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HomeMy WebLinkAbout13-6392 Supreme Court-.of Pennsylvania * f f Cou . COM ", Pleas n For Prothonotary Use Only: ' vOW Y 5 beet CU'MBE ILAN County Docket No: f . The information collected on this form is used solely for court administration purposes. This forin does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: O Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: JPMC SPECIALTY MORTGAGE Lead Defendant's Name: DINO H. RABANAL T LLC I Are money damages requested? El Yes Z No Dollar Amount Requested: El within arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 21 No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff/Appellant's Attorney: John Michael Kolesnik, Esq., Id. No.308877, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: • Slander/Libell Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration $ ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Other: El Medical ❑ Other Professional: P,%R.C.P. 205.5 Updated 01/01/2011 , 2 1OCT 30 � - 0 1 PE'N r NS y " CO N1.4 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 JPMC SPECIALTY MORTGAGE LLC 10790 RANCHO BERNARDO RD COURT OF COMMON PLEAS SAN DIEGO, CA 92127 CIVIL DIVISION Plaintiff V. TERM l n DINO H. RABANAL NO. 50 SEAVERS ROAD NEWVILLE, PA 17241 -9529 CUMBERLAND COUNTY THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108 -1754 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 931967 1. Plaintiff is JPMC SPECIALTY MORTGAGE LLC 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: DINO H. RABANAL 50 SEAVERS ROAD NEWVILLE, PA 17241 -9529 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108 -1754 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/23/2001 DINO H. RABANAL made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1697, Page 123. By Assignment of Mortgage recorded 05/08/2012 the mortgage was assigned to JPMC Specialty Mortgage LLC, which Assignment is recorded in Assignment of Mortgage Instrument No. 201213554. Said Mortgage was modified as set forth in modification agreements dated August 27, 2010 and September 7, 2012, which are unrecorded. 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 JPMC SPECIALTY MORTGAGE LLC 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 #: 931967 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 09/25/2013: Principal Balance $60,248.50 Interest at an adjustable rate from $1,356.00 01/01/2013 through 08/31/2013 Late Charges $112.64 Property Inspections $168.00 Property Preservation $14.00 Appraisal/Brokers Price Opinion $550.00 Escrow Advance $2,385.47 TOTAL $64,834.61 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with File #: 931967 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (A). United States vs. DINO H. RABANAL; CUMBERLAND Docket No. 2009 -4483; Filed 07/06/2009; in the amount of $17,226.61 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $64,834.61, 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 HALL AN, LLP By: J Michael Kolesnik, Esq., Id. No.308877 torney for Plaintiff File #: 931967 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND, together with improvements thereon erected, all situate in the Township of Penn, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the southernmost dedicated right -of -way line of Seaver Road (T -347), said pin marking the common point of adjoiner of Lots #5 and #9 on the hereinafter mentioned plan with said dedicated right -of -way line [said pin also being located for reference purposes only North eighty -nine (89) degrees twenty -eight (28) minutes eighteen (18) seconds East, a distance of fifty and two hundredths (50.02) feet, as measured by said right -of -way line from lands now or formerly of Walter H. Gantz]; thence departing from Lot #5 and extending along the Seaver Road right -of -way line, North eighty -nine (89) degrees twenty -eight (28) minutes eighteen (18) seconds East, for a distance of one hundred sixty -eight and seventy -four hundredths .(168.74) feet to a steel pin on said right -of -way line at Lot #2; thence departing from the Seaver Road right -of -way line and extending along Lot #2, South one (1) degree forty -five (45) minutes zero (00) seconds East, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin Lot #3 on the hereinafter mentioned plan; thence extending along Lot #3, South eighty- nine'(89) degrees twenty -eight (28) minutes eighteen (18) seconds West, for a distance of one hundred sixty -eight and seventy -four hundredths (168.74) feet to a steel pin at Right- of- Way'A', which is part of Lot #5 on the hereinafter mentioned plan; thence extending along said right -of -way and Lot #5, North one (1) degree forty -five (45) minutes zero (00) seconds West, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin set on the southernmost dedicated right -of -way of Seaver Road; said pin marking the place of BEGINNING. File #: 931967 BEING designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon- Graves Company by Mort, Brown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 56, at page 108. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions as set forth in Deed Book 33 -U, page 254. PROPERTY ADDRESS: 50 SEAVERS ROAD, NEWVILLE, PA 17241 -9529 PARCEL #31 -12- 0330 -041. File #: 931967 Y VERIFICATION n , hereby states that he sh is Vice President of JPMC SPECIALTY MORTGAGE LLC, the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. VSent Date: JPMC SPECIALTY MORTGAGE LLC Borrower: RABANAL Property Address: 50 SEAVERS ROAD, NEWVILLE, PA 17241 -9529 County: CUMBERLAND Last Four of Loan Number: 0503 File #: 931967 FORM 1 IN THE COURT OF COMMON PLEAS JPMC SPECIALTY MORTGAGE LLC OF CUMBERLAND COUNTY, PENNSYJ VAf4lA Plaintiff(s)% ` C>A vs. /, c `iK; DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE � ©cox UNITED STATES ATTORNEY FOR THE :� g U MIDDLE DISTRICT OF PA i:�-� ` Defendant(s) divil 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 fireclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the 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 attemli to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and yourlawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. F you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/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? CO-BORROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles ): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2' Mortgage Utilities Car Payment(s) ) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 931967 SHERIFF'S OFFICE OF CUMBERLAND COUNTY tj Ronny R Anderson ;. , tin` , Sheriffl Jody S Smith 2013 HOy 18 PPS 2: 22 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA } r - h E= JPMC Specialty Mortgage LLC Case Number vs. Dino H. Rabanal 2013-6392 SHERIFF'S RETURN OF SERVICE 11/12/2013 07:04 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage o eclosure by "personally" handing a true copy to a person representing themselves t the of ndant, to wit: Dino H. Rabanal at 50 Seavers Road, Penn Township, Newville, PA 17241. SH HA ON, DEPUTY SHERIFF COST: $55.12 SO ANSWERS, November 14, 2013 RbNW R ANDERSON, SHERIFF rG urwSu�;e She;it f.'e t:oscft,....,. • . AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMC SPECIALTY MORTGAGE LLC PH#931967 DEFENDANT SERVICE TEAM/mig , - S-11 t-11 , DINO H.RABANAL COURT NO.: 13-6392-CIVIL THE UNITED STATES OF AMERICA C/O THE UNITED STATES " t '�-,• ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE THE UNITED STATES OF AMERICA C/O THE UNITED TYPE OF ACTION STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure r d'ti MAIN JUSTICE BUILDING XX Civil Action '' 950 PENNSYLVANIA AVENUE,N.W. 'w' WASHINGTON,DC 20530 SERVED Served and made known to THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA,Defendant on the i4klay of X10 I ,20 13,at 1 c�:Co,o'clock A.M.,at 5,Vv j 6 /3 ,-j/ e E ,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). gent or person in charge of Defendant's office or usual place of business. fi/4sFFIn1J 6 2iu7cPW,9S, an officer of said Defendant's company. Other: Description: Age. D r Ieight �'i°-�3 Weight/'T/-2- U Race(' xSex _Other I, J,q-213 15 6t .-S ,a competent adult,being duly sworn according to law,depose and state VII fieponally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,i ssvAn,the1c pffekap ll case on the date and at the address indicated above. t 4 . )ilVv Sworn to and subscri ed , before me this / day FEG.No. o o Z of N()t) - E.V,,iES 12-31 2.U.± 4 ‘ 47 _2" ' v� 0' y: By: �, 1�I�xC NOT SERVED ,,� t �;�• ,�.; 0 e day f ,20_,at o'clock_.M.,I, ,a competent adultti reAy state that Defendant NOT UND because: Vacant _Does Not Exist Moved _Does Not Reside(Not Vacant) No Answer on at , at Service Refused Other: Sworn to and subscribed before me this day of ,20_. By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Melissa J.Cantwell,Esq.,Id.No.308912 Daniel G.Schmieg,Esq.,Id.No.62205 Mario J.Hanyon,Esq.,Id.No.203993 Michele M.Bradford,Esq.,Id.No.69849 John M.Kolesnik,Esq.,Id.No.308877 Judith T.Romano,Esq.,Id.No.58745 Matthew G.Brushwood,Esq.,Id.No.310592 Jenine R.Davey,Esq.,Id.No.87077 Zachary J.Jones,Esq.,Id.No.310721 Lauren R.Tabas,Esq.,Id.No.93337 Justin F.Kobeski,Esq.,Id.No.200392 Jay B.Jones,Esq.,Id.No.86657 Adam Davis,Esq.,Id.No.203034 Andrew L.Spivack,Esq.,Id.No.84439 JOSEPH E.DEBARBERIE,Esq.,Id.No. 315421 One Penn Center at Suburban Station ILEU-OFF1C :. Darrell C. Dethlefs,Esquire 1t}., THE PROTHONOTARY ID#58805 Dethlefs-Pykosh Law Group, LLC 203 DEC I 0 PM (: 30 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 CUMBERLAND COUNTY Fax—(717)975-2309 PENNSYLVANIA ddethlefsaol.com Attorney for Defendant, Dino H. Rabanal JPMC SPECIALTY MORTGAGE, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. : No. 13-6392 DINO H. RABANAL and : CIVIL ACTION THE UNITED STATES OF AMERICA C/O : IN MORTGAGE FORECLOSURE THE UNITED STATES ATTORNEY FOR : THE MIDDLE DISTRICT OF PA Defendants REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant, Dino H. Rabanal, is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant, Dino H. Rabanal, lives in the subject real property, which is Defendant, Dino H. Rabanal's, primary residence; 3. Defendant, Dino H. Rabanal, has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that - ments are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn fal . .catio to - is ' ies. % In- G Darrell C. •"fiefs, Esquire Date Defendant, Dino H. Rabanal's, Counsel / Legal Representative sC =D' . PIQ Dino H. Rabanal ate Defendant Darrell C. Dethlefs,Esquire ID#58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 ddethlefsaol.com Attorney for Defendant, Dino H. Rabanal JPMC SPECIALTY MORTGAGE, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff • v. : No. 13-6392 DINO H. RABANAL and : CIVIL ACTION THE UNITED STATES OF AMERICA C/O : IN MORTGAGE FORECLOSURE THE UNITED STATES ATTORNEY FOR : THE MIDDLE DISTRICT OF PA • Defendants CERTIFICATE OF SERVICES I hereby certify that a copy of the foregoing DEFENDANT, DINO H. RABANAL'S, REQUEST FOR CONCILIATION CONFERENCE, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: JPMC Specialty Mortgage, LLC do John Michael Kolesnik, Esquire Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 The United States of America do The United States Attorney for the Middle District of PA Main Justice Building 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Resp Gtfull- su. iia=r•r- Date: la- 9, - 13 Barrel Dethlefs, Esquire ID # 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant, Dino H. Rabanal JPMC SPECIALTY MORTGAGE, : IN THE COURT OF COMMON PLEAS OF LLC, : CUBERLAND COUNTY, PENNSYLVANIA Plaintiff • vs. : CIVIL ACTION NO. 13-6392 CIVIL DINO H. RABANAL and THE rn r*i rri UNITED STATES OF AMERICA : ' C-3 -' C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE : `"-- ' DISTRICT OF PA, : t - Defendants • xy CASE MANAGEMENT ORDER - tA AND NOW, this day of December, 2013,the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised Conciliation Conference on f-e u /y 026l , at oZ -DO/0.m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, 4 - Kevi , . Hess, P.J. John Michael Kolesnik, Esquire Phelan Hallinan, LLPLLC 1517 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 For the Plaintiff ✓ Darrell C. Dethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 For the Defendant :rlm 0-41302-S rta.�lE iz 'zfaa JPMC SPECIALTY MORTGAGE, : IN THE COURT OF COMMON PLEAS OF LLC, : CUBERLAND COUNTY, PENNSYLVANIA Plaintiff • • vs. : CIVIL ACTION : NO. 13-6392 CIVIL DINO H. RABANAL and THE : UNITED STATES OF AMERICA : C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE : DISTRICT OF PA, • Defendants IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this `Zo day of February, 2014, on agreement of counsel for the parties, the conciliation conference set for February 14, 2014, is continued to Friday, April 4, 2014, at 3:00 p.m. in Chambers of the undersigned. BY THE COURT, • /41t Kevi► A. Hess, P.J. ZTroy Sellars, Esquire uire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff -n F4zi Xichael Pykosh, Esquire zrrl -- 2132 Market Street ry Camp Hill, PA 17011 r For the Defendant .>= p 'r, :rim n 1 I ••^0,0 /1/ JPMC SPECIALTY MORTGAGE, : IN THE COURT OF COMMON PLEAS OF LLC, : CUBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL ACTION : NO. 13 -6392 CIVIL DINO H. RABANAL and THE : UNITED STATES OF AMERICA : C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE : DISTRICT OF PA, Defendants ORDER AND NOW, this 2 "' day of April, 2014, on request of counsel for the plaintiff, which request is unopposed, this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay entered in this case is lifted. BY THE COURT, ✓ D. Troy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff Michael Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 For the Defendant :rim apv J►1 Kevin . Hess, P. n 0:3 PHELAN HALLINAN, LLP r.Cji ''. i7f1; IC's 2 ;' Adam H. Davis, Esq., Id. No.203034 s(l�<�� � � A1,40 CGt',T, 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA- One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMC SPECIALTY MORTGAGE LLC vs. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 13 -6392 -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 DINO H. RABANAL, 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 $64,834.61 TOTAL $64,834.61 I hereby certify that (1) the Defendant's last known address is 50 SEAVERS ROAD, NEWVILLE, PA 17241-9529, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date t5/7//it Adam H. Davis, Esq., Id. No.203034 Attorney Mr Plair • f 00. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 5lAI) 7 PH # 931967 PROTHONOTARY Goti+sIl'.Shada tti 31967 g-4-ssFcci 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 21.5-563-7000 JPMC SPECIALTY MORTGAGE LLC vs. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION DINO H. RABANAL THE UNITED STATES OF AMERICA . C/O THE UNITED STATES ATTORNEY : FOR THE MIDDLE DISTRICT OF PA . No. 13 -6392 -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) DINO H. RABANAL is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant DINO H. RABANAL is over 18 years of age and resides at 50 SEAVERS ROAD, NEWVILLE, PA 17241-9529. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date (5/7/& � �' `� VjXl�-- 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 931967 Department of Defense Manpower Data Center Results as of : May -07-2014 12:09:43 AM SCRA 3.0 Status Report Pursuant to Serviceru.embers Civil, Relief Act - Last Name: RABANAL First Name: DINO Middle Name: H Active Duty Status As Of: May -07-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - . No -�. NA - - This response reflects the individuals active duty status based On"the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA -- ' NA -. - -- No NA This response reflects where the.individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duly on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA • ' NA 1 - - � _ - :No • NA This response reflects whether the individual'or his/her unit has received early hotification to report for active duty Upon searching the data banks of the Department of Defense Manpower, Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Selroices (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 JPMC SPECIALTY MORTGAGE LLC Plaintiff v. DINO H. RABANAL THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) TO: DINO H. RABANAL 50 SEAVERS ROAD NEWVJLLE, PA 17241-952) DATE OF NOTICE:. 16 1_ COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -6392 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 931967 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 Justin F f Kobeski, Esq., Id. No.200392 Attarne% for Plaintiff Phelan al inan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JPMC SPECIALTY MORTGAGE LLC Plaintiff v. DINO H. RABANAL THE UNITED STATES OF AMERICA CIO THE UNI 1'ED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) TO: DINO H. RABANAL C/O MICHAEL J. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 1.3 -6392 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE :SLE, PA 17013 717) 249-3166 Justin Kr° eski, Esq., Id. No.200392 Atto y for Plaintiff Phela Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedure No. 236) - Revised JPMC SPECIALTY MORTGAGE LLC : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS DINO H. RABANAL THE UNITED STATES OF AMERICA : CIVIL DIVISION C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA : No. 13 -6392 -CIVIL Notice is givengithat a Judgment in the above captioned matter has been entered against you on JI8 I�� . If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 *X THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * 931967 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMC Specialty Mortgage LLC Plaintiff v. Dino H. Rabanal Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 13 -6392 -CIVIL CUMBERLAND COUNTY $64,834.61 Interest from 05/09/2014 to Date of Sale $1,257.88 ($10.66 per diem) TOTAL $66,092.49 Note: Please attach description of property. PH # 931967 ytx,40st 0F. 6 rpJ t(›6 caF )0t.is 11 lu)oo(tii rac) s• Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff t:as1,10- do- Co:1-11-/IPsYq - LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND, together with improvements thereon erected, all situate in the Township of Penn, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the southernmost dedicated right-of-way line of Seaver Road (T-347), said pin marking the common point of adjoiner of Lots #5 and #9 on the hereinafter mentioned plan with said dedicated right-of-way line [said pin also being located for reference purposes only North eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) seconds East, a distance of fifty and two hundredths (50.02) feet, as measured by said right-of-way line from lands now or formerly of Walter H. Gantz]; thence departing from Lot #5 and extending along the Seaver Road right-of-way line, North eighty-nine (89) degrees twenty- eight (28) minutes eighteen (18) seconds East, for a distance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin on said right-of-way line at Lot #2; thence departing from the Seaver Road right-of-way line and extending along Lot #2, South one (1) degree forty-five (45) minutes zero (00) seconds East, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin at Lot #3 on the hereinafter mentioned plan; thence extending along Lot #3, South eighty-nine (89) degrees twenty- eight (28) minutes eighteen (18) seconds West, for a distance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin at Right -of -Way 'A', which is part of Lot #5 on the hereinafter mentioned plan; thence extending along said right-of-way and Lot #5, North one (1) degree forty-five (45) minutes zero (00) seconds West, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin set on the southernmost dedicated right-of-way of Seaver Road; said pin marking the place of BEGINNING. CONTAINING 1.220 acres and being designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon -Graves Company by Mort, Brown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 56, page 108. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions as set forth in Deed Book 33-U, page 254. TITLE TO SAID PREMISES IS VESTED IN Dino H. Rabanal, by Deed from Dino H. Rabanal and Lee Ann Rabanal, h/w, dated 11/21/2000, recorded 04/30/2001 in Book 243, Page 630. PREMISES BEING: 50 Seavers Road, Newville, PA 17241-9529 PARCEL NO. 31-12-0330-041. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net JPMC SPECIALTY MORTGAGE LLC Vs. DINO H. RABANAL WRIT OF EXECUTION NO 13-6392 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $64,834.61 L.L.: $.50 Interest FROM 5/9/2014 TO DATE OF SALE ($10.66 PER DIEM) - $1,257.88 Atty's Comm: Due Prothy: $2.25 Atty Paid: $203.87 Other Costs; Plaintiff Paid: Date: 5/8/14 (Seal) REQUESTING PART': Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 David D. Buell, Prothonotary By: Deputy PHELAN HALLINAN, LLP Adam H. Davis, Esq., ld. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 (T. •!t L 't't to' iVi3ERL AV.° COUilT" PEIVSYLW\H1P, Attorneys for Plaintiff JPMC Specialty Mortgage LLC : COURT OF COMMON PLEAS Plaintiff v. Dino H. Rabanal Defendant(s) CERTIFICATION : CIVIL DIVISION : NO.: 13 -6392 -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 (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff JP' 1C Specialty Mortgage LLC 10#Plaintiff v. Dino H. Rabanal Defendant(s) Gly CUK3ERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -6392 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMC Specialty Mortgage LLC, 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 50 Seavers Road, Newville, PA 17241-9529. l . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Dino H. Rabanal 50 Seavers Road Newville, PA 17241-9529 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Dino H. Rabanal 50 Seavers Road Newville, PA 17241-9529 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) Transamerican Financial Consumer Discount 2555 Kingston Boulevard Company Suite 140 C/O Transamerica York York, PA 17402 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) Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building PH # 931967 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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) Penn Hills Homeowners Association 2429 Lexington Circle State College, PA 16801 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Dino H. Rabanal 50 Seavers Road Newville, PA 17241-9529 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 2132 Market Street c/o Michael J. Pykosh, Esquire Camp Hill, PA 17011 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: s/77/1 By: sem/ 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 PH # 931967 JPMC Specialty Mortgage LLC Dino H. Rabanal : COURT OF COMMON PLEAS sell ''L7,:. ;3 LAND cou;,j j .,Plaintiff : CIVIL DIVISION r Ei'NSYI_VAH!A. vs. : NO.: 13 -6392 -CIVIL Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dino H. Rabanal 50 Seavers Road Newville, PA 17241-9529 **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 50 Seavers Road, Newville, PA 17241-9529 is scheduled to be sold at the Sheriff's 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 $64,834.61 obtained by JPMC Specialty Mortgage LLC (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 1• - LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND, together with improvements thereon erected, all situate in the Township of Penn, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the southernmost dedicated right-of-way line of Seaver Road (T-347), said pin marking the common point of adjoiner of Lots #5 and #9 on the hereinafter mentioned plan with said dedicated right-of-way Iine [said pin also being located for reference purposes only North eighty-nine (89) degrees twenty-eight (28) minutes eighteen (18) seconds East, a distance of fifty and two hundredths (50.02) feet, as measured by said right-of-way line from lands now or formerly of Walter H. Gantz]; thence departing from Lot #5 and extending along the Seaver Road right-of-way line, North eighty-nine (89) degrees twenty- eight (28) minutes eighteen (18) seconds East, for a distance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin on said right-of-way line at Lot #2; thence departing from the Seaver Road right-of-way line and extending along Lot #2, South one (1) degree forty-five (45) minutes zero (00) seconds East, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin at Lot #3 on the hereinafter mentioned plan; thence extending along Lot #3, South eighty-nine (89) degrees twenty- eight (28) minutes eighteen (18) seconds West, for a distance of one hundred sixty-eight and seventy-four hundredths (168.74) feet to a steel pin at Right -of -Way 'A', which is part of Lot #5 on the hereinafter mentioned plan; thence extending along said right-of-way and Lot #5, North one (1) degree forty-five (45) minutes zero (00) seconds West, for a distance of three hundred fifteen and no hundredths (315.00) feet to a steel pin set on the southernmost dedicated right-of-way of Seaver Road; said pin marking the place of BEGINNING. CONTAINING 1.220 acres and being designated as Lot #9 on a final plan of subdivision of Penn Hills prepared for Harmon -Graves Company by Mort, Brown and Associates, dated September 29, 1988, and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 56, page 108. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions as set forth in Deed Book 33-U, page 254. TITLE TO SAID PREMISES IS VESTED IN Dino H. Rabanal, by Deed from Dino H. Rabanal and Lee Ann Rabanal, h/w, dated 11/21/2000, recorded 04/30/2001 in Book 243, Page 630. PREMISES BEING: 50 Seavers Road, Newville, PA 17241-9529 PARCEL NO. 31-12-0330-041. SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -6392 -CIVIL JPMC Specialty Mortgage LLC v. Dino H. Rabanal owner(s) of property situate in PENN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 50 Seavers Road, Newville, PA 17241-9529 Parcel No. 31-12-0330-041. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $64,834.61 Attorneys for Plaintiff Phelan Hallinan, LLP Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 l ,E Al:'!i R `� 10ALT:TORNEY FOR PLAINTIFF 208.4;1716 BERL AND NNSYLV COT'' JPMC SPECIALTY MORTGAGE LLC Plaintiff v. DINO H. RABANAL THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6392 -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 30, 2013. 2. Judgment was entered on May 8, 2014 in the amount of $64,834.61. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 3, 2014. 931967 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 3, 2014 Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Escrow to be Paid Prior Escrow Deficit $60,248.50 $3,406.72 $1,650.00 $678.37 $224.00 $625.25 $2,365.96 $2,626.74 TOTAL $71,825.54 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". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered a Conciliation Conference Outcome Order dated April 2, 2014. 931967 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP han M. Etkowicz, Esquire TTORNEY FOR PLAINTIFF 931967 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 JPMC SPECIALTY MORTGAGE LLC Plaintiff v. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6392 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DINO H. RABANAL 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 50 SEAVERS ROAD, NEWVILLE, PA 17241-9529. 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 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 931967 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 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 931967 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 fmancial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 931967 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 Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 931967 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 931967 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the 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 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. 931967 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These -services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 931967 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs 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: 6/10y By: Phelan Hallinan, LLP Jonat'n M. Etkowicz, Esquire Attorney for Plaintiff 931967 Exhibit "A" 931967 . PHELAN HALLINAN, LLP I - `7;.+; IC: :7' Adam H. Davis, Esq., Id. No.203034;;(ll i>ERE AND CCU`' 1•- 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA' One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMC SPECIALTY MORTGAGE LLC vs. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -6392 -CIVIL FOR THE MIDDLE DISTRICT OF. PA • 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 DINO H. RABANAL, 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 $64,834.61 TOTAL $64,834.61 I hereby certify that (1) the Defendant's last known address is 50 SEAVERS ROAD, NEWVILLE, PA 17241-9529, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date k5/77/i- Adam H. Davis, Esq., Id. No.203034 Attorney for Plai �4'P.la DAMA-GES ARE -HEREBY ASSESSED AS INDICATED. DATE: l?Jj&t PH # 931967 f J PROTHONOTARY Pi PSY 31967 sabSS9 Exhibit "B" 931967 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 2, 2014 MICHAEL J. PYKOSH 2132 MARKET STREET CAMP HILL, PA 17011 DINO H. RABANAL 50 SEAVERS ROAD NEWVILLE, PA 17241-9529 RE: JPMC SPECIALTY MORTGAGE LLC v. DINO H. RABANAL and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Premises Address: 50 SEAVERS ROAD NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 13 -6392 -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 6/7/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. n M.-I?tkowi z. Esq., Id. No.208786 )< for Plaintiff 931967 Name and Address Of Sender Phelan Hallinan, LLP 111110 1617 !FI( Boulevard, Suite 1400 One Penn Center Plaza Philadel.hia, PA 1910 Article Number Total Number of Pieces Listed by Sender Name of Addressee, Street, and Post Office Add JOHress DINO H. RABANAL 50 SEAVERS ROAD NEWVILLE, PA 17241-9529 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA MAIN JUSTICE BUILDING 950 PENNSYLVANIA AVENUE, N.W. WASHINGTON DC 20530 Michael J. Pykosh 2132 MARKET STREET CAMP HILL, PA 17011 RE: DINO H. RABANAL CUMBERLAND PR # 931967/1200 Pa:elofl orm 3877 Facsimile Post. e 50.47 50.47 $0,47 The fun declaration of value is required on all domestic and international registered mail. The maximum indemnity for rho reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is S50,000 per piece subject to a limit of S500,000 payable subject indemnity per occurrence, The maximum indemnity payabk on Express Mail merchandise is 5500. imia t o is 525,000 for registered mail, sent Wrath optional insurance See Domestic Mail Manual R900h5913 and S921 for limitations oSf COVer5,000 e, 931967 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 JPMC SPECIALTY MORTGAGE LLC Plaintiff v. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6392 -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. MICHAEL J. PYKOSH 2132 MARKET STREET CAMP HILL, PA 17011 DINO H. RABANAL 50 SEAVERS ROAD NEWVILLE, PA 17241-9529 DATE: Bv: Phelan Hallinan, LLP Jonat ATT . Etkowicz, Esquire Y FOR PLAINTIFF 931967 PLAINTIFF JPMC SPECIALTY MORTGAGE LLC AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 931967 SERVICE TEAM/ lxh COURT NO.: 13 -6392 -CIVIL DEFENDANT DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE DINO H. RABANAL AT: 50 SEAVERS ROAD NEWVILLE, PA 17241-9529 SERVED Served and made known to DINO H. RABANAL, Defendant on the on day of //1 , 20 14 , atm s: o U , o'clock . M., at 5'0 5Ei}vFRS RD, NEW%II LAI, P4 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: Description: Age Height 51Weight 240 Race W Sex !V ` Other Ronald MO I, 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 ' - penalties of 18 Pa. CS. Sec. 4904 relating to unsworn falsification to authorities. TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 +M 1L c) DATE:J�d`t4(f- NAME: ROI laid Moll PRINTED NAME: Process Server TITLE: NOT SERVED On the day of,20 , at o'clock . M., I, , a competent adult hereby state that Die enchant NOT FOUND ecause: _ 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 tom✓ Y 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMC SPECIALTY MORTGAGE LLC Plaintiff v. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AND NOW, this Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6392 -CIVIL day of 9 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. co7;es J. akower-2- 0-14ykorl, IJiuD .11741L 1.1/ 4.11 .C" F 1,. -r; 931967 rt<(than M. Etkowicz, Esq., ld. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ICHAEL J. PYKOSH 2132 MARKET STREET CAMP HILL, PA 17011 H. RABANAL 50 SEAVERS ROAD NEWVILLE, PA 17241-9529 2. IQE 172-b /q 931967 931967 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMC SPECIALTY MORTGAGE LLC Plaintiff vs. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6392 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 16, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MICHAEL J. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 DINO H. RABANAL 50 SEAVERS ROAD NEWVILLE, PA 17241-9529 DATE aza By: Phelan H....'nan, LL Just] . . Ko eski, Esq., Id. No.200392 A rney for Plaintiff ry CS, 931967 - L Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.2 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.co 215-563-7000 HE ROT/ONO TA Z�1� JUL 10 !03 0 ,7 A i41 ORNEY FOR PLAINTIFF umt3ERLMNO COUNTY PENNS YL@NIA m JPMC SPECIALTY MORTGAGE LLC Plaintiff vs. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6392 -CIVIL MOTION TO MAKE RULE ABSOLUTE JPMC SPECIALTY MORTGAGE LLC, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on June 12, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about June 16, 2014 directing the Defendants to show cause by July 6, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on June 26, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of July 6, 2014. 931967 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 7/q,ya alln. LLP Bv: Jonath Atto 3 . Etkowicz, Esq., Id. No.208786 ley for Plaintiff 931967 Exhibit "A" 931967 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMC SPECIALTY MORTGAGE LLC Plaintiff V. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6392 -CIVIL AND NOW, this ji..4L- day of ii.44.)€ 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. BY THE COURT 931967 Jonathan M. Etkorvicz Esq., Id. No.208786 Phelan Nallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 MICHAEL J. PYKOSH 2132 MARKET STREET CAMP HILL, PA 17011 DINO H.-RA$ANAL 50 SEAVERS ROAD NEWVILLE, PA 17241-9529 31967 931967 Exhibit "B" 931967 Phelan Hallinan, LLP. Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMC SPECIALTY MORTGAGE LLC Plaintiff vs. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6392 -CIVIL ATTORNEY FILE COPY PLEASE RETURN CERTIFICATION OF SERVICE --" V COPY I hereby certify that a true and correct copy of the Court's June 16, 2014 Rule- jng the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MICHAEL J. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 DINO H. RABANAL 50 SEAVERS ROAD NEWVILLE, PA 17241-9529 D TE aza By: Ji asli Kljeski, Esq., Id. No.200392 A rney for Plaintiff 931967 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 JPMC SPECIALTY MORTGAGE LLC Plaintiff vs. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6392 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. MICHAEL J. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 DINO H. RABANAL 50 SEAVERS ROAD NEWVILLE, PA 17241-9529 DATE: itg By: Jo :n M. Etkowicz, Esq., Id. No.208786 At -y for Plaintiff Phlina 931967 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMC SPECIALTY MORTGAGE LLC Plaintiff vs. DINO H. RABANAL THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants Court of Common Pleas Civil Division CUMBERLAND Cour No.: 13-6392-CIVIIZ' ORDER AND NOW, this / `/' day of 91,4,+77 , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and. DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through September 3, 2014 Legal fees Cost of Suit and. Title Property Inspections Appraisal/Brokers Price Opinion Escrow to be Paid Escrow Deficit TOTAL Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. $60,248.50 $3,406.72 $1,650.00 $678.37 $224.00 $625.25 $2,365.96 $2,626.74 $71,825.54 COT 1 ES 1 Jvicepg fiz. tyk.aA 931967 y PHELAN HALLINAN,LLP Attorney for Plaintiff JvL 29 Adam H.Davis,Esq.,Id.No.203034 'Q"fSERL '. 1617 JFK Boulevard,Suite 1400 Pcjy�S,4 Ya ou One Penn Center Plaza L Y/,4 Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMC SPECIALTY MORTGAGE LLC CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION DINO H.RABANAL No.: 13-6392-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY SS: As required by Pa. R.C.P.3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". 6-Z Adam H.Davis,Esq.,Id.No.203034 Date: ZI Z Vnr Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may no 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#931967 kms- , ,u 51 Ag 1 � Mw S �' •v. MKI Vol, Of ,r�� v " �\ '� •*. i Ate.Amoo- QI TOR A Ila TIMM s ya 9 r ? v s � �Vt - ;� 'bks ,;3.fis��,� � wr �...�s". a • \ �a Ot y � � �� � � �'�' 'fir rr• �. � IM - � y . topic, _ 1 t c, a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r' t .r� f NJt't-1F. Sheriff „Ar di c 441 11,/irerd i t- t ,iii IjO ' id °; ; Jody S Smith Chief Deputy �ww ra :CH Richard W Stewart i✓ f �tG L.2� �� Solicitor Orr!Or: r I' S ER cF PENNSYLVANIA' JPMC Specialty Mortgage LLC Case Number vs. Dino H. Rabanal 2013-6392 SHERIFF'S RETURN OF SERVICE 06/19/2014 08:10 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 50 Seavers Road, Penn Township, Newville, PA 17241, Cumberland County. 06/19/2014 08:10 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 the Defendant, to wit: Dino H. Rabanal at 50 Seavers Road, Penn Township, Newville, PA 17241, Cumberland County. 08/27/2014 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: $692.69 SO ANSWERS, August 28, 2014 RONN R ANDERSON, SHERIFF a.aSpl. r- - PI' 92739 Iµ 31a32 (ei CountySir e Sheriff.'i eleeseft,lcc. E On May 20, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Known and numbered as, 50 Seavers Road, Newville as Exhibit "A" filed with this Writ and by this Reference incorporated herein. (Date: May 20, 2014 L 1� t tJ CJ•7 r By: 41.� 4 Real Estate Coordinator • • LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2013-6392 Civil • JPMC SPECIALTY MORTGAGE LLC • vs. DINO H. RABANAL Atty.:Joseph Schalk By virtue of a Writ of Execution No. 13-6392-CIVIL. JPMC Specialty Mortgage LLC v. Dino H. Rabanal owner(s)of property situate in PENN TOWNSHIP,CUMBERLAND County, Pennsylvania, being 50 Seavers Road,Newville, PA 17241-9529. Parcel No. 31-12-0330-041. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount: $64,834.61. 83 The Patriot-News Co. 1900 Patriot Drive a rlo ews Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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. 2013-6392 Civil Term JPMC SPECIALTY This ad ran on the date(s)shown below: MORTGAGE LLC vs. 07/13/14 DINO H.RABANAL 07/20/14 Atty:Joseph Schalk 07/27/14 By virtue of a Writ of Execution No. 13-6392-CIVIL (51 .-*/ JPMC Specialty Mortgage LLC ! . . v. Dino H.Rabanal owner(s)of property situate in PENN Sworn to and ubs ed before me this 20 day of August, 2014 A.D. TOWNSHIP, Cumberland County, � Pennsylvania,O Seavers being , 50 Seavers Road,Nevwille,PA 17241CA - 9529 Notary Public ill Parcel No.31.12-0330-041. (Acreage or street address) COMMONWEALTH OF PENNSYLVANIA Improvements thereon: NOTARIAL SEAL RESIDENTIAL DWELLING Sheryl Made Leggore,Notary Public Judgment Amount:$64,834.61 Hampden Twp.,Cumberland County My Commission Expires July 16,2018 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES 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, ofthe 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. is Marine, ditor SWORN TO AND SUBSCRIBED before me this 25 da of July, 2014 Notary COMMONWEALTH OF PENNSYLVANIA • NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.,CUMBERLAND CNTY My Commission Expires Apr 28,2018