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HomeMy WebLinkAbout14-0709 Supreme Court of Pennsylvania Cour of Comm - Pleas AD For Prothonotary Use Only: Ivil' ?Qver, , eet CU County Docket No: ` The information collected on this form is used solely_for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules o court. Commencement of Action: S ❑O 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: TONI S. GUENTHNER T NATIONAL ASSOCIATION I Are money damages requested. El Yes 0 No Dollar Amount Requested: El within arbitration limits U (Check one) xM outside arbitration limits N Is this a Class Action Suit? ❑ Yes M No Is this an MDJ Appeal? ❑ Yes xM No A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan LLP ❑ Check here if you have no attorney (are a Self - Represented (Pro Se] .Litigant) Nature of the Place an "X" to the left of the ONE case category that most accurately describes your Case PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ 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 M Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 f 7 r John D Krohn, E 9A d. No.312244 YL �'� NIA�� r 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215 -563 -7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS 1111 POLARIS PARKWAY COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff TERM V. NO. l -� U TONI S. GUENTHNER 30 DEWITT CIRCLE CUMBERLAND COUNTY CAMDEN, DE 19934 -4712 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 939844 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: TONI S. GUENTHNER 30 DEWITT CIRCLE CAMDEN, DE 19934 -4712 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 09/28/2011 TONI S. GUENTHNER 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 Instrument No. 201127079.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 08/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified 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 12/30/2013: File #: 939844 Principal Balance $146,138.56 Interest from $8,798.69 07/01/2012 through 11/30/2013 Late Charges $565.18 Property Inspections $98.00 Property Preservation $160.00 Escrow Advance $2,796.77 TOTAL $158,557.20 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The mortgage premises are vacant and abandoned File #: 939844 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $158,557.20, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: John D. Kro n, Esq., Id. No.312244 Attorney for Plaintiff File #: 939844 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Township of North Middleton, County of Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at point on the northern right -of -way line of Partridge Circle, at the southeast corner of Lot No. 18 -A on the hereinafter described Final Subdivision Plan; THENCE along the eastern line said Lot No. 18 -A, North 24 degrees 45 minutes 28 seconds East, a distance of 175.48 feet to a point on the southern line of Lot No. 15 -F on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No. 15 -F, South 58 degrees 05 minutes 00 seconds East, a distance of 20.158 feet to a point at the northwest corner of Lot No. 18 -C on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 18 -C, South 24 degrees 45 minutes 28 seconds West, a distance of 172.97 feet to a point on the northern right -of -way line of Partridge Circle; THENCE along the northern right -of- way line of the Partridge Circle; North 65 degrees 14 minutes 32 seconds West, a distance of 20.00 feet to a point at the southeast corner of Lot No. 18 -A on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 3,484.50 square feet, more or less. BEING Lot No. 18 -B of Final Subdivision Plan -Phase 2, Middleton Estates, prepared by Hartman & Associates, Inc., and recorded in the Office at the Recorder of Deeds of Cumberland County in Plan Book 72, Page 116. File #: 939844 UNDER AND SUBJECT to a 5.00 foot pedestrian access easement across the northern portion of the premises as shown on the above - referenced Final Subdivision Plan. AND UNDER AND SUBJECT to the Bylaws of Middleton Estates Community Association, Inc. recorded in Cumberland County Miscellaneous Book 340, Page 597, First Amendment to Bylaws of Middleton Estates Community Association, Inc., dated August 28, 1997. recorded in the office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 558, Page 658, and Declaration of Reciprocal Easements Applicable to Middleton Estates -Phase 2, dated April 24, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 546, Page 775. HAVING ERECTED thereon a dwelling known and numbered as 84 Partridge Circle, Carlisle, Pennsylvania. PROPERTY ADDRESS: 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013 -8745 PARCEL #29 -15- 1252 -080 File #: 939844. VERIFICATION hereby states that he/ he is 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 President Date: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Borrower: GUENTHNER Property Address: 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013 -8745 County: CUMBERLAND Last Four of Loan Number: 9234 File #: 939844 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 tt: 939844 IN THE COURT OF COMMON JPMORGAN CHASE BANK, NATIONAL ASSOCIATION PLEAS Plaintiff(s) OF CUMBERLAND COUNTY, PENNSTLVANIA VS. TONI S. GUENTHNER 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 able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: lr c=:) 71 Date Signature of ounsel for Plaintiff - Z -:0 C/)r � C) �t G. Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #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. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mort gage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: d C AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 4 _ -d;. Sheriff ,„ 4 G4CdFd 3 p�, .�. � . Jody S Smith Chief Deputy ?(1 i l{FEB 28 PH 3: 39 Richard W Stewart CUMBERLAND COUNTY Solicitor " G " ' PENNSYLVANIA JPMorgan Chase Bank, N.A. vs. Case Number Toni Guenthner 2014-709 SHERIFF'S RETURN OF SERVICE 02/25/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Toni Guenthner, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as Not Found"at 84 Partridge Circle, North Middleton Township, Carlisle, PA 17013. Residence is vacant and was winterized and the Carlisle Postmaster has confirmed that the defendants are not known at the address given. SHERIFF COST: $39.78 SO ANSWERS, February 25, 2014 RONI■K R ANDERSON, SHERIFF AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 939844 SERVICE TEAM / mig COURT NO.: 14 -709 -CIVIL PLAINTIFF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DEFENDANT TONI S. GUENTHNER SERVE TONI S. GUENTHNER AT: 29 CARRIAGE WAY W SAINT PETERS, MO 63376 -2323 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action >4R 18 )t1 10.29 CJMBC }�}�tNSY RLAND,�CO Nil' PE.r[ ANIA SERVED lid ay M / Served and made known to TONI S. GUENTHNER, Defendant on the ay of / la fG h , 20 I LI, at nail, o'clock E. M., at 2q—Carr fuseWay Weis- , in the manner described below: j, Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager /Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age rs"" Height 5 3 Weight /60 Race \t1 Sex P Other ALeicfsSiotS I, na ii t Lu tnr , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address i> ated .hove. Sworn to and su scfibed befo^r me this day of Ntii ✓Gf1 , 20jj Notary: i `^1"° y: • NOTARY% 9 . SEAL DIANA GUCCIONE My Commission Expires September 16, 2015 St. Charles County Commission #11261517 NOT SERVED On the day of March , 20. at o'clock I, , a competent adult hereby state that Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _No Answer on Service Refused Other: Sworn to and subscribed before me this day of .20_. By: Notary: at • _ Does Not Reside (Not Vacant) at ATTORNEY FOR PLAINTIFF Lawrence T. Phelan. Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano. Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos. Esq., Id. No. 94620 Courtenay R. Dunn. Esq.. Id. No. 206779 Mario J. Hanyon, Esq., Id. No. 203993 John M. Kolesnik. Esq.. Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Zachary J. Jones, Esq., Id. No. 310721 Justin F. Kobeski, Esq., Id. No. 200392 Adam Davis. Esq.. Id. No. 203034 Joseph E. DeBarberie, Esq.. Id. No. 31.5421 EMILY M. PHELAN, Esq., Id. No. 315250 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 PHELAN HALLINAN, LLP 2! t; APR 2 2 f ;1 1: 9 W Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 t.... �'�� ` AND COUNTY One Penn Center Plaza' ��" Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215 -563 -7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. TONI S. GUENTHNER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14-709-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 TONI S. GUENTHNER, 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 $158,557.20 TOTAL $158,557.20 I hereby certify that (1) the Defendant's last known addresses are 29 CARRIAGE WAY WEST, SAINT PETERS, MO 63376 -2323 and 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013 -8745, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 5/2.1// /14, Adam H. Davis, Esq., Id. No.203034 Attorney fq,paintiff DAMAGES RE REBY ASSESSED AS INDICATED. DATE: PH # 939844 PROTHONOTARY PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215 -563 -7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. TONI S. GUENTHNER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14-709-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) TONI S. GUENTHNER is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant TONI S. GUENTHNER is over 18 years of age and has last known addresses at 29 CARRIAGE WAY WEST, SAINT PETERS, MO 63376 -2323 and 84 PARTRIDGE CIRCLE, CARLISLE, PA 1.7013 -8745. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 4fiZ tfi (' Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 939844 Department of Defense Manpower Data Center Results as of : Apr -21 -2014 12:05:54 AM SCRA 3.0 Status Report Pursuant to Servicememibers Civil. Relief Act Last Name: GUENTHNER First Name: TONI Middle Name: S Active Duty Status As Of: Apr -21 -2014 On Active Duty On Active Duty Status Data Active Duty Start Date Active Duty End Date Status Service Component NA NA +` .,i: -= r _ - No - NA This response refle is the Individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA 1 _ NA . . - No I NA This response reflects where the individual left active duty status. within 367 days preceding the Active Duty Status Date The Member or HintHer Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA • NA . _ No . NA This response reflects wheth r the individual or his /her.unit has received early notification tO report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised JPMORGAN CHASE BANK, NATIONAL : CUMBERLAND COUNTY ASSOCIATION : COURT OF COMMON PLEAS vs. TONI S. GUENTHNER : CIVIL DIVISION : No. 14-709-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on ��) 1 . If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ,Philadelphia, PA 19103 215 -563 -7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 939844 JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff v. TONI S. GUENTHNER NO. 14- 709 -CIVIL Defendant(s) CUMBERLAND COUNTY TO: TONI S. GUENTHNER 29 CARRIAGE WAY WEST SAINT PETERS, MO 63376 -2323 DATE OF NOTICE: Li , 4 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 939844 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 By: v i . ......... ..... ........ Chrisovalante P. Flakos, Esq., Id. No.94620 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 DIVISION Plaintiff v. TONI S. GUENTHNER NO. 14- 709 -CIVIL Defendant(s) CUMBERLAND COUNTY TO: TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013 -8745 DATE OF NOTICE: 414 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 Oh"I bR LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 939844 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By:.. Chrisovalante . Fliakos, Esq., Id. No.94620 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. Toni S. Guenthner Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/23/2014 to Date of Sale ($26.06 per diem) TOTAL Note: Please attach description of property. PH # 939844 : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14-709-CIVIL CUMBERLAND COUNTY $158,557.20 $3,492.04 $162,049.24 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Township of North Middleton, County of Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at point on the northern right-of-way line of Partridge Circle, at the southeast corner of Lot No. 18-A on the hereinafter described Final Subdivision Plan; THENCE along the eastern line said Lot No. 18-A, North 24 degrees 45 minutes 28 seconds East, a distance of 175.48 feet to a point on the southern line of Lot No. 15-F on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No. 15-F, South 58 degrees 05 minutes 00 seconds East, a distance of 20.158 feet to a point at the northwest corner of Lot No. 18-C on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 18-C, South 24 degrees 45 minutes 28 seconds West, a distance of 172.97 feet to a point on the northern right-of-way line of Partridge Circle; THENCE along the northern right-of-way line of the Partridge Circle; North 65 degrees 14 minutes 32 seconds West, a distance of 20.00 feet to a point at the southeast corner of Lot No. 18-A on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 3,484.50 square feet, more or less. BEING Lot No. 18-B of Final Subdivision Plan-Phase 2, Middleton Estates, prepared by Hartman & Associates, Inc., and recorded in the Office at the Recorder of Deeds of Cumberland County in Plan Book 72, Page 116. UNDER AND SUBJECT to a 5.00 foot pedestrian access easement across the northern portion of the premises as shown on the above-referenced Final Subdivision Plan. AND UNDER AND SUBJECT to the Bylaws of Middleton Estates Community Association, Inc. recorded in Cumberland County Miscellaneous Book 340, Page 597, First Amendment to Bylaws of Middleton Estates Community Association, Inc., dated August 28, 1997. recorded in the office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 558, Page 658, and Declaration of Reciprocal Easements Applicable to Middleton Estates-Phase 2, dated April 24, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 546, Page 775. HAVING ERECTED thereon a dwelling. TITLE TO SAID PREMISES IS VESTED IN Toni S. Guenthner, a single woman, by Deed from Joyce A. Paulus, Executri)Lfor_the_Estate &Re - • I ..28/2U14,recor-ded 09/30/2011 in Instrument Number 201127078. PREMISES BEING: 84 Partridge Circle, Carlisle, PA 17013-8745 PARCEL NO. 29-15-1252-080 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215 -563 -7000 JPMorgan Chase Bank, National Association Plaintiff v. Toni S. Guenthner Defendant(s) 4i 1" 1 iii PRO THC O A.i , 2014 APR 22 API 16: 114 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14-709-CIVIL . Cumberland County The undersigned attorney hereby states that he /she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11 -1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff JPMorgan Chase Bank, National Association Plaintiff V. Toni S. Guenthner Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14-709-CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, National Association, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 84 Partridge Circle, Carlisle, PA 17013-8745. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Toni S. Guenthner 29 Carriage Way West Saint Peters, MO 63376-2323 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Toni S. Guenthner 29 Carriage Way West Saint Peters, MO 63376-2323 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. - , 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be ---; --- reasonably ascertained, please indicate) --'-`: -4.— None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) Middleton Estates Community Association, Inc. 41 Partridge Circle Carlisle, PA 17013 PH # 939844 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which niay be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 84 Partridge Circle Carlisle, PA 17013 -8745 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108 -1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: c412/// PH # 939844 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 JPMorgan Chase Bank, National Association : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO.: 14-709-CIVIL Toni S. Guenthner Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY me :-23 70 TO: Toni S. Guenthner ▪ N) : , 29 Carriage Way West r 7' --4 ` Saint Peters, MO 63376 -2323 ��-, • �-' -4 - * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION Of TAINED 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 84 Partridge Circle, Carlisle, PA 17013 -8745 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $158,557.20 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. 14-709-CIVIL JPMorgan Chase Bank, National Association V. Toni S. Guenthner owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 84 Partridge Circle, Carlisle, PA 17013-8745 Parcel No. 29-15-1252-080 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $158,557.20 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Township of North Middleton, County of Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at point on the northern right-of-way line of Partridge Circle, at the southeast corner of Lot No. 18-A on the hereinafter described Final Subdivision Plan; THENCE along the eastern line said Lot No. 18-A, North 24 degrees 45 minutes 28 seconds East, a distance of 175.48 feet to a point on the southern line of Lot No. 5-F on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No. 15-F, South 58 degrees 05 minutes 00 seconds East, a distance of 20.158 feet to a point at the northwest corner of Lot No. 18-C on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 18-C, South 24 degrees 45 minutes 28 seconds West, a distance of 172.97 feet to a point on the northern right-of-way line of Partridge Circle; THENCE along the northern right-of-way line of the Partridge Circle; North 65 degrees 14 minutes 32 seconds West, a distance of 20.00 feet to a point at the southeast corner of Lot No. 18-A on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 3,484.50 square feet, more or less. BEING Lot No. 18-B of Final Subdivision Plan-Phase 2, Middleton Estates, prepared by Hartman & Associates, Inc., and recorded in the Office at the Recorder of Deeds of Cumberland County in Plan Book 72, Page 116. UNDER AND SUBJECT to a 5.00 foot pedestrian access easement across the northern portion of the premises as shown on the above-referenced Final Subdivision Plan. AND UNDER AND SUBJECT to the Bylaws of Middleton Estates Community Association, Inc. recorded in Cumberland County Miscellaneous Book 340, Page 597, First Amendment to Bylaws of Middleton Estates Community Association, Inc., dated August 28, 1997. recorded in the office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 558, Page 658, and Declaration of Reciprocal Easements Applicable to Middleton Estates-Phase 2, dated April 24, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 546, Page 775. HAVING ERECTED thereon a dwelling. TITLE TO SAID PREMISES IS VESTED IN Toni S. Guenthner, a single woman, by Deed from Joyce A. Paulus, Executrix for the Estate of Betty M. Slagle, dated 09/28/2011, recorded 09/30/2011 in Instrument Number 201127078. PREMISES BEING: 84 Partridge Circle, Carlisle, PA 17013-8745 PARCEL NO. 29-15-1252-080 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. TONI S. GUENTHNER WRIT OF EXECUTION NO 14 -709 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $158,557.20 L.L.: $.50 Interest FROM 4/23/2014 TO DATE OF SALE ($26.06 PER DIEM) - $3,492.04 Atty's Comm: Atty Paid: $188.53 Plaintiff Paid: Date: 4/22/14 REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215 -563 -7000 Supreme Court ID No. 203034 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy 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. ATTORNEY FOR PLAINTIFF C'3 k r1 Court of Common I ▪ Is Civil Division >cD c~� ▪ cw CUMBERLAND Cou TONI S. GUENTHNER No.: 14 -709 -CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 7, 2014. 2. Judgment was entered on April 22, 2014 in the amount of $158,557.20. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 3, 2014. 939844 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the jtdgment. The amount of damages should now read as follows: Principal Balance Interest Through September 3, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow to be Paid Escrow Deficit $146,138.56 $13,507.87 $565.18 $1,300.00 $1,083.53 $112.00 $390.00 $1,631.18 $4,415.09 TOTAL $169,143.41 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on June 11, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 939844 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 6/Z//By: Phelan Hallinan, LLP Just./ obeski, Esquire ATTORNEY FOR PLAINTIFF 939844 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 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division v. CUMBERLAND County TONI S. GUENTHNER No.: 14 -709 -CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L BACKGROUND OF CASE TONI S. GUENTHNER 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 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 939844 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (.1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 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 939844 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 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 939844 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 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. 939844 VL ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 939844 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. 939844 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 939844 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: 6b1 Phelan Hallinan, LLP By: Jus f716, Esquire Atto s,-aintiff 939844 Exhibi «A» 939844 4 i1 rHE rROIHONOTA,,. PHELAN HALLINAN, LLPI0I4 APR 22 AM 10: 3 Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite ANBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. TONI S. GUENTHNER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS *IVISION 09 -CIVIL PRAECIPE FOR IN REM JUDG I NT FOR FAILURE TO ANSWER AND ASSESS a NT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plain 'ff and against TONI S. GUENTHNER, Defendant(s) for failure to file an Answer to Plainti * .+ v1erfwithin 20 days from service thereof and for foreclosure and sale of illiginall"� .. L• , ` nd assess Plaintiff's damages as follows: PLEA As set forth in Complaint TOTAL I hereby certify that (1) the Defendants last WEST, SAINT PETERS, MO 63376-2323>?aii!'84d 17013-8745, and (2) that notice has been given in" Date $158,557.20 $158,557.20 are 29 CARRIAGE WAY WCT F41 CARLISLE, PA 1e`Pa.R.C.P 237.1. Adam H. Davis, Esq., Id. No.203034 Attdlaey foipklaintiff� A DAMAGES ARE HEREBY ASSESSED AS INDI( ATED. DATE: 19 PH # 939844 PROTHONOTARY 939844 Exhibi “B99 939844 PHELAN HAL 1617 John F. Kenn Suite 1 Philadelphia, (215) 563 FAX#: (215) Phelan Hallinan, LLP May 30, 2014 TONI S. GUENTHNER 29 CARRIAGE WAY WEST SAINT PETERS, MO 63376-2323 RE: JPMORGAN CHASE BANK, NATIONAL Premises Address: 84 PARTRIDGE CIRCL CUMBERLAND County CCP, No. 14 -709 - Dear Defendant, Enclosed please find a true and correct copy and Order. In accordance with Cumberland County concurrence with the requested relief that is, increasi respond to me within 5 days, by 6/5/2014. Should you have further questions or conce Otherwise, please be guided accordingly. Very truly your • trei, Esq., Id. No.200392 A . ' racy for Plaintiff Enclosure INAN, LLP dy Boulevard 00 A 19103 7000 63-3459 Representing Lenders in Pennsylvania ASSOCIATION v. TONI S. GUENTHNER CARLISLE, PA 17013 IVIL f my proposed Motion to Reassess Damages ocal Rule 208.3(9), I am seeking your g the amount of the judgment. Please s, please do not hesitate to contact me. 939844 Name and Address Of Sender Line 2 3 Article Number Total Number of Pieces Listed by Sender Forrri 3877 Facsimile Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Name of Addressee, Street, and Post Office AdJOH dress TONI S. GUENTHNER 29 CARRIAGE WAY WEST SAINT PETERS, MO 63376-2323 TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 TONI S. GUENTHNER 30 DEWITT CIRCLE CAMDEN, DE 19934-4712 RE: TONI S. GUENTHNER (CUMBERLAND) PH # 939844/1200 Page 1 of I Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) Posta $0.47 $0.47 50.47 51.41 The full declaration of value is required on all domestic and international registered mail. for the reconstruction of nonnegotiable documents under Express Mail document reeonst piece subject to a limit of S500,000 per occurrence The maximum indemnity p.ab The maximum indemnity payable is 525,000 for registered mail, sent with oot R900 5913 and S921 for limitations of coverage. 939844 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. TONI S. GUENTHNER Defendant CERTIFICATION I hereby certify that true and correct copies and Brief in Support thereof, were sent to the follo TONI S. GUENTHNER 29 CARRIAGE WAY WEST SAINT PETERS, MO 63376-2323 TONI S. GUENTHNER 30 DEWITT CIRCLE CAMDEN, DE 19934-4712 DATE:0/4X By: Jus AT T 8 C Phel inHal ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -709 -CIVIL F SERVICE f Plaintiffs Motion to Reassess Damages, ing individual on the date indicated below. NI S. GUENTHNER PARTRIDGE CIRCLE ISLE, PA 17013-8745 LLP obeski, squire ORNEY F 0 R PLAINTIFF 939844 PHELAN HAL INAN, LLP 1617 John F. Kenn dy Boulevard Suite 1' 00 Philadelphia, 'A 19103 (215) 563 7000 FAX#: (215) 63-3459 Phelan Hallinan, LLP June 1Z 2014 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. TONI S. GUENTHNER CUMBERLAND County CCP, No. 14-709 CIVIL Dear Sir or Madam: Enclosed for filing please find Motion to Re. ssess Damages, Brief in Support thereof, and Certification of Service with regard to the above cap`ioned matter. Kindly return a time -stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly your Just .."Kobeski, Esq., Id. No.200392 orney for Plaintiff Enclosure cc: TONI S. GUENTHNER 939844 `/\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division v. CUMBERLAND County TONI S. GUENTHNER No.: 14 -709 -CIVIL Defendant RULE AND NOW, this /? a day of <7_ 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to 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. 939844 .e1ristin F. Kobeski, Esq., Id. No.200392 Phelan Hailinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 .ANI S. GUENTHNER 29 CARRIAGE WAY WEST SAINT PETERS, MO 63376-2323 XONI S. GUENTHNER 30 DEWITT CIRCLE CAMDEN, DE 19934-4712 Cap is...c /Qi tL /0/1/#t/Ii S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 939844 939844 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. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County TONI S. GUENTHNER No.: 14 -709 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 17, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. TONI S. GUENTHNER 29 CARRIAGE WAY WEST. SAINT PETERS, MO 63376-2323 TONI S. GUENTHNER 30 DEWITT CIRCLE CAMDEN, DE 19934-4712 DATE: 72cal�c/ By: TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 C) r- me, rn cPO le: rn- cn ., r\..)r r '`j CD ' _mac, Phelanna s , LLP /- ---T ` �3 cs -r -< c'.? Justi . . Kobes Esq., Id. No.200392 At, �ney for Plaintiff 939844 BF 1$ PR-- -1 Phelan Hallinan, LLP f 8��4 i;. ;. Jonathan Lobb, Esq., Id. No.3121 � � JUS. 10 Aft In. 2 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 14O »JttBER 2 One Penn Center Plaza PEPdP,�SYL�rp(�p�r,� Philadelphia, PA 19103 q Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs. CUMBERLAND County TONI S. GUENTHNER No.: 14 -709 -CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on June 13, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about June 17, 2014 directing the Defendant to show cause by July 7, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on June 26, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked. Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of July 7, 2014.. 939844 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 7/q itY By: Jo r than Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 3 939844 Exhibit "A" 939844 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff V. TONI S. GUENTHNER Defendant AND NOW, this Court of Common Pleas Civil Division CUMBERLAND County No.: 14-709-CIVTI RULE day of JLLA)t. 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to 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 cr: rr 939844 Justin 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 TONI S. GUENTHNER 29 CARRIAGE WAY WEST SAINT PETERS, MO 63376-2323 TONI S. GUENTHNER 30 DEW1'11. CIRCLE CAMDEN, DE 19934-4712 TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 939844 939844 Exhibit "B" 939844 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.. TONI S. GUENTHNER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:14-709-CIVIL PLEASE R OO CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 17, 2034 Rule directir ATTORNEY the Defendant to show cause as to why Plaintiffs Motion to Reassess DamagesOpyltricorlie granted was served upon the following individual on the date indicated below. TONI S. GUENTHNER 29 CARRIAGE WAY WEST. SAINT PETERS, MO 63376-2323 TONI S. GUENTHNER 30 DEWITT CIRCLE CAMDEN, DE 19934-4712 DATE: By: TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 zrrl Phelan ''.nat , LLP Just.iirobes ^', Esq., Id. No.200392 At;oFney for Plaintiff r 44* IN) C) COP`` 939844 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 Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs. CUMBERLAND County TONI S. GUENTHNER No.: 14 -709 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. TONI S. GUENTHNER 29 CARRIAGE WAY WEST SAINT PETERS, MO 63376-2323 TONI S. GUENTHNER 30 DEWITT CIRCLE CAMDEN, DE 19934-4712 DATE: 7 /41/, ' By: TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 Phelan Hallinan, LLP Jcfathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 939844 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs. TONI S. GUENTHNER Defendant ORDER c-. CUMBERLAND Coin r No.: 14 -709 -CIVIL cin r ._ N r AND NOW, this /gr day of qa, 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through September 3, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Escrow to be Paid Escrow Deficit TOTAL Plus interest at six percent per annum. $146,138.56 $13,507.87 $565.18 $1,300.00 $1,083.53 $112.00 $390.00 $1,631.18 $4,415.09 $169,143.41 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 939844 PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff v. TONI S. GUENTHNER Defendant CF THE tPi p HO �C OTARY 2014 JUL 25 nil 10: y CU>�BENSAND COUNTY f.VANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -709 -CIVIL 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 Defendant, TONI S. GUENTHNER, by certified mail and regular mail at 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 and posting 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 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 September 3, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, TONI S. GUENTHNER, with the Notice of Sale at the mortgaged premises, 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013- 8745, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". There was no answer at the mortgage premises. 4. Attempts to serve Defendant, TONI S. GUENTHNER, with the Notice of .Sale at 29 CARRIAGE WAY WEST, SAINT PETERS, MO 63376-2323, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The defendant moved from this address. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. Plaintiff contacted the Prothontary's Office and as of July 15, 2014, no Judge has previously entered a ruling in this case. 7 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 Defendant on July 17, 2014 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs July 17, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8 Plaintiff submits that it has made a good faith effort to locate the Defendant, TONI S. GUENTHNER, but has been unable to do so. 9. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of July 15, 2014 to bring loan current. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to TONI S. GUENTHNER at 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 and posting 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 and by publication. Phelan Hallinan, LLP DATE: -765/itv By: Jo than Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -709 -CIVIL Plaintiff v. TONI S. GUENTHNER Defendant 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 Defendant 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 by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (B) (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 Defendant, TONI S. GUENTHNER, are unknown, a reasonable investigation of his/her 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 Defendant 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 Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to TONI S. GUENTHNER at 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 and posting 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 and by publication pursuant to PA.R.C.P. 3129.2. DATE: 7/7Yliy Phelan Hallinan, LLP By: Jathan Lob •, Esquire Bar ID No: 312174 Attorney for Plaintiff • PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff V. TONI S. GUENTHNER Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -709 -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. TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 DATE: Phelan Hallinan, LLP By: onathan Lobb, Esquire Bar ID No: 312174 Attorney for Plaintiff E 66A 99 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 939844 SERVICE TEAM/ Ixh COURT NO.: 14.709 -CIVIL PLAINTIFF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DEFENDANT TONI S. GUENTHNER SERVE TONI S. GUENTHNER AT: 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 SERVED Served and made known to TONI S. GUENTHNER, 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: 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: lNO TSE'RVEt On the x5odaof �j' 20 I; at+lSoclack p M, l; Ronald Moll state that DefendantyNOT YJND because: i Vacant _ DoesNot Exist Moved _ Does Not Reside (Not Vacant) ✓No Answer on 5141/4 at (0:00 4 ; U ¢A, Borah ; i/eh 4 e 2 : 3o a competent adult hereby _.Service Refused Other: I underr falsificati n o:auf' srities. this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn BY: p 'gy PRINTED NAME: c1 ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DEFENDANT TONI S. GUENTHNER SERVE TONI S. GUENTHNER AT: 29 CARRIAGE WAY WEST SAINT PETERS, MO 63376-2323 PH # 939844 SERVICE TEAM/ Ixh COURT NO.: 14 -709 -CIVIL TYPE OF ACi'ION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 SERVED Served and made known to TONI S. GUENTHNER, Defendant on the day of , 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 Defendants) 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 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. ,20,at Sworn to and subscribed before me this day of , 2Q__. Notary;. By: ►� NOT SERVED On the a2 day ofN/' pk,ND 2019, at Tls'0 o'clock E. M.., I, _ state that Defendant FUND because: Vacant _ Does Not Exist Moved _No Answer on Service Refused Other:: .Sworn to and s l efor Pxj th'r . _ of. a competent adult hereby _ Does Not Reside (Not Vacant) at at Pengektsp S:1<iftri t E S4te, ImayteA clptc1C1, wee k ot30. g c45tGC 4O't'L4(t er ifrtcot-14.1 tvvl TONYA WOODS My Commission Expires January 18,2017 St. Charles Sotmty Canxntaelon 012401413 ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 E HIBI AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 939844 Attorney Firm: Phelan Hallinan, LLP Subject: Toni S. Guenthner Property Address: 84 Partridge Circle, Carlisle, PA 17013 L CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Toni S. Guenthner - xxx-xx-4246 B. EMPLOYMENT SEARCH Toni S. Guenthner - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Toni S. Guenthner reside(s) at: 84 Partridge Circle, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Toni S. Guenthner. B. On 01-03-14 our office made several telephone calls to a possible phone number of the subject(s) (302) 359-3800 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 01-03-14 our office made several phone calls in an attempt to contact Daniel E. Gilbert (717) 249-3148, 86 Partridge Circle, Carlisle, PA 17013: answering machine. On 01-03-14 our office made several phone calls in an attempt to contact Alyssa D. Smith (717) 249-5385, 78 Partridge Circle, Carlisle, PA 17013: answering machine. On 01-03-14 our office made a phone call in an attempt to contact Bruce B. Hin (717) 249-8986, 76 Partridge Circle, Carlisle, PA 17013: spoke with an unidentified female who could not confirm that the subject reside(s) at 84 Partridge Circle, Carlisle, PA 17013. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-03-14 we reviewed the National Address database and found the following information: Toni S. Guenthner - 84 Partridge Circle, Carlisle, PA 17013. B. ADDITIONAL ACI IVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 01-03-14 Vital Records and all public databases have no death record on file for Toni S. Guenthner. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Toni S. Guenthner - 1973 B. A.K.A. Toni Sue Meyers; Toni S. Gillies * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. 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. 4904 relating to unsworn falsification to authorities. e above information is obtained from available public records and we are only liable for the cost of the affidavit. SUSAN P. Moran, Legal Service Department July 17, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com Assistant, Ext. 1253 TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 Representing Lenders in Pennsylvania RE: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. TONI S. GUENTHNER Premises Address: 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 CUMBERLAND County, No. 14 -709 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by July 24, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP 939844 Name and Phelan Hallinan, LLP Address IIII. 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 SPL Line Article Number Name of Addressee, Street, and Post Office Address 1 TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 Postage S0.48 2 $0.48 4n ti RE: TONT S. GUENTHNER (CUMBERLAND) TEAM 4 PH # 939844/1021 Page 1 of 1 $0.96 Toed Number of Pisces timed by Snider Taal Namba of Pisces Received* Post Office Poweaster, Par (Name of Receiving Employes) The WI decimation amebae is required m all domestic and ioeermtimd registered mal. The maximum indemnity payable for dee reconstruction of uomedodabie doaaxuts nada Express Mail document,ecaustrndim insurance is 530,000 pa piece abject to a hmit of $500,000 pa °casrresox . The mains= iedemaity payable as Express Mal merebaodne is 5300. The maximum indemnity payable is S25,000 far registered mail, feat with opioid inseam. See Domestic Mal Manual R900 5913 and S921 for limitation( of coverage. Form 3877 Facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff v. TONI S. GUENTHNER Defendant CIVIL DIVISION 2 -a 3 NO. 14-709-CIVILz al rL— � s C) CD - C) x A�a --i N > --c , ORDER AND NOW, this 3o ` day of 9,47 , 2014, after 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 Defendant TONI S. GUENTHNER by: REGULAR MAIL at 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 Service by mail is complete upon the date of mailing CERTIFIED MAIL at 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 Service by mail is complete upon the date of mailing POSTING 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013- 8745 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). CC"PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19.103 W `l t ,y- �-� PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 E[3-0F`�0 UU HE ` TPROTNGNfUTAR`'r Attorney for PlatkJLJL 30 AM 11:.1 t+ CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff, v. TONI S. GUENTHNER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 14 -709 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 747/6r Adam H. Davis, Esq., Id. No.203034 Attorney for 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 # 939844 Nameand Phelan Hallinan, LLP Address 1.11I 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Pima Philadelphia, PA 19103 Article Number AVOCET . 09/03/2014 SALE Name of Addressee, Street. and Past OM= Address 1 it** TENANT/OCCUPANT 84 PARTRIDGE CIRCLE CARLISLE, PA 170134745 Postage 80.47 2 Commonwealth Bureatkof Individual Taxes Inheritance Tax Division' 6tb floor, Strawberry Sq. Dept 280601 Harrbburg, PA 17128 $0.47 it it Department of Public Welfare, TPL Casualty Unit,Estate Recovery Program P.O. Box 8486 411P Wthow Oak Building Harrisburg, PA 17105 $0.47 4 Middleton Estates Community Association, Inc., 41 PARTRIDGE CIRCLE CARLISLE, PA 17013 50.47 5 *$0* Domestic Relations of Cumberland County, 13 North Hanover Street Carlisle, PA 17033 50.47 17102 P nrr 6 ** it Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 7 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 80.47 US. Department of justice V.S. Attorney for The Middle Dist t PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17.1084754....„--- 80.47 OHNIFONFEMUENTIINER ICUMBERLANDf1thithIFEF3 $3.76 Total Nootir of Picea Lited Total Noniel of PkCCA Realved Poo Office Posseneruer, Per (Name of Recelrins Employee/ • Form 3877 Facsimile The MI eletbasiiem of *Woe requiFdoo lel dorneek tad lox mama! reglaattea boil. Th. T111.1,11317105leno05y pool,* for the recoretnclion of eoneeyollable efre-tne Ma order Eapsese Mail ihtesseneni reeonstrozlion inooarice 350.000 per pinat sobyest to • limit of 3500,0D) per Dammam The erissIxresto blderessity payable onEo, Miltenissralbe *$RO, The truaieteo haleirrity payable is 125X1Xl for regeirteret ft.11. leo, v4116144.0 str Doetalk Mail Mimeo' R9G0 S913 vet S931 foe &akin:arts of eovenge- lQftiJ 2014 AUG 12 11111:03 CUt BERL .n ND PENNSYLVAN OU PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff JPMORGAN CHASE BANK, NATIONAL ASSOCIATION : Plaintiff : CIVIL DIVISION v. TONI S. GUENTHNER Defendant(s) : No.: 14 -709 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 09/03/2014 at 10:00 AM in the above -captioned matter has been continued until 11/05/2014 at 10:00 AM. Date: PH # 939844 spV/1( man, Esq., Id. No.318079 At . e for Plaintiff PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION : Plaintiff v. TONI S. GUENTHNER Defendant(s) CERTIFICATION OF SERVICE Attorney for Plaintiff : CIVIL DIVISION : No.: 14 -709 -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: TONI S. GUENTHNER 29 CARRIAGE WAY WEST SAINT PETERS, MO 63376-2323 TONI S. GUENTHNER 30 DEWITT CIRCLE CAMDEN, DE 19934-4712 Date: PH # 939844 TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 sman, Esq., Id. No.318079 Attornfor Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff vs. TONI S. GUENTHNER Defendant LED -OFF- CE OT THE Pii0-11-IONOTAR'i 2t 1 SEP 12 AM 10: 29 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -709 -CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to TONI S. GUENTHNER on 8/11/2014 and 8/16/2014 in accordance with the Order of Court dated 7/30/2014. The property was posted on 8/17/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: Phelan Hallinan, LLP By: Michell J. Stranen, E Attorney for Plaintiff q., d. No.208793 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION CIVIL DIVISION Plaintiff NO. 14 -709 -CIVIL V. TONI S. GUENTHNER Defendant ORDER AND NOW, this 4-341\___day of , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sal 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 Defendant TONI S. GUENTHNER by: V PH # 939844 REGULAR MAIL at 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 Service by mail is complete upon the date of mailing CER I IF IED MAIL at 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013-8745 Service by mail is complete upon the date of mailing POSTING 84 PARTRIDGE CIRCLE, CARLISLE, PA 17013- 8745 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: m J. CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 r Name and Address of Sender PHELAN HALLINAN LLP One Penn Center at Suburban, Suite 1400 Philadelphia, PA 19103 Line Article Number Name of Addressee, Street, and Post Office Address Postage t3;} .': .; ' ,• • . ••,./ ,=j. ��. -+l ey, .i. I 1 V -i . ... 1 "es TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 . 2 **** * .kit 3 **** _... M • _.. _„tri, A613 1 5 . 6 **** SO ,� tf�;. 7 **** 8 **** 9 **** 10 **** 11 **** 12 ' 13 14 15 RE: ROBERT LARRY PH -939844 CUMBERLAND Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) SPL -CERTIFICATE OF MAILING -NOS CODE -1020 AFFIDAVIT OF SERVICE PLAINTIFF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DEFENDANT TOM S. GUENTHNER SERVE TONI S. GUENTHNER AT: 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 ****PLEASE POST THE PROPERTY*** Cam h-erlano1 da)I .. PH # 939844 SERVICE TEAM/ spl COURT NO.: 14 -709 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 11/05/2014 Served a adc known CO TONI S G.UENTII-NI ii, De.tcndant on I .day.o toclock tvl.; Itt 84 PARTRIDGE CIRCLE, CARLISLE PA 1701:3 8745,: in the manner cribed below. ndan( 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. POSTED THE PROPERTY XX Other: I3e j j lie : Age igt Weight Race ... Sex Other � , . ecsnt ' frnt ;duh, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statone' s t a'„ subject to the +hes; of : ', C.S. Sec. 4904 relating to u' :unci; falsification to authorities. DATE. NAME:. PRINTi TITLE: NOT SERVED. On the dayof , 20 , at o'clock . M., I, , a competent adult hereby state that1'�'endant i • $ .-cause: Vacant Does Not Exist __.. Moved_ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id, No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J. Hanyon, Esq., Id. No. 203993 Matthew G. Brushwood, Esq., Id. No. 310592 Justin F. Kobeski, Esq., Id. No. 200392 Adam Davis, Esq., Id. No. 203034 Joseph E, DeBarberie, Esq., Id. No. 315421 Michael Dingerdissen, Esq„ Id. No. 317124 I II I I USPS CERTIFIED MAILTM I iii I I II I 9214 8969 0096 4000 1145 08 SPL / 939844 RESTRICTED DELIVERY TONI S. GUENTHNER 84 PARTRIDGE CIRCLE CARLISLE, PA 17013-8745 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - USPS TrackingTM Page 1 of 1 English Customer Service usPicom. Quick Tools USPS Tracking TM USPS Mobile Ship a Package Tracking Number: 9214896900964000114508 Product & Tracking Information Postal Product: First -Class Mail DATE & TIME Features: Certified Mail' Send Mail Manage Your Mail STATUS OF ITEM August 18, 2014 , 9:00 am Delivered LOCATION PHILADELPHIA, PA 19103 Your item was delivered at 9:00 am on August 18, 2014 in PHILADELPHIA, PA 19103. August 16, 2014 , 11:33 am August 16, 2014 , 9:37 am August 16, 2014 , 9:27 am August 16, 2014 , 9:03 am August 11, 2014 Available for Pickup Out for Delivery Pre -Shipment Info Sent to USPS Sorting Complete Arrived at Unit PHILADELPHIA, PA 19103 PHILADELPHIA, PA 19104 PHILADELPHIA, PA 19104 PHILADELPHIA, PA 19104 Register / Sign In Search USPS.com or Track Packages Subs Shop Business Solutions Customer Service Have questions? We're here to help. Available Actions Return Receipt Electronic Text Updates Email Updates Track Another Package What's your tracking (or receipt) number? L.,:Track it LEGAL Privacy Policy Terms of Use , FOIA No FEAR Act EEO Data. IiuspsC ON USPS.COM Government Services Buy Stamps & Shop . Print a Label with Postage. Customer Service Delivering Solutions to the Last Mile Site Index I Copyright© 2014 USPS. All Rights Reserved. ON ABOUT.USPS.COM About USPS Home. Newsroom USPS Service Alerts, Forms & Publications' Careers. 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