO: MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
153 WEST VINE STREET
SHIREMANSTOWN, PA 17011 -6347
DATE OF NOTICE:
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 13 -5761 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 1S 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
PH #931133
By :x_
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
17) 249 -3166
J Lobb, Esq., Id. No.312174
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(Rule of Civil Procedure No. 236) - Revised
JPMORGAN CHASE BANK, NATIONAL : CUMBERLAND COUNTY
ASSOCIATION
: COURT OF COMMON PLEAS
vs.
RYAN M. ZIMMERMAN : CIVIL DIVISION
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN : No. 13-5761 CIVIL
A/K/A MEGAN DAUBERMAN
against you on
Notice is given that a Judgment in the above captioned matter has been entered...i,
By:*
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 IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
931133
Phelan Hallinan, LLP is j?:: ? f ;
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 _i M 3 E iI A; D COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan com
215-563-7000
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-5761 CIVIL
Defendants
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 4,
2013.
2. Judgment was entered on April 22, 2014 in the amount of $137,893.18. 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.
931133
4. The Property is listed for Sheriffs Sale on September 3, 2014.
5. Additional sums have been incurred or expended on Defendants' behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance
Interest Through September 30, 2014
Legal fees
Cost of Suit and Title
Property Inspections
Appraisal/Brokers Price Opinion
Escrow to be Paid
Escrow Deficit
$130,874.83
$12,596.64
$1,550.00
$1,192.26
$112.00
$450.00
$2,248.83
$2,983.37
TOTAL $152,007.93
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendants.
8. Plaintiffs foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiffs 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 June 11, 2014 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "B".
10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Kevin A. Hess entered an order granting Plaintiff s Motion to Lift Conciliation Stay dated
March 5, 2014.
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: qi I (d( By:
Phelan Ha inan, LLP
on. an M. Etkowicz, Esquire
A ORNEY FOR PLAINTIFF
931133
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-5761 CIVIL
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN and MEGAN A.
DAUBERMAN A/K/A MEGAN DAUBERMAN 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 153 WEST VINE STREET, SHIREMANSTOWN, PA 17011-6347. The
Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any
necessary sums, including taxes, insurance, and other items, in order to protect the security of the
Mortgage.
In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
931133
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
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
931133
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendants as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors
are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor s have 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
931133
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 Defendants shall promptly pay when due the
principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest
to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days
prior to the date of default through the date of the impending Sheriff's sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
931133
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
931133
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the 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
931133
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.
931133
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: CO U/r 1 l By:
Phelan Hallinan, LLP
Jo an M. Et owicz, Esquire
Attorney for Plaintiff
931133
Exhibit "A"
931133
r'
•
I,•
. ' - 1,,1
Pii-JTHONO TA ,R Y
PHELAN HALLINAN, LLP 7014 APR 22 AN 10: 25
Adam H. Davis, Esq., Id. No.20 ,Q3.
1617 JFK Boulevard, Suite 140YUt t3ERlANG COUNTYOne Penn Center Plaza FEN1dS YLVA1iIA
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION
vs.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 13-5761 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 RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN and MEGAN A. DAUBERMAN A/K/A MEGAN
DAUBERMAN, 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 $137,893.18
TOTAL $137,893.18
I hereby certify that (1) the Defendants' last known addresses are 15 WAYNE ROAD,
CAMP HILL, PA 17011-6663, 153 WEST VINE STREET, SHIREMANSTOWN, PA 17011-
6347, and 1033 QUEEN STREET, NORTHUMBERLAND, PA 17857-1344, and (2) that notice
has been given in accordance with Rule Pa.R.C.P 237.1.
Date et/ 2-- %/!
Adam H. Davis, Esq., Id. No.203034 •
AttomeNor PIa ff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PH # 931133
PROTHONOTARY
Goa at.SopJ aii
• 931133
Ck-Al 1413 ? J?
�. ' /?
Exhibit "B"
931133
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
June 3, 2014
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
15 WAYNE ROAD
CAMP HILL, PA 17011-6663
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. RYAN M.
ZIMMERMAN, A/K/A RYAN ZIMMERMAN and MEGAN A. DAUBERMAN, A/KIA
MEGAN DAUBERMAN
Premises Address: 153 WEST VINE STREET SHIREMANSTOWN, PA 17011
CUMBERLAND County CCP, No. 13-5761 CIVIL
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days, by 6/9/2014.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
trul yours,
Joi pan M. Etk wicz, Esq., Id. No.208786
Att y for Plaintiff
Erick. sure
931133
Name and
Address
Of Sender
Line
2
mak
Article Number
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
JOH
Name of Addressee, Street, and Post Office Address
RYAN M. ZIMMERMAN
15 WAYNE ROAD
CAMP HILL, PA 17011-6663
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
RYAN M. ZIMMERMAN
MEGAN A. DAUBERMAN
153 WEST VINE STREET
SHIREMANSTOWN, PA 17011-6347
RE: RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN (CU AND) PH # 931133/1200
Page 1 of 1
Total Number of
Pieces Listed by Sender
Total Number of Pieces
Received at Post Office
Postmaster, Per (Name of
Receiving Employee)
Postage
50.47
50.47
$1.41
The full declaration of value is required on all domestic and international registered mail. The
for the reconstruction of nonnegotiable documents under Express Mail document reconstruction
piece subject to a limit 01 5500,000 per occurrence. The maximum indemnity payable on Expres
The maximum indemnity payable is 525,000 for registered magi, sent with optional insurance. Se
R900 5913 and 5921 for limitations of coverage.
Form 3877 Facsi
ile
931133
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-5761 CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
15 WAYNE ROAD
CAMP HILL, PA 17011-6663
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
DATE:
By:
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
153 WEST VINE STREET
SHIREMANSTOWN, PA 17011-6347
Phelan Hallinan, LLP
Jonatha Etkowicz, Esquire
ATTOY FOR PLAINTIFF
931133
AFFIDAVIT OF SERVICE
CUMBERLAND COUNTY
PH # 931133
SERVICE TEAM/ lxh
COURT NO.: 13-5761 CIVIL
PLAINTIFF
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
DEFENDANT
RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN
SERVE RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN AT: TYPE OF ACTION
15 WAYNE ROAD XX Notice of Sheriff's Sale
CAMP HILL, PA 17011-6663 SALE DATE: September 3, 2014
SERVED
Served and made known to RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN, Defendant on
/wf , 201 j, at
gt os , o'clock p_. M., at 15 I449NE 14. 11) ibLL, 1 , in the manner described below:
_ Defendant personally served.
V Adult family member with whom Defendant(s) reside(s).
Relationship is F44141E,Q .
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 ,Zs Height 5.k Weight IS -2) Race
kotl:tlu ivlvll a competent adult, hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
w Sex M Other
the %.� 1"day of
C c? '
DATE:
NAME:
Ronald Moll
PRINTED NAME:
Process 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 Pa. C.S.
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
Sec. 4904 relating to unsworn
PLAINTIFF
AFFIDAVIT OF SERVICE 11 (lil0��—/)(EMp'S
CUMBERLAND COUNTY
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
DEFENDANT
RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN
PH # 931133
SERVICE TEAM/ Ixh
COURT NO.: 13-5761 CIVIL
SERVE MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN TYPE OF ACTION
AT: XX Notice of Sheriff's Sale
1033 QUEEN STREET SALE DATE: September 3, 2014
NORTHUMBERLAND, PA 17857-1344
SERVED
Served and made known to MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN, Defendant on the I7hay
of MAI 20J,at nn
11 ts� , o'clock A. M., at 1 i$ iif✓EN,Bail S14 141.0 bistIrli in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s).
Relationship is
Adult in charge of Defendant's residence who refused to give name 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:
-0
rfl
r L�
Description: Age 3o Height 5-1- Weight 2.-0 Race w Sex r Other G
Ronald Moll , a competent adult, hereby verify that I personally handed a true and correcropy, of Elie
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the -address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.. . b € uWT layEi,
Ci2tM S.Q. ?Pao 4&-45NAME:
DATE:
118 606E40 l'1vE • PRINTED NAME:
OM° N AA Process Server
TITLE:
acatil
Ronald Moll
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 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
/77
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
Defendants
AND NOW, this /4
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-5761 CIVIL
RULE
day of 2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
Defendants 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.
R.1=4..) "Z'frsintainak.)
1g, le,./15/
1\,)
931133
onathan M. Etkowicz, Esq., Id. No.208786
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
AN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
15 WAYNE ROAD
CAMP HILL, PA 17011-6663
Cop l'es Plz t Isr-L
/'AN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
153 WEST VINE STREET
SHIREMANSTOWN, PA 17011-6347
931133
931133
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
RQ TIIOJNNNO 1I F,
2014 AUG 20 Afl I i : 4torney for Plaintiff
CUMCERL AND O COUN ,F
P'Etdp SYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff,
v.
RYAN M. ZIMMERMAN A/K/A RYAN
ZIMMERMAN
MEGAN A. DAUBERMAN A/K/A MEGAN
DAUBERMAN
Defendant(s)
CUMBERLAND COUNTY
. COURT OF COMMON PLEAS
CIVIL DIVISION
. No.: 13-5761 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 (Form 3817) and/or Certified Mail Return
Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A".
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
Date:
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH # 931133
Name and
Address
Of Sender
Phelan Hallinan, LLP
la* 1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
- OQro�nnte cer:
O 8
Line
Article Number
-.---------
Name of Addressee, Street, and Post Office Address
-�
Postage
'ei, 414 ce
t o .4;153
1� ,Tse;o
,�` "`�,
Nao
yr ;.:.e.v.=
g.
iso_: ; .
.:.
1
****
TENANT/OCCUPANT
WEST VINE STREET
. SHIREMANSTOWN,•PA 17011-6347 r
$0.47
2
****
Commonwealth of Pennsylvania Bureau of individual Taxes Inheritance Tax Division
6th Floor, Strawberry Sq.
Dept 280601 •
Harrisburg, PA 17128
$0.47 �
r -••
3
****
Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program
P.O. Box 8486
Willow Oak Building i
$0.47
Harrisburg, PA 17105
4
****
Shireman Gardens Homeowners Association, Inc.
246 EVELINA ROAD ♦
$0. . �Sds
ij
HERSHEY, PA 17033
5
****
Domestic Relations of
&;�/
'tt
Cumberland County i
13 North Hanover Street
2 %6,
Carlisle, PA 17013
N,5OL6i..4
6
****
Commonwealth of Pennsylvania
$0.47
Department of Welfare I
P.O. Box 2675
Harrisburg, PA 17105
7
****
Internal Revenue Service Advisory
$0.47
1000 Liberty Avenue Room 704
Pittsburgh, PA 15222
8
****
U.S. Department of Justice
$0.47
U.S. Attorney for The Middle District of PA �+
Federal Building
228 Walnut Street, Suite 220
PO Box 11754
Harrisburg, PA 17108-1754
RE: RYAN M. Z u to 4 1-RYAN-Z7IM 1+I RIVIANICUMB,MMAND)..--.1:1:0,,,931-133/1021
'—'--,..— "x
$3.76
ge o rit Team
Total Number of
Total Number of Pieces
Postmaster, Per (Name of
'
The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable
Pieces Listed by Sender
Received at Post Office
Receiving Employee)
for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per
piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is S500,
The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See Domestic Mail Manual
R900 5913 and S921 for limitations of covers . .
arm 31sr-1_racsnnile
'
OF THE: PROTHLONOTAk';
2011! SEP -9 AN 10; 20
CUMBERLAND COUNTY
PENNSYLVANIA
PHELAN HALL1NAN, 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
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Attorney for Plaintiff
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION :
Plaintiff : CIVIL DIVISION
v. : No.: 13-5761 CIVIL
RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN :
MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN
Defendant(s)
NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE
The Sheriffs Sale scheduled for 09/03/2014 the above -captioned matter
has been continued until 12/03/2014 at 10:00
Date:
PH # 931133
sman, Esq., Id. No.318079
Att. for Plaintiff
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
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Attorney for Plaintiff
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION :
Plaintiff : CIVIL DIVISION
v. : No.: 13-5761 CIVIL
RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN :
MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN
Defendant(s)
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of the foregoing Notice of the Date of
Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s)
on the date listed below:
RYAN M. ZIMMERMAN
15 WAYNE ROAD
CAMP HILL, PA 17011-6663
MEGAN A. DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
Date:
PH# 931133
RYAN M. ZIMMERMAN
153 WEST VINE STREET
SHIREMANSTOWN, PA 17011-6347
MEGAN A. DAUBERMAN
1 EET
7011-6347
an, Esq., Id. No.318079
At Plaintiff
.4
Phelan Hallinan, LLP
/attorneyName/
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
/attorneyEmail/
215-563-7000
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
V.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
Defendants
FiLLD-L1- '
OF THE Pit9
VOR PLAINTIFF
20i li SEP 19 AN 10: 07
CUMBERLAND COUNTY
PENNS YLVANIA
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-5761 CIVIL
MOTION TO EXTEND THE RETURN DATE ON PLAINTIFF'S MOTION TO REASSESS
DAMAGES
Plaintiff respectfully requests that the Court enter an Order granting Plaintiff's Motion to
Extend the Return date on Plaintiffs Motion to Reassess Damages filed on June 12, 2014 in the
above captioned matter and in support thereof avers as follows:
1. Plaintiff filed its Motion to Reassess Damages with the Court on July 18, 2014.
2. Thereafter, the Court issued a Rule to Show Cause on June 16, 2014, returnable
on July 6, 2014. A true and correct copy of the Rule to Show Cause is attached
hereto, made part hereof, and marked as Exhibit "A".
3. Plaintiff respectfully requests that the Court issue a new return date so Plaintiff
can provide Defendants with appropriate notice and an opportunity to respond to
the Motion to Reassess Damages.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the
931133
attached proposed Order and issue a new return date on the Plaintiff's Motion to Reassess
Damages.
DATE:
By:
Phelan Hallinan, LLP
Jonas+ : Lobb, Esquire
ATTORNEY FOR PLAINTIFF
931133
Phelan Hallinan, LLP
/attomeyName/
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
/attorneyEmail/
215-563-7000
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
•
Civil Division
CUMBERLAND County
No.: 13-5761 CIVIL
BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO EXTEND THE RETURN DATE ON
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff respectfully requests that the Court enter an Order granting Plaintiff's Motion to
Extend the Return Date on Plaintiff's Motion to Reassess Damages filed on June 12, 2014 in the
above captioned matter and in support thereof avers as follows:
Plaintiff filed its Motion to Reassess Damages with the Court on June 12, 2014.
Thereafter, the Court issued a Rule to Show Cause on June 16, 2014 returnable on July 6, 2014,
2014.
Plaintiff respectfully requests that the Court issue a new return date so that Plaintiff can
provide defendants with appropriate notice and an opportunity to respond to the Motion to
Reassess Damages.
This Court has plenary powers to administer equity according to well-settled
931133
principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia,
176 A.779, 116 Pa. Super.101 (1935). Moreover, it is also well settled that the Courts will lean to
a liberal exercise of the power conferred upon them without encouraging technical niceties in the
modes of procedure and forms of pleading. Gunnett v. Trout, 112 A.2d 333, 380 Pa.504 (1955).
Finally, exhaustion of legal remedies is a prerequisite to the Court's exercise of its equitable
powers. See 23 U. Pitt.L.Rev 547 (1961).
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the
attached proposed Order and issue a new return date on the Plaintiffs Motion to Reassess
Damages.
DATE:
g/,8
By:
Phelan Hallinan, LLP
Jorhan Lobb, Esquire
ATTORNEY FOR PLAINTIFF
931133
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
V.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
Defendants
AND NOW, this L.- day of
RULE
•
•
•
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-5761 CIVIL
E__2014, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
931133
Jonathan M. Etkowicz, Esq., Id. No.208786
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
15 WAYNE ROAD
CAMP HILL, PA 17011-6663
RYAN M. ZIMMERMAN
A/KJA RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
153 WEST VINE STREET
SHIREMANSTOWN, PA 17011-6347
931133
931133
Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-5761 CIVIL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
15 WAYNE ROAD
CAMP HILL, PA 17011-6663
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
DATE:
By:
RYAN M. ZIMMERMAN
A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
153 WEST VINE STREET
SHIREMANSTOWN, PA 17011-6347
Phelan Hallinan, LLP
Jona an Lobb, Esquire
ATTORNEY FOR PLAINTIFF
931133
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
Plaintiff
v.
RYAN M. ZIMMERMAN
AficA RYAN ZIMMERMAN
MEGAN A. DAUBERMAN
A/K/A MEGAN DAUBERMAN
Defendants
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13-5761 CIVIL
ORDER
AND NOW, this day of -yh..14r , 2014, upon consideration of Plaintiff s
Motion to Extend the Return Date on Plaintiff's Motion to Reassess Damages, Plaintiffs Motion
to Extend the Return Date is hereby granted; and
It is hereby ORDERED and DECREED that the return date provided in the Court's June
16, 2014 Order is hereby extended from July 6, 2014 to acks14,4/ 17/ 26/1 Notice Notice of the entry
of this Order shall be provided to all parties by the Plaintiff.
BY THE COURT:
-0
N.1
C)
931133
=Uud
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Attorney for Plaintiff
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION :
Plaintiff : CIVIL DIVISION
v. : No.: 13-5761 CIVIL
RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN :
MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN
Defendant(s)
NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE
The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter
has been continued until 01/07/2015 at 10:00 AM.
Date: /o/W
PH # 931133
Jonat
Att
Lobb, Esq., Id. No.312174
ey for Plaintiff
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Attorney for Plaintiff
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION :
Plaintiff : CIVIL DIVISION
v. : No.: 13-5761 CIVIL
RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN :
MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN
Defendant(s)
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of the foregoing Notice of the Date of
Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s)
on the date listed below:
RYAN M. ZIMMERMAN
15 WAYNE ROAD
CAMP HILL, PA 17011-6663
MEGAN A. DAUBERMAN
1033 QUEEN STREET
NORTHUMBERLAND, PA 17857-1344
Date:
PH # 931133
RYAN M. ZIMMERMAN
153 WEST VINE STREET
SHIREMANSTOWN, PA 17011-6347
MEGAN A. DAUBERMAN
153 WEST VINE STREET
SHIREMANSTOWN A 17011-6347
Jonaty obb, Esq., Id. No.312174
Atto ey for Plaintiff
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFFICE o:- SliE 1,1F,=
J LNNS i L_ I N!'1
JPMorgan Chase Bank, N.A.
vs.
Ryan M. Zimmerman a/k/a Ryan Zimmerman (et al.)
Case Number
2013-5761
SHERIFF'S RETURN OF SERVICE
06/16/2014 05:33 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 153 West Vine Street, Shiremanstown, PA 17011,
Cumberland County.
06/18/2014 08:09 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be Stephen Zimmerman, father,
who accepted as "Adult Person in Charge" for Ryan M. Zimmerman a/k/a Ryan Zimmerman at 15 Wayne
Road, Lower Allen, Camp Hill, PA 17011, Cumberland County.
08/27/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/3/2014
10/24/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/7/2015
12/22/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $820.62 SO ANSWERS,
January 13, 2015 RONW R ANDERSON, SHERIFF
:a <. auritySu= e riff. 7eleosolf. Inc.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFFICE OFTh SA,ERiEF
�..rl�
13 Ni 2:
CUMET i.; -,NJ CDUNF'r
PENNSYLVANIA
JPMorgan Chase Bank, N.A.
vs.
Ryan M. Zimmerman a/k/a Ryan Zimmerman (et al.)
Case Number
2013-5761
SHERIFF'S RETURN OF SERVICE
06/16/2014 05:33 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 153 West Vine Street, Shiremanstown, PA 17011,
Cumberland County.
06/18/2014 08:09 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be Stephen Zimmerman, father,
who accepted as "Adult Person in Charge" for Ryan M. Zimmerman a/k/a Ryan Zimmerman at 15 Wayne
Road, Lower Allen, Camp Hill, PA 17011, Cumberland County.
08/27/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/3/2014
10/24/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/7/2015
12/22/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $820.62 SO ANSWERS,
January 13, 2015
CountyStnie Sheriff. Telecsoft, Eric.
RONIV ANDERSON, SHERIFF
67.
141
ML -3(czac
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
Vs. NO 13-5761 Civil Term
CIVIL ACTION — LAW
RYAN M. ZIMMERMAN A/K/A RYAN ZIMMERMAN
MEGAN A. DAUBERMAN A/K/A MEGAN DAUBERMAN
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: $137,893.18 L.L.: 5.50
Interest FROM 4/23/2014 TO DATE OF SALE ($22.67 PER DIEM) - $3,037.78
Atty's Comm: Due Prothy: $2.25
Atty Paid: $336.92 Other Costs:
Plaintiff Paid:
Date: 4/22/14
(Seal)
REQUESTING PARTY:
Name: ADAM H. DAVIS, ESQUIRE
Address: 1617 JFK BLVD., SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 203034
David D. Buell, Prothonota ,
•
In
Deputy
COPY M RECORD
\., ;e'eof, i h&e unto set my hand
; Court at Carlisle, Fa.�
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The Patriot -News Co.
1900 Patriot Drive
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
he atriotNews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Amy Kotula, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of
Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday
Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
3.5781 Civil Term
ORGAN CHASE BA
tot This ad ran on the date(s) shown below:
, 07/13/14
N.A. 07/20114
07/27/14
vs.
Ryan M. Zimmerman a/k/a
Ryan Zimmerman
Megan A Dauberman a/k/a
Megan Dauberman
Atty: Joseph Schalk
By virtue of a Writ of Execution No.
13-5761 CIVIL •
JPMorgan Chase Bank, National
Association
v.
" Ryan M. Zimmerman a/k/a Ryan
Zimmerman
Megan A. Dauberman a/k/a Megan
Sworn
loW-eL
ubscribed before me this 20 day of August, 2014 A.D.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Sheryl Marie Leggore, Notary Public
Hampden Twp., Cumberland County
My Commission Expires July 16, 2018
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
•
cEhe patriot -News
Now you know
2020 Technology Parkway
Mechanicsburg, PA
(717) 255-8237
BILL TO: Cumberland County Sheriffs Office
Cumberland County Court House
Carlisle, PA 17013
ACCT. #
2260
DUPLICATE BILL
Date Description Sale # Size Rate Net Cost
Of Ad
07/13/14
Sheriff Sale
5761
5.86
$14.29
$ 83.74
07/20/14
Sheriff Sale
5761
5.86
$14.29
$ 83.74
07/27/17
Sheriff Sale
5761
5.86
$14.29
$ 83.74
Notary Fee
$5.00
Digital Penn Live Charge
$ 11.17
TOTAL DUE FOR THIS SALE:
JLC
$ 267.39
LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14
Writ No. 2013-5761 Civil
JPMORGAN CHASE BANK, N.A.
vs.
Ryan M. Zimmerman a/k/a
Ryan Zimmerman
Megan A Dauberman a/k/a
Megan Dauberman
Atty.: Joseph Schalk
By virtue of a Writ of Execu-
tion No. 13-5761 CIVIL. JPMorgan
Chase Bank, National Association
v. Ryan M. Zimmerman a/k/a Ryan
Zimmerman, Megan A. Dauberman
a/k/a Megan Daubennan owner(s)
of property situate in SHIREMANS-
TOWN BOROUGH, CUMBERLAND
County, Pennsylvania, being 153
West Vine Street, Shiremanstown,
PA 17011-6347.
Parcel No. 37-23-0557-168J.
Improvements thereon: RESIDEN-
TIAL DWELLING.
Judgment Amount: $137,893.18.
114
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
. ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 11, July 18 and July 25, 2014
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Coyne, Ed
tor
SWORN TO AND SUBSCRIBED before me this
25 day of July, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO.. CUMBERLAND CNTY
My Commission Expires Apr 28. 2018