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Home My WebLink About14-0216 Supreme Court of Pennsylvania Cou,r Comm o:Ili Pleas For Prothonotary Use Only: Civil ovelk, S eet County Docket No: The information collected on this form is used ,solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other a ers as required by law or rules of court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: JPMORGAN CHASE BANK, Lead Defendant's Name: LEONARD HAYES T, NATIONAL ASSOCIATION I Are money damages requested? El Yes 9 No Dollar Amount Requested: El within arbitration limits U (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, 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/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: U ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01101 /2011 CF TAI PIRO 1 B oFFICE UNG TAR ` 2014 JAN —8 pli is 28 CUP BERLAN[) COUNTY P ENNSYLVANIA PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215 -563 -7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS 1111 POLARIS PARKWAY COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff TERM NO. LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD CUMBERLAND COUNTY MECHANICSBURG, PA 17055 -5310 WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055 -5310 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 938707 i C 1C� 13831; I . Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055 -5310 WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055 -5310 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 05/22/2006 LEONARD HAYES and WENDY HAYES made, executed and delivered a mortgage upon the premises hereinafter described to JPMORGAN CHASE BANK, N.A. , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1951, Page 3872.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves JPMORGAN CHASE BANK, NATIONAL ASSOCIATION from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2013 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 File #: 938707 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 12/11/2013: Principal Balance $158,553.18 Interest from $7,878.15 03/01/2013 through 11/30/2013 Late Charges $141.36 Property Inspections $28.00 Escrow Advance $3,308.09 TOTAL $169,908.78 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). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $169,908.78, 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. File #: 938707 PHELAN HALLINAN, LLP By: A Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff File #: 938707 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the southern line of Grandia Flora Drive (60 feet wide), which said point is in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 3 and 4 on said Plan, South 09 degrees 04 minutes 05 seconds East, 135.00 feet to a point in the northern line of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence along the northern line of Lot No. 2 on said Plan, South 80 degrees 55 minutes 55 seconds West, 92.00 feet to a point marked by a monument in the eastern line of Rosegarden Boulevard South (50 feet wide); thence along the eastern line of Rosegarden Boulevard South, North 09 degrees 04 minutes 05 seconds West, 110.00 feet to a point; thence by same in a northeasterly direction by the arc of a circle curving to the right, said circle having a radius of 25.00 feet, for the arc distance of 39.27 feet to a point marked by a monument in the southern line of Grandia Flora Drive, aforesaid; thence along the southern line of Grandia Flora Drive, North 80 degrees 55 minutes 55 seconds East, 67.00 feet to a point in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots, first above mentioned, at the point and place of BEGINNING. BEING Lot No. 3, Block'F', on the Plan of Rosegarden, Section 3, which said Plan is recorded in Cumberland County Recorder's Office in Plan Book No. 38, Page 146. HAVING THEREON ERECTED a dwelling known and numbered as 2733 South Rosegarden Boulevard, Mechanicsburg, Pennsylvania. File #: 938707 PROPERTY ADDRESS: 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055 -5310 PARCEL #42 -31- 2153 -156 File #: 938707 VERIFICATION hereby states that h /she Vice President of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 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. Vice Presi ent Date: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Borrower: HAYES Property Address: 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055 -5310 County: CUMBERLAND Last Four of Loan Number: 9625 File #: 938707 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 #: 938707 FORM 1 IN THE COURT OF COMMON PLEAS r .,, JPMORGAN CHASE BANK, NATIONAL OF CUMBERLAND COUNTY, PENNSYPIA ASSOCIATION Plaintiff(s)�"«». t -- CO CP VS. .L .T. LEONARD HAYES �c WENDY HAYES () 1 1 Defendants 1 Civil .< NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be albe to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Coot within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangenents with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial woksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation 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: l b bb! Date Jonathan Lobb, Esq., Id. No.312174 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/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: -- 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 nd 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff kk 4 0taEd1:&rr�rr f ' Jody S Smith ., Chief Deputy . . `1 ! Richard W Stewart y , F'° µ Solicitor N N Y LYA I JPMorgan Chase Bank, National Association vs. Case Number Leonard Hayes(et al.) 2014-216 SHERIFF'S RETURN OF SERVICE 01/10/2014 02:50 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Leonard Hayes, husband,who accepted as"Adult Person in Charge"for Wendy Hayes at 2733 S. Rosegarden Boulevard, Upper Allen, Mechanicsburg, PA 17055. Wier A!' UTS T".EPUTY 01/10/2014 02:50 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Leonard Hayes at 2733 S. Rosegarden Boulevard, Upper Allen, Mechanics_,. -A 17055. morW —~' - TSB , I -UTY SHERIFF COST: $55.30 SO ANSWERS, January 13, 2014 RONNK ANDERSON, SHERIFF uti- n6�rff, r . ._... F1. ED -;? 'ri cE PHELAN HALLINAN, LLP LIF �l p'�O rf f i D. Troy Sellars, Esq., Id. No. 2103dls 126 Locust Street _ 5 I I. PA 17101U�p�f;4��D Harrisburg, pEN��S �, FH �QU��rY' Sy 215-563-7000 x 1360 VANIA Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION 1111 POLARIS PARKWAT Civil Division COLUMBUS, OH 43240 No. 14 -216 -CIVIL Plaintiff v. Cumberland County LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, JPMorgan Chase Bank, National Association (hereinafter "Plaintiff"), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On January 8, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due April 1, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On January 10, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 938707 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendants may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendants must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: 512-/ y BY: 938707 Respectfully submitted, PHELAN HL 1AN, LLP D. Troy Sears, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 , ' Jonathim.Lobb@pholanhallinan.com 215-563-7000 JPMOROAN CHASE BANK, NATIONAL • :_.. 1014 JAN -8 P!1 =21 C p'MYtva iA TY ATTORNEY FOR PLAINTIFF ASSOCIATION COURT OF COMMON PLEAS 1111 POLARIS PARKWAY COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff TERM v. /_ NO. jL/ /(.J �(!j LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD CUMBERLAND COUNTY MECHANICSBURG, PA 17055-5310 WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE vv� „y dI;tUB and Fite#: 938701 \TTORNEY FILE COP( PLEASE RETURN JPMORGAN CHASE BANK, NATIONAL ASSOCIATION V5, LEONARD HAYES WENDY HAYES Plaintiff(s) FORM 1 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home, If you own and live in the residential property which is the subject of this foreclosure action, you may be aloe 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) stays of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2434400 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 representaiive 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 canbe 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 Cotrt within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet With a representative of your lender in an attempt to work out reasonable arrangenents with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to he 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 nil requested financial information su.thnt' a loan resolution proposal can be prepared on your behalf. if you and your lawyer complete a financial wokshect In the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which. must be filed within sixty (60) days of 'the service upon you of the foreclosure complaint. If you do so and a conciliation onference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IP YOU WISH TO SAVE YOUR HOME, YOU MUST QCT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Date Respectfully submitted: Jonathan Lobb, Esq.,, Id. No.312174 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST" POR HARDSHIP ASSISTANC 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; Borrower name(s): Property .Address: City: Is the property for sale? Yes Realtor Name: Borrower Occupied? Stale: Zip: Mailing Address (if different): Listing date: Price: $ Realtor Phone: Yes El No City: Phone Numbers: Home: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: Cell: State: Office: Zip: Other: How long?... State: Zip: • Home: Office: Cell: Other: # of people in household: How long? 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: Primajy Reason for Default: is the loan in Bankruptcy? Yes LJ No LJ If yes, provide names, location of court, case number & attorney; Assets AmouniOwed: Value: Home: $ $ Other Real Estate: $ S. Retirement Funds: $ $ Investments: $ $ Checking: $ $, Savings: $ . $ Other: $ $ ._ Automobile #1 : Model: . Year: Amount owed: Value: • Automobile #2: Model: Year:.. Amount owed: Value: Other- transportation •(Automoi2iles, boats; motorcycles Model: Year: Amount owed:____ ��alue Monthly Income Name of Employers: I . 'Monthly Gross Monthly Net 2, Monthly Gross Monthly Net 3. Monthly Gross • Monthly Net Additional Income Description (not wages): I . monthly amount: 2, monthly amount: Borrower Pay Days: Co -Borrower Pay Days:. Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE _ ,AMOI"LN'l' EXPENSE AMOUNT Mors ;n ;e Food 7? moil iii. Utilities ,i1 Car Vnynxtnt(K) Condo/Neigh. Fees Med. not covered) ' Auto Insurance Auto fuel/repairs Other pros. payment Cable TV Install. Loan Payrncnt Child Suppuii/AJim, Spending Money Other Expenses Day/Child Care/Tuit. .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: Phone (Office): , Fax: Counselor: t Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (II:EMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: _ Have yon had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes E1 No C] 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; 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 Uwe 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 arc 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. THISOFFICE.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 0; 938707 I. - Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 2, The name(s) and last known address(es) of the Defendant(s) are: LEONARD HAYES 2733 SOUTHROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 'WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG., PA 17055-5310 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 05/22/2006 LEONARD HAYES and WENDY HAYES made, executed arid delivered a mortgage upon the premises hereinafter described to JPMORGAN CHASE BANK, N.A. , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County; in Book 1951, Page 3872.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. I 019(g); which Rule relieves JPMORGAN CHASE BANK, NATIONAL ASSOCIATION from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5,., The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2013 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 Filc, ,)38707: 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 12/11/2013.: Principal Balance Interest from 03/01/2013 through 11/30/2013 Late Charges Property Inspections Escrow Advance TOTAL $158,553.18 $7,878.15 $141.36 $28.00 $3,308.09 $169,908.78 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). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $169,908.78, 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. Filc I: 938707 PHELAN HALLINAN, LLP 13y: A. ,7 JortAffn 1-olb, Esq., Id. No.3 2174 Attorney for Plaintiff File. th 938707 LEGAL DESCRIPTION ALL THAT'CERTA1N lot of ground situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the southern line of Grandia Flora Drive (60 feet wide), which said point is in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 3 and 4 on said Plan, South 09 degrees 04 minutes 05 seconds East, 135.00 feet to a point in the northern line of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence along the northern line of Lot No. 2 on said plan, South 80 degrees 55 minutes 55 seconds West, 92.00. feet to a point marked by a monument in the eastern line of Rosegarden Boulevard South (50 feet wide); thence along the eastern line of Rosegarden Boulevard South, North 09 degrees 04 minutes 05 Seconds West, 11.0.00 feet to a point; thence by Same in a northeasterly direction by the arc of a circle curving to The right, said circle having d radius of 25.00 feet, for the arc distance of 39.27 feet to a point marked by a monument in the southern line of Grandia Flora Drive, aforesaid; thence along the southern line of Grandia Flora Drive, North 80 degrees 55 minutes 55 seconds East, 67.00 feet to a point in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots, first above mentioned, at the point and place of BEGINNING. BEING Lot No. 3, Block 'F', on the Plan of Rosegarden, Section 3, which said Plan is recorded in Cumberland County Recorder's Office in Plan Book No. 38, Page 146. HAVING THEREON ERECTED a dwelling known and numbered as 2733 South Rosegarden Boulevard, Mechanicsburg, Pennsylvania. the ii: 938707 PROPERTY ADDRESS: 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310 PARCEL #42-31-2153-156 File #: 938707 VERIFICATION hereby states that /shA Vice President of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 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. V tbe Pm.; Date: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Borrower: HAYES Property Address: 2733 SOUTH ROSEGARDEN BOULEVARD, MECFIANICSBURG, PA 17055-5310 County: CUMBERLAND Last Four of Loan Number: 9625 FiI 9387C7 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUN 1 Y off(CC of Ng St/OW JPMorgan Chase Bank, National Association Case Number vs. 2014-218 Leonard Hayes (et al.) SHERIFF'S RETURN OF SERVICE 01/10/2014 02:50 PM - Deputy Shawn Gutshail, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Leonard Hayes, husband, who accepted as "Adult Person In Charge" for Wendy Hayes at 2733 S. Rosegarden Boulevard, Upper Allen, Mechanicsburg, PA 17055. 01/10/2014 02:50 PM - Deputy Shawn Gutshali, being duly sworn according to' law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit Leonard Hayes at 2733 S. Rosegarden Boulevard, Upper Allen, Mechanics_ •• A 17055. ,0911110 SHERIFF COST: $55.30 SO ANSWERS, January 13, 2014 RONNY R ANDERSON, SHERIFF L'a'! •JU.' :1' i•.' , a . • ,'c C J ' r . . s ' ' 14.3 IC enc.)V' .n .. .' i^r ' " r, ' o L i[ ) ' .: 1.. L c .. �:: ..i - . - L rn • �, r (G Coun(ySWu SMdH, TN[osoft. (AG PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION 1111 POLARIS PARKWAT Civil Division COLUMBUS, OH 43240 No. 14 -216 -CIVIL Plaintiff v. Cumberland County LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 Defendants CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 Date: S/�1/y By: 938707 ei& D. Troy S ars, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION 1111 POLARIS PARKWAT Civil Division COLUMBUS, OH 43240 No. 14 -216 -CIVIL Plaintiff v. Cumberland County LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 Defendants ORDER AND NOW, this r day of MO) , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. c c :e✓L onard Hayes endy Hayes —Er. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 41 938707 ( Pat "aL S' /15t y /I51IELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 �1JEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 -''WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 filbtt5c4. stoq 938707 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 J onathan. Lobb @phel anhall inan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. LEONARD HAYES WENDY HAYES • L..+' .1.- THE2UIP,W1-1-1`,1,101-Ai JUN 17 Ali IC: 3 7 CUMBERLAND COUNTY' PENNSYLVANIA Attorney for Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -216 -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 LEONARD HAYES and WENDY HAYES, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $169,908.78 $169,908.78 I hereby certify that (1) the Defendants' last known address is 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Gi/Cti(ti Jo an Lobb, Esq., Id. No.312174 A o -ney foIaint DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Le 1:1 V -t PH # 938707 PROTHONOTARY ckwck s‘u.cAkik, etiar i4'C1() 938707 44_ 0073-7c1 (Actile.1 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. LEONARD HAYES WENDY HAYES Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -216 -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) LEONARD HAYES and WENDY HAYES are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant LEONARD HAYES is over 18 years of age and resides at 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310. (c) that defendant WENDY HAYES is over 18 years of age and resides at 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date l(Lt Ph . n Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 938707 Department of Defense Manpower Data Center Results as of : Jun -16-2014 12:08:08 AM SCRA 3.0 Stag Report Pursuant to Servicetnembers Civil Relief Act Last Name: HAVES First Name: WENDY Middle Name: Active Duty Status As Of: Jun -16-2014 OnActive 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 duly status within 367 days preceding the Active Duty Status Date The Member or HisfHer Unit Was Notified of a Putu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA .NA - - . No NA This response reflects whethe?the individual'or hisfher unit has received early'notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. v�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised JPMORGAN CHASE BANK, NATIONAL : CUMBERLAND COUNTY ASSOCIATION : COURT OF COMMON PLEAS vs. LEONARD HAYES WENDY HAYES against you on : CIVIL DIVISION : No. 14 -216 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered By: .231144,eP If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.3121.74 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 938707 �I JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. LEONARD HAYES WENDY HAYES Plaintiff Defendant(s) TO: WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MEC.HANICSBURG, PA 17055-5310 DATE OF NOTICE: Ci/ZJ COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -216 -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 l Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 938707 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ch tei.Dinggertl S n, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL D VISION Plaintiff v. LEONARD HAYES WENDY HAYES Defendant(s) TO: LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MI CHANICS:B3URG:, PA 1'10-55-5310 DATE OF NOTICE: .07-.II� NO. 14 -216 -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 .PERSONALI..Y 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 # 938707 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Li tyle -label Dinferclissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMorgan Chase Bank, National Association Plaintiff V. Leonard Hayes Wendy Hayes Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/18/2014 to Date of Sale ($27.93 per diem) TOTAL Note: Please attach description of property. PH # 938707 8S/ a/1, SS 3b CF L. 14) rd a : COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 14 -216 -CIVIL : CUMBERLAND COUNTY $169,908.78 $4,720.17 $174,628.95 Phe,n Ha linan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the southern line of Grandia Flora Drive (60 feet wide), which said point is in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 3 and 4 on said Plan, South 09 degrees 04 minutes 05 seconds East, 135.00 feet to a point in the northern line of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence along the northern line of Lot No. 2 on said Plan, South 80 degrees 55 minutes 55 seconds West, 92.00 feet to a point marked by a monument in the eastern line of Rosegarden Boulevard South (50 feet wide); thence along the eastern line of Rosegarden Boulevard South, North 09 degrees 04 minutes 05 seconds West, 110.00 feet to a point; thenceby same in a northeasterly direction by the arc of a circle curving to the right, said circle having a radius of 25.00 feet, for the arc distance of 39.27 feet to a point marked by a monument in the southern line of Grandis Flora Drive; aforesaid; thence along the southern line of Grandia Flora Drive, North 80 degrees 55 minutes 55 seconds East, 67.00 feet to a point in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots, first above mentioned, at the point and place of BEGINNING. BEING Lot No. 3, Block 'F, on the Plan of Rosegarden, Section 3, which said Plan is recorded in Cumberland County Recorder's Office in Plan Book No. 38, Page 146. HAVING THEREON EREC 1 ED a dwelling. TITLE TO SAID PREMISES IS VESTED IN Leonard Hayes and Wendy Hayes, h/w, by Deed from Denis D. Friederich and Lori A. Friederich, h/w, dated 05/22/2006, recorded 05/24/2006 in Book 274, Page 3439. PREMISES BEING: 2733 South Rosegarden Boulevard, Mechanicsburg, PA 17055-5310 PARCEL NO. 42-31-2153-156 PHELAN HALLINAN, LLP :``��rAttorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 sk. f"I"o�� C HC1.4 17-,, , 1617 JFK Boulevard, Suite 1400 , One Penn Center Plaza Philadelphia,PA 19103 CWIBERLAHD COUNT`_ Jonathan.Lobb@phelanhallinan.com. PENNSYLVANIA 215-563-7000 JPMorgan Chase Bank,National Association : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 14-216-CIVIL Leonard Hayes Wendy Hayes Defendant(s) : Cumberland County CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin,Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Ph A7cit n Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff JPMorgan Chase Bank,National Association 1 ,5, : COURT OF COMMON PLEAS Plaintiff CUMI3ERLii00 cou`.`WT `+ CIVIL DIVISION v. P NNSyLtVANro' NO.: 14-216-CIVIL Leonard Hayes Wendy Hayes • Defendant(s) • CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank,National Association,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 2733 South Rosegarden Boulevard,Mechanicsburg,PA 17055-5310. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) Leonard Hayes 2733 South Rosegarden Boulevard Mechanicsburg,PA 17055-5310 Wendy Hayes 2733 South Rosegarden Boulevard Mechanicsburg,PA 17055-5310 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) Leonard Hayes 2733 South Rosegarden Boulevard Mechanicsburg,PA 17055-5310 Wendy Hayes 2733 South Rosegarden Boulevard Mechanicsburg,PA 17055-5310 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) First Financial Investment Fund 230 Peachtree Street Northwest Suite 1500 Atlanta,GA 30303 First Financial Investment Fund 120 North Keyser Avenue CIO Michael F.Ratchford,Esquire Scranton,PA 18504 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg,PA 17055 Members 1st Federal Credit Union 1100 Superior Avenue C/O First American Title Insurance Lenders Suite 200 Advantage Cleveland,OH 44114 PH#938707 ✓ 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) Upper Allen Township 100 Gettysburg Pike Mechanicsburg,PA 17055 Upper Allen Township P.O.Box 840 CIO J.Stephen Feinour,Esquire Harrisburg,PA 17108 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) Tenant/Occupant 2733 South Rosegarden Boulevard Mechanicsburg,PA 17055-5310 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle,PA 17013 Commonwealth of Pennsylvania P.O.Box 2675 Department of Welfare Harrisburg,PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh,PA 15222 U.S.Department of Justice 228 Walnut Street,Suite 220 U.S.Attorney for The Middle District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: to 61(({ By: P :'.n Hallinan,LLP J/athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#938707 JPMorgan Chase Bank, National Association, -> ,t,COURT OF COMMON PLEAS 4 ND MAi,r tiff CIVIL DIVISION : NO.: 14 -216 -CIVIL Leonard Hayes Wendy Hayes vs. : Cumberland County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Leonard Hayes Wendy Hayes 2733 South Rosegarden Boulevard Mechanicsburg, PA 17055-5310 **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 2733 South Rosegarden Boulevard, Mechanicsburg, PA 17055-5310 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $169,908.78 obtained by JPMorgan Chase Bank, National Association (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF. THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -216 -CIVIL JPMorgan Chase Bank, National Association v. Leonard Hayes Wendy Hayes owner(s) of property situate in UPPER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 2733 South Rosegarden Boulevard, Mechanicsburg, PA 17055-5310 Parcel No. 42-31-2153-156 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $169,908.78 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the southern line of Grandia Flora Drive (60 feet wide), which said point is in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 3 and 4 on said Plan, South 09 degrees 04 minutes 05 seconds East, 135.00 feet to a point in the northern line of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence along the northern line of Lot No. 2 on said Plan, South 80 degrees 55 minutes 55 seconds West, 92.00 feet to a point marked by a monument in the eastern line of Rosegarden Boulevard South (50 feet wide); thence along the eastern line of Rosegarden Boulevard South, North 09 degrees 04 minutes 05 seconds West, 110.00 feet to a point; thence by same in a northeasterly direction by the arc of a circle curving to the right, said circle having a radius of 25.00 feet, for the arc distance of 39.27 feet to a point marked by a monument in the southern line of Grandia Flora Drive, aforesaid; thence along the southern line of Grandia Flora Drive, North 80 degrees 55 minutes 55 seconds East, 67.00 feet to a point in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots, first above mentioned, at the point and place of BEGINNING. BEING Lot No. 3, Block F, on the Plan of Rosegarden, Section 3, which said Plan is recorded in Cumberland County Recorder's Office in Plan Book No. 38, Page 146. HAVING THEREON ERECTED a dwelling. TITLE TO SAID PREMISES IS VESTED IN Leonard Hayes and Wendy Hayes, h/w, by Deed from Denis D. Friederich and Lori A. Friederich, h/w, dated 05/22/2006, recorded 05/24/2006 in Book 274, Page 3439. PREMISES BEING: 2733 South Rosegarden Boulevard, Mechanicsburg, PA 17055-5310 PARCEL NO. 42-31-2153-156 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Vs. NO 14-216 Civil Term CIVIL ACTION — LAW LEONARD HAYES, WENDY HAYES WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $169,908.78 L.L.: $.50 Interest FROM 6/18/2014 TO DATE OF SALE ($27.93 PER DIEM) - $4,720.17 Atty's Comm: Atty Paid: $204.05 Plaintiff Paid: Date: 6/17/14 (Seal) REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 Due Prothy: $2.25 Other Costs: David D. Buell, Prothon a. �i�—,� Deputy PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079:- 1617 JFK Boulevard, Suite 1400 'i:; One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 • 1 I •'': t s Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CUMBERLAND COUNTY ASSOCIATION Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LEONARD HAYES WENDY HAYES Defendant(s) No.: 14 -216 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address • - - - - • • davit and as amended if applicable. A copy of the Certificate of i .1 ing (Form 3817) and/or tified Mail Return Receipt stamped by the U.S. Postal Ser •ce is attached her o x Date: lb(s6/0( 99 man, Esq., Id. No.318079 Atto •ev or Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 938707 JPMorgan Chase Bank, National Association Plaintiff v. Leonard Hayes Wendy Hayes Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -216 -CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, National Association, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2733 South Rosegarden Boulevard, Mechanicsburg, PA 17055-5310. 1. Name and address of Owner(s) or reputed Owner(s): Name Leonard Hayes Wendy Hayes 2. Name and address of Defendant(s) in the judgment: Name Leonard Hayes Wendy Hayes Address (if address cannot be reasonably ascertained, please so indicate) 2733 South Rosegarden Boulevard Mechanicsburg, PA 17055-5310 2733 South Rosegarden Boulevard Mechanicsburg, PA 17055-5310 Address (if address cannot be reasonably ascertained, please so indicate) 2733 South Rosegarden Boulevard Mechanicsburg, PA 17055-5310 2733 South Rosegarden Boulevard Mechanicsburg, PA 17055-5310 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) First Financial Investment Fund First Financial Investment Fund C/O Michael F. Ratchford, Esquire Members 1st Federal Credit Union C/O Christopher E. Rice, Esq. 230 Peachtree Street Northwest Suite 1500 Atlanta, Ga 30303 120 North Keyser Avenue Scranton, PA 18504 Martson Deardorff Williams Otto Gilroy & Faller MA 10 East High Street Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 PH # 938707 Members 1st Federal Credit Union CIO First American Title Insurance Lenders Advantage 1100 Superior Avenue Suite 200 Cleveland, OH 44114 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Upper Allen Township C/O J. Stephen Feinour, P.O. Box 840 Esquire Harrisburg, PA 17108 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 2733 South Rosegarden Boulevard Mechanicsburg, PA 17055-5310 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false state are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatio Date: /0/3e0t( PH # 938707 By: Phela Paul Cres Attorney for LLP sq., Id. No.318079 intiff PHELAN HA t INAN, LLP 1617 JFK Boul-vard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Phelan Hallinan. LLP Address 1617 JFK Boulevard, Suite Of Sender One Penn Center Plaza I Philadelphia, PA 19103 AZK/CET • 12/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage I •••• TENANT/OCCUPANT 2733SOUTH ROSEGARDEN BOULEVARDn MECHANICSBURG, PA 17055.5310 S0.47 to 4fi 2 •••• First Flnandal Investment Fund 230 PEACHTREE STREET NORTHWEST SUITE 1500 ATLANTA, GA 303030. 50.47 f4 a !,8 3 •••• First Financial lnvestmnd Fund CIO Michael F. Ratchford, Esquire 320 North Keyser Avenue - Scranton,PA 18504 50.47 '�wi N c 4 •'•• Members 1st Fedcral�CreElt Union � � 50001,00115E DRIVE MECHANICSBURG, PA 17055 � 47 a r �, , , ' - !,,. 5 •••• Members 10 Federal Credit Unlnn C/O First American Title Insurance Lenders Advantage 1100 SUPERIOR AVENUE SUITE 200 CLEVELAND. OH 44114 }} 6 •••• Upper Alltn Township 100 Gettysburg Pike Mechanicsburg, PA 17055 50.47 � - PA J t) •, - r, l 7 •••• •••• Upper Allen Township C/0 J. Stephen Felnnur, Esquire BOX 840 HARRISBURG, PA 17108 $0.4) >•.3 - r 0,\ -C1'.P.O. 8 Dnnleslle Relations of Cumberland Countyv\.'�, 13 North Hanover Street Carlisle, PA 17013 50.47 �% •R, ':t '}:• 9 •••• Commonwealth of Pennsylvanla Department of Welfare P.O. Bon 2675 Harrisburg, PA 11105 00.47 10 •••• Internal Restnne Service Advisory I000 Liberty Avenue Room704 Pittsburgh, PA 15222 50,47 11 •e'• US. Department of 3nstbe U.S. Attorney for The"Mlddie District of PA Federal Banding 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg. PA 17108-1754 $0,47 RE: LEONARD HAYES (CUMBERLAND) PH # 938707/1021 - Page I of 1 Writ Team -- - $5:17 -- -:: Total Number of Pieces Lined by Sender L',-........ 'VIII L'......:—:r.. Tad Number of Paces Received al Poal 003., Po,mmSIer, Per Moms of Receiving Employee) The full declaration of talus ie rename! on all domenle and International resin red mail, The maximum indemnity poyahk for the reeondnretion of nonnegotiable documents under Express Moll doeume t reconstruction inatanee it 050,010 per piece subject to a lint of5500,000 per oeeurrenc , The mooinum indemnity payable on Fuses% Mail rrevbundhe n 5500. The maximum indemnity payehte le 523.000 for reginend men, sent with optional insurance. See Domestic Mail blamed R9005915 and 5921 sol limlutioni of c.c.-arc. Name and Address Of Sender Phelan Hallinan, LLP 11111. 1617 MK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Line , ;Article Number Name of Addressee, Street and Post Of jce.Address Postage 1 ».«. Memberslst Federal Credit Union C/O Christopher E, Rice, Esq. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MA 10 EAST HIGH STREET CARLISLE, PA 17013 $0. $Sy + (W� d RE: LEONARD HAYES (CUMBERLAND) PH # 938707/1026. Page 1 of 1 45 Day 48 'f �fi 4 Total Number of Pieces [iced by Sender" ' Tbul Number of Pieces Received at Post Offici Poitmaster,.Per (Name of, Receiving Employee) The fdl:dee]atation of ambit ib required on all domestic and intaaailorial rcgistered'man. for recsnuepe. on Exp. insurance. the recomstr0aioniof nonnegotiable cloaine+us nada Express Mail document piece subjeef to a limit of SS00,000 per oceunenu_ The maximum indemnity payable The maximum indemnity payable is 525,000 far reenact' mart, sent with optional .R9o0$913.and S$21 far limitations of coverage. - ocm 3877 Facsimile PH # 938707 [in ; ou 421 ; E3.0 Lat cou.! hi PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION : Plaintiff : CIVIL DIVISION V. LEONARD HAYES WENDY HAYES Defendant(s) : No.: 14 -216 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued until 03/04/2015 at 10:00 AM. Date: PH # 938707 'Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION : Plaintiff v. LEONARD HAYES WENDY HAYES Defendant(s) CERTIFICATION OF SERVICE Attorney for Plaintiff : CIVIL DIVISION : No.: 14 -216 -CIVIL I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 WENDY HAYES 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 Date: //l(,�//� PH # 938707 LEONARD HAYES 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBUG, PA 17055-5310 Jon./ an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -216 -CIVIL v. LEONARD HAYES WENDY HAYES Plaintiff Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendants, LEONARD HAYES and WENDY HAYES, by certified mail and regular mail to LEONARD HAYES at 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310, and WENDY HAYES at 2001 HOLLEY PKWY, ROANOKE, TX 76262-4447 and 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310 and posting 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for March 4, 2015. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants, LEONARD HAYES and WENDY HAYES, with the Notice of Sale at the mortgaged premises, 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The property was found to be vacant. 4. Attempts to serve Defendants, LEONARD HAYES and WENDY HAYES, with the Notice of Sale at 2001 HOLLEY PKWY, ROANOKE, TX 76262, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". There was no response after several attempts. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. In addition to traditional sources, the above investigation searched numerous internet websites including LexisNexis, the social security death index, and WhitePages.com using the defendant's/defendants' social security number where possible in attempt to locate the defendant(s). 7. Plaintiff contacted the Prothontary's Office and as of November 7, 2014, no Judge has previously entered a ruling in this case. (If there was already ruling on this case we must change this verbiage. Please add something along these lines, In compliance with CUMBERLAND County Local Rule 208.3(a)(2), Plaintiff avers that Judge entered an order for dated ). 8. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on NOVEMBER 14, 2014 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs NOVEMBER 14, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 9. Plaintiff submits that it has made a good faith effort to locate the Defendants, LEONARD HAYES and WENDY HAYES, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to LEONARD HAYES at 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310, and WENDY HAYES at 2001 HOLLEY PKWY, ROANOKE, TX 76262-4447 and 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310 and posting 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310 and by publication. DATE: W,1„ 1 Phelan Hallinan, LLP By: 1 �' di tWa! PETER APNER, Esquire Bar ID No: 318263 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -216 -CIVIL v. LEONARD HAYES WENDY HAYES Plaintiff Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, LEONARD HAYES and WENDY HAYES, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to LEONARD HAYES at 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310, and WENDY HAYES at 2001 HOLLEY PKWY, ROANOKE, TX 76262-4447 and 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310 and posting 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310 and by publication pursuant to PA.R.C.P. 3129.2. DATE: 102.01 Phelan Hallinan, LLP By: po.tr ViGitie PETER WAPNER, Esquire Bar ID No: 318263 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. LEONARD HAYES WENDY HAYES Plaintiff Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -216 -CIVIL CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 LEONARD HAYES 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 WENDY HAYES 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 DATE: i-com Phelan Hallinan, LLP By: tr 61fil PETER WAPNER, Esquire Bar ID No: 318263 Attorney for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PH It 938707 SERVICE TEAM/ WI COURT NO.: 14 -210 -CIVIL PLAIN -of+ ,IPMORGAN CHASE BANK, NATIONALASSOCIATION DEFENDANT LEONARD HAYES WENDY HA YES SERVE LEONARD HAYES AT: 2733 SOUTH ROSEGARDEN BOULEVARD MECHA.NICSBURG, PA 17055-5310 TYPE OF A (.:T1ON XX. Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made. known to LEONARD HAYES, Defendant on the day •of , 20 at , o'clock .M., at , 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. 'Amager/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 Weight , a competent adult, hereby verify that I personally handed a true and correct copy of the. Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above I understand that this statement is made subject to the penalties of 18 Pa. CS. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME:, TITLE: NOT SERVED On the, G7 davoffrf fu , 20 / , "3; co o'clock.1). M., I , ROD lid Moll ., competent idull hereby state that T5Ffendant NOTTOUND because: VVactant Does Not Exist , Moved Does Not Reside (Not Vacant) No Answer on at at • .... Service Refused Other: 1 UnderStAik1414.11t.• this staterrrt rt is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn hl',iljc niQcm itAltoritimBY: j• _ PRINTED NAME: R.orialt1 Moll Al-FORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PH #1938707 SERVICE TEAM/ Ixh COURT NO.: 14 -216 -CI Vii, PLAINTIFF JPMORGAN CHASE RANK, NATIONAL ASSOCIATION 1)EFENDA NT LEONARD HAYES WENDY HAVE` SERVE WENDY IA YES AT: 2733 SOUTH ROSECARDEiN' BOULEVARD MECHANICSIBURG, PA 17055-5310 SERVED Served and made known to WENDY I IA YES. Defendant on the, _ o'clock . M.. at 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: TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3,2014 day of ,20 ,at . , in the manner described below: Description: Age Height Weight Race Sex.. Other 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 the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME:.... TITLE: �, NOT SERVED (iia tt e day of 4^"= , 201 , at 3:000'clock T. Ivl., :1, Ronald Moll - a competent adult hereby state that De.l ncf:ant i� OD' I`3 because: YVacant. No Answer on Service Refused Does Not Exist _Moved _ Does Not Reside (Not Vacant) at at .... Other: I tuider4alyklint this sttit_eptent. i fat fl atloaj'tp)4u)t'ltles. 1 BY..: 1 4.lE-� PRINTED NAME: Rop d Moll _ _ made subject to the penalties of 18 Pa. C.S. Sec. ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215)563-7000 4904 relating to unsworn AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF PM ORGAN CHASE BANK, NATIONAL ASSOCIATION DEFENDANT LEONARD HAYES WENDY HAYES SERVE LEONARD HAVES AT: 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 CUMBERLAND COUNTY PH 4 938707 SERVICE TEAM/ Ixh COURT NO.: 14 -216 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to LEONARD HAYES, Defendant on the day of _ , 20 _, at o'clock _. M., at . 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: Agc Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 20 . Notary: On theq+h day of41414,0 state that Defendant Vacant /Igo Answer on _Service Refused Other: Sworn to and su+ cribed befgn; me this- day. of (14,1,4 By: NOT SERVED 20j�, at I o'clock E. M., r:Zt,� 1•1•4441/.101 -,;a competent tidull hereby i.IND because: s Not" Exist Mo cd Does Not Reside (Not Vacant) fiat 14155 IR_tit . (NA, t 14,11 Notafdsr: RN • R PLAI Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 "'"*" –"-• `"**' "' "" '.-'".-- t5) 563.7000 PATRICIA At t;1 15:11Y 1` t Y it,ttt; i`f,:Al 31 tic AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PLAINTIFF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DEFENDANT t.1..ONARD HAYES WENDY HAYES SERVE WENDY HAYES AT: 2001 HOLLEY PKWY ROANOKE, TX 76262.4447 Iii 44 930701 SERVICE TEA M/10 COURT NO.: 14-216•CIV11, TYPE OF ACMON XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to WENDY HAYES, Defendant on the day of 20 , at , o'clock _. M., at . 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 Defendants office or usual place of business. , an officer of said Defendant's company. Other Description: Age Height Weight Race Sex Other a competent adult, being duly sworn according to law, depose and state 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. Sworn to and subscribed before me this day of 20 Notary: By: NOT SERVED On die it_ day of 61(4 20 • at ql0Ocklock`a. M1, .ictsor% taveldon . a competent adult hereby slate that Defendant N FOUND because: ant I 31 at 61* -0 le PW1 No Answer on diallt _Does Not Exist lvlov Does Not Reside (Not Vacant) - Service Refused WOO flit) Other F.0 1.. Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Phi.adelphia, PA 19103 .215 563-7000 PA' fl'FICIA Atthl „,. Pauli :AUK. G , CCallriVir fubruaty ti4, 2517 375? EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 938707 Attorney Firm: Phelan Hallinan, LLP Subject: Leonard Hayes & Wendy Hayes Current Address: 2001 Holley Parkway, .Roanoke, TX 76262 Property Address: 2733 South Rosegarden Boulevard, Mechanicsburg, PA 17055 Mailing Address: 2001 Holley Parkway, Roanoke, TX 76262 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Leonard Hayes - xxx-xx-9773 Wendy Hayes - xxx-xx-4926 B. EMPLOYMENT SEARCH Leonard Hayes & Wendy Hayes - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Leonard Hayes reside(s) at: 2001 Holley Parkway, Roanoke, TX 76262 & Wendy Hayes reside(s) at: 2733 South Rosegarden Boulevard, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Leonard Hayes & Wendy Hayes reside(s) at: 2733 South Rosegarden Boulevard, Mechanicsburg, PA 17055. On 07-11-14 our office made a telephone callto the subjects' phone number (717) 691.-8767 and received the following information: not in service. B. , On 07-11-14 our office made a telephone call to a possible phone number of the subject(s) (717) 884-4473 and received the following information: spoke with Leonard Hayes who confirmed that he & Wendy Hayes reside(s) at: 2001 Holley Parkway, Roanoke, TX 76262. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-11-14 we reviewed the National Address database and found the following information: Leonard Hayes - 2001 Holley Parkway, Roanoke, TX 76262 & Wendy Hayes - 2733 South Rosegarden Boulevard, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. OTHER INQUIRIES A. DEATH RECORDS As of 07-1144 Vital Records and all public databases have no death record on file for Leonard Hayes & Wendy Hayes. V. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Leonard. Hayes -1965 Wendy Hayes -1971 B. A.K.A. Leonard Foster Hayes, Leonard. Hayes Friederich Wendy Jean Hayes * The following accessible interne databases have been checked and cross-referenced for the above named individual(s). SSN Subject Summary Others Using SSN Address Summary Voter Registrations Driver Licenses Professional Licenses Health Care Providers Health Care Sanctions Pilot Licenses Sport Licenses Real Property Assets Motor Vehicle Registrations Boats Aircraft Bankruptcy Information Judgments/Liens UCC Liens Fictitious Businesses Notice Of Defaults Business Associates Person Associates Neighbors Employment Locator Criminal Filings Cellular & Alternate Phones I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" Name and Address Of Sender Phelan Hallinan, LLP 1.10 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 LNM Line Article Number Name of Addressee, Street, and Post Office Address 1 WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 Postage $0.47 2 WENDY HAYES 2001 HOLLEY PKWY ROANOKE, TX 762624447 $0.47 LEONARD HAYES 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 3 LEONARD HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055 $0.47 RE: LEONARD HAYES (CUMBERLAND) TEAM 4 PH # 938707/1021 Page 1 of I ********CONCURRANCE REVIEW****************** Tend Number of Meow Listed by Sender Form 3877 Facsimile Total Number of Pieces Received at Pcet Office Poems**, Per (lime of Receiving Employee) The fail full decimation of value is required on all demotic sod iatensational registered a limit of $500par occurrence. The usminsem indent*, jalk pieoe subect \ for the reconstruction of emmegotiable doormats wide:Egress Mail document The Wonky payable is S25,000 for registered mail, sent with optional jto ,000 R900 S913 end S921 for limitations of coverage. erevic \\‘‘b) PH # 938; Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza << Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff v. LEONARD HAYES WENDY HAYES T ORNEY FOR PLAINTIFF T Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -216 -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 January 8, 2014. 2. Judgment was entered on June 17, 2014 in the amount of $169,908.78. 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 March 4, 2015. 938707 1 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 December 3, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow Deficit $158,553.18 $18,468.69 $141.36 $3,050.00 $870.49 $140.00 $1,397.00 $7,631.83 TOTAL $190,252.55 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. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 3, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiff's Motion to Lift Conciliation Stay dated May 7,2014. 938707 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Justin F ATT 3 obeski, Es EY FOR re AINTIFF 938707 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. LEONARD HAYES WENDY HAYES Plaintiff Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -216 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LEONARD HAYES and WENDY HAYES 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 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310. 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. 938707 1 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 938707 2 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 mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor 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 has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 938707 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 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. 938707 4 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. 938707 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 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. 938707 6 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 938707 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan LLP Justi obeski, 'squire Atty•--yfor P1.' 'ff 8 938707 Exhibit "A' .i iii+' PRUThoNO- ,, • PHELAN HALLINAN, LLP ?UPI JUN 1 Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 �� ' 1617 JFK Boulevard, Suite 1400 L LJMBERL AND One Penn Center Plaza PENNSYLVANIA r ` Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, CUMBERLAND QJ UNTY NATIONAL ASSOCIATION QP 1 f� 101 ON PLEAS vs. „v`. '01IVII, DIVISION LEONARD HAYES WENDY HAYES : No. 14 -216 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Ptly. v�' AYES and WENDY HAYES, Defendant(s) for failure to fire wertb PY irf4 omplaint 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 $169,908.78 TOTAL A OfiNt.N1 COPY cp ! etc f3lC111 I hereby certify that (1) the Defendants' last known address is 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310, and (2) that notice has. been given in accordance with Rule Pa.R.C.P 237.1. Date Cr f I c (( ( Jo an Lobb, Esq., Id. No.312174 A orney for Plaintiff • DAMAGES ARE HEREBY ASSESSED AS INDICA'!. DATE: PH* 938707 938707 Exhibit "B" Phelan Hallinan, LLP November. 2014 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX4: (215) 563-3459 Representing Lenders in Pennsylvania LEONARD HAYES WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD 2001 HOLLEY PKWY MECHANICSBURG, PA 17055-5310 ROANOKE, TX 76262-4447 RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. LEONARD HAYES and WENDY HAYES Premises Address: 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 14 -216 -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 11/29/2014. Should you ha further questions or concerns, please do not hesitate to contact me.; Otherwise, please be _ ded accordingly. Vei. Jus Att eski or Pi. . Esq., Id. No.200392 f E1'lo4ire. 938707 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff v. LEONARD HAYES WENDY HAYES ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -216 -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. LEONARD HAYES WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 DATE: By. LEONARD HAYES WENDY HAYES 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 Phelan Hall' i_an, LLP squire Y F 4 R PLAINTIFF 938707 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION V. LEONARD HAYES WENDY HAYES Plaintiff Defendants ORDER e AND NOW, this 4-- day of , 2014, after CIVIL DIVISION C, NO. 14 -216 -CIVIL 1-,163 1 W > c") =?= :) > c c> e consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants LEONARD HAYES and WENDY HAYES by: CD ni REGULAR MAIL TO 2001 HOLLEY PKWY, ROANOKE, TX 76262-4447 and 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO 2001 HOLLEY PKWY, ROANOKE, TX 76262-4447 and 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310 Service by mail is complete upon the date of mailing POSTING 2733 SOUTH ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5310 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). # 938707 ✓ CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19],03 d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. LEONARD HAYES WENDY HAYES Plaintiff Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -216 -CIVIL AND NOW, this it day of )44..41 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. 938707 ustin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 NARD HAYES WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 ►'es krt., -ONARD HAYES WENDY HAYES 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 938707 938707 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 . ; : ,ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. LEONARD HAYES WENDY HAYES Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -216 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 15, 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. LEONARD HAYES WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 DATE: /2 /Z3/Pr By: LEONARD HAYES WENDY HAYES 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 Phelan Hallinan, LLP Jo .(than Lobb, Esq., Id. No.312174 Attorney for Plaintiff 938707 1:31.'‘'\ Phelan Hallinan, LLP gg20 Justin F. Kobeski, Esq., Id. No.200392,v j;.:;\ -B ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 r -3 COe."11 One Penn Center Plaza cu+1«�111‘;`( ‘ r;,\.1N Philadelphia, PA 191031'1 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. LEONARD HAYES WENDY HAYES Plaintiff Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -216 -CIVIL MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 4, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about December 15, 2014 directing the Defendants to show cause by January 5, 2015 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 December 23, 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 January 5, 2015. 938707 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: Ph .;!suI,,.11inan, LLP Justin F Attorn 3 sq., Id. No.200392 tiff 938707 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. LEONARD HAYES WENDY HAYES Plaintiff Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -216 -CIVIL AND NOW, this day of. X1.2014, 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 Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 938707 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF 2! 1c2r 21; Vii; id= 33 w JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff VS. LEONARD HAYES WENDY HAYES Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -216 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 15, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damage not be granted was served upon the following individuals on the date indicated below. LEONARD HAYES WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 DATE:... /213,.3/q By: LEONARD HAYES WENDY HAYES 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 Phelan Hallinan, LLP Jo ./ `an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 14EY FILE COPY a l i1 1~l' /Lt t: D 938707 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. LEONARD HAYES WENDY HAYES ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -216 -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. LEONARD HAYES WENDY HAYES 2733 SOUTH ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5310 DAT, By: Justin F. Kob: ki, ..q., Id. No.200392 Attorney fo , 'lain ff LEONARD HAYES WENDY HAYES 2001 HOLLEY PKWY ROANOKE, TX 76262-4447 Phel. ' allina LLP 938707 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION vs. LEONARD HAYES WENDY HAYES Plaintiff Civil Division Defendants ORDER CUMBERLAND Couu y rim No.: 14 -216 -CIVIL r' (J > c c„tv t AND NOW, this /2` day of , 2015, 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 December 3, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow Deficit $158,553.18 $18,468.69 $141.36 $3,050.00 $870.49 $140.00 $1,397.00 $7,631.83 TOTAL $190,252.55 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. Copies r 1L L A14/ J. Vsck., Lco fJ.y s 16lY tit es 1/13/fs 938707