HomeMy WebLinkAbout14-3307 Supreme Cour-t;of Pennsylvania
Coud'`o C,o�n,,Pleas
For Prothonotary Use Only:
,40
C`ove�>Sheet
Ci7MB SAND County Docket No:
00
3 pry
The information collected on this forst is used solely for court administration purposes. This form does not
supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S ❑x Complaint ❑Writ of Summons ❑Petition
E ❑Transfer from Another Jurisdiction ❑Declaration of Taking
Lead Plaintiff's Name: PNC BANK,NATIONAL Lead Defendant's Name: DEVLIN JACK
C ASSOCIATION, SUCCESSOR BY MERGER TO
T NATIONAL CITY MORTGAGE,A DIVISION OF
I NATIONAL CITY BANK
0 Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: Elwithin arbitration limits
(Check one) ❑x outside arbitration limits
Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑Yes N No
A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb,Esq.,Id.No.312174,Phelan Hallinan,LLP
❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE.If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑ Intentional ❑Buyer Plaintiff Administrative Agencies
❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment
❑Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑Nuisance ❑ Dept.of Transportation
❑Premises Liability ❑ Statutory Appeal:Other
❑Product Liability(does not
S include mass tort) ❑Employment Dispute:
❑ Slander/Libel/Defamation Discrimination
E ❑Other: ❑Employment Dispute: Other ❑Zoning Board
C ❑Other:
T
I MASS TORT ❑Other:
U ❑Asbestos
N ❑Tobacco
❑Toxic Tort-DES —
❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration
B ❑Other: ❑Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑Non-Domestic Relations
®Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY ❑Mortgage Foreclosure: Commercial ❑Quo Warranto
❑Dental ❑Partition ❑Replevin
❑Legal ❑Quiet Title ❑Other:
❑Medical ❑ Other:
❑ Other Professional:
PHELAN HALLINAN,LLP
Jonathan Lobb,Esq.,Id.No.312174
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia,PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
PNC BANK,NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL CITY COURT OF COMMON PLEAS
MORTGAGE,A DIVISION OF NATIONAL CITY
BANK CIVIL DIVISION
3232 NEWMARK DRIVE
MIAMISBURG, OH 45342 TERM
Plaintiff NO. l
V.
CUMBERLAND COUNTY
DEVLIN JACK
802 SHERWOOD ROAD
NEW CUMBERLAND,PA 17070-1450
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
)b3.-iSPdo
C-i/ aL I�as�y
File#: 943749
2# ' � `� `�
I. Plaintiff is
PNC BANK,NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO
NATIONAL CITY MORTGAGE,A DIVISION OF NATIONAL CITY BANK
3232 NEWMARK DRIVE
MIAMISBURG, OH 45342
2. The name(s) and last known address(es) of the Defendant(s) are:
DEVLIN JACK
802 SHERWOOD ROAD
NEW CUMBERLAND,PA 17070-1450
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 10/27/2006 DEVLIN JACK made, executed and delivered a mortgage upon the
premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office
of the Recorder of Deeds of CUMBERLAND County, in Book 1971, Page 1275.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. 1.019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 09/01/2013 and each month thereafter are due and unpaid, and by the terms
of said mortgage,upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File 9: 943749
6. The following amounts are due on the mortgage as of 04/18/2014:
Principal Balance $109,765.09
Interest $4,893.04
08/01/2013 to 04/18/2014
Late Charges $225.36
Property Inspections $84.00
Escrow $1,051.59
TOTAL $116,019.08
7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however,Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding,this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in
2008, and/or Notice of Default as required by the mortgage document, as applicable,
have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary
stay as provided by said notice has terminated because Defendant(s)has/have failed to
meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have
been denied assistance by the Pennsylvania Housing Finance Agency.
File#: 943749
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$116,019.08, 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:
Jona an Lobb,Esq., Id.No.312174
Attrney for Plaintiff
File 4: 943749
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Borough of New Cumberland in the County of Cumberland and Commonwealth of
Pennsylvania,more particularly described as follows:
BEGINNING at a point on the southerly line of Sherwood Road at the westerly line of Lot No.2,
Block'A', on the hereinafter mentioned Plan of Lots, said point being located 78.76 feet West of
the Southwest corner of the southerly intersection of Sherwood Road and Locust Street;thence
southerly intersection of Sherwood Road and Locust Street; thence southwardly along said line
of Lot No. 2,Block'A', 80 feet to a point;thence southwestwardly along the westerly line of Lot
N. 1, Block'A', 65.8 feet to a point on line of lands now or formerly of Elmer Zimmerman
known as 'Zimmerman Acres'; thence along the latter lands southwestwardly 25 feet to a point;
thence along the easterly line of Lot No. 4,Block'A',northwestwardly 122.4 feet to a point on
the southerly line of Sherwood Road; thence along said line of Sherwood Road eastwardly by a
curve to the left having a radius of 509.43 feet, an arc distance of 59.85 feet to a point, the place
of BEGINNING.
HAVING thereon erected a dwelling house known and numbered as 802 Sherwood Road.
UNDER AND SUBJECT to restrictions and easements of instruments of prior record.
PROPERTY ADDRESS: 802 SHERWOOD ROAD,NEW CUMBERLAND,PA 17070-
1450
PARCEL#26-23-0543-174
File#: 943749
VERIFICATION
Barbara Wacker, hereby states that he/slime,is Authorized Signe of PNC
MORTGAGE, A DIVISION OF PNC BANK,NA, Plaintiff in this matter,that he/she is
authorized to make this Verification, and verify that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
DATE:
Name Barbara Wacker
Title: Authorized Signer
PNC MORTGAGE,A DIVISION OF PNC
BANK,NA
File#: 943749
Name: JACK
File#: 943749
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#: 943749
Pa.R.C.P. 205.5 Updated 01/01/2011
FORM 1
IN THE COURT OF COMMON PLEAS
PNC BANK,NATIONAL ASSOCIATION, OF CUMBERLAND COUNTY,PENNSYLVANIA
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE,A DIVISION OF NATIONAL
CITY BANK
Plaintiff(s)
VS.
DEVLIN JACK50 '
Defendants) Civilcn
T i
NOTICE OF RESIDENTIAL MORTGAGE FORECLO' RE
DIVERSION PROGRAM Z-:CD
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 foeclosure action,you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.
First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)2439400
extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative,you must promptly meet with that legal representative within
twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all
requested financial information so that aloan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a
Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an
opportunity to meet with a representative of your lender in an attemptto work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a
conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative.However,you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf.If you and your hwyer complete a financial worksheet in the format attached
hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed
within sixty(60)days of the service upon you of the foreclosure complaint. Ifyou do so and a conciliation conference is
scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
2.//zDate J athan Lobb,Esq.,Id.
No.312174
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/1"RIMARY 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. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description(not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2°d Mortgage Utilities
Car Payment(s) Condo/Neigh.Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop. payment
Install.Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Da /Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes,please provide the following information:
Counseling Agency: Counselor:
Phone(Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ❑ No ❑
If yes,please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes,please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact(Name): Phone:
Servicing Company(Name):
Contact: Phone:
AUTHORIZATION
I/We, ,authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1 Proof of income
2 Past 2 bank statements
3 Proof of any expected income for the last 45 days
4 Copy of a current utility bill
5 Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
�6 Listing agreement(if property is currently on the market)
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Off ICE OF THE SHERIFF
`iE PRO i iii ll7 rA
2011i JUN i3 PH 2: Si
CUMBERLAND COUNTY
PENNSYLVANIA
PNC Bank National Association
vs.
Devlin D. Jack
Case Number
2014-3307
SHERIFF'S RETURN OF SERVICE
06/04/2014 07:14 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Devlin D. Jack, 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 802 Sherwood
Road, New Cumberland Borough, New Cumberland, PA 17070. Residence appears to be vacant.
SHERIFF COST: $52.21 SO ANSWERS,
June 10, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySuite Sheriff Teleosoft, Inc.
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
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
vs.
DEVLIN JACK
Defendants
I- LE :li
OF 11/E Pf-OFFZ
i' THONO TA if r
204 JUL I I 10: 33
CUI1BERL AND COO' PENNSYLVANIA
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
: No. 14-3307 CIVIL
PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above
captioned matter.
B
Date:
/alg, Svc Dept.
File# 943749
PH
AN, LLP
n, Esq., Id. No.318079
y for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
• Ronny R Anderson F� LE"' i I%i=
Sheriff THE PROTHONOTARY
,, oTUniter4
Jody S Smith _ 2111 AUG I it PM 0: 06
Chief Deputy
Richard W Stewart
- - CUMBERLAND COUNTY
�-
Solicitor oFFic=QF T s<<SRIFF PENNSYLVANIA
PNC Bank National Association
vs.
Devlin D. Jack
Case Number
2014-3307
SHERIFF'S RETURN OF SERVICE
07/11/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Devlin D. Jack, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
07/17/2014 04:40 PM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint
in Mortgage Foreclosure served by the Sheriff of York County upon Celeste Jack, Wife, who accepted for
Devlin D. Jack, at 223 Green Lane Drive, Camp Hill, PA 17011. Richard Keuerleber, Sheriff, Return of
Service attached to and made part of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
August 12, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySuus Sheriff, Teleosoft. Inc.
Richard P Keuerleber
Sheriff
Michael S. Hose
Chief Deputy, Operations
SHERIFF'S OFFICE OF YORK COUNTY
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
PNC BAN, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO NATIONAL CITY
MO
vs.
DEVLIN JACK (et al.)
Case Number
14-3307 CIVIL
SHERIFF'S RETURN OF SERVICE
07/17/2014 04:40 PM - DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM BY
HANDING ATRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE CELESTE JACK,
WIFE, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR DEVLIN D. JACK AT 223 GREEN
LANE DRIVE, CAMP HILL, PA 17011.
SHERIFF COST: $45.40
August 06, 2014
REY STRINE, DEPUTY
SO RS,
RICH • RD P KE 1 RL B ' , SHERIFF
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sheila E. Cook, Notary Public
City of York, York County
My Commission Ex•ires Feb. 1, 2017
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
Affirmed and subscribed to before me this
6TH day of AUGUST
NOTARY
2014
(c) CountySuite Sheriff. Teleosoft, Inc.
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.L,obb@phelanhallinan.com
215-563-7000
E=ILFU-OF FICL
THE PRO THONOTt,t‘
20i4 SEP 26 Ail 1S: ; I
CUMBERLAND COUNTY
PENNS YLVANIA
PNC BANK, NATIONAL
ASSOCIATION, SUCCESSOR BY
MERGER TO NATIONAL CITY
MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
vs.
DEVLIN JACK
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
No. 14-3307 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 DEVLIN JACK,
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 $116,019.08
TOTAL
$116,019.08
I hereby certify that (1) the Defendant's last known addresses are 223 GREEN LANE
DR, CAMP HILL, PA 17011-8319 and 802 SHERWOOD ROAD, NEW CUMBERLAND, PA
17070-1450, and (2) that notice has been given in accordance with Rule Pa.', .P 237.1.
Date
Jo an Lobb, Esq., Id. No.312174
WhiP
A"torneor Plajtiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
I"
PH # 943749
PROTHONOTARY
C�# Ig3V?)a
943749
3I LSS3
�ifice Kms&
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
PNC BANK, NATIONAL
ASSOCIATION, SUCCESSOR BY
MERGER TO NATIONAL CITY
MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
vs.
DEVLIN JACK
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 14-3307 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) DEVLIN JACK 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 DEVLIN JACK is over 18 years of age and resides at 223
GREEN LANE DR, CAMP HILL, PA 17011-8319 and 802 SHERWOOD ROAD, NEW
CUMBERLAND, PA 17070-1450.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
Ph . n Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
943749
Department of Defense Manpower Data Center
Report
t to Servicemembers Civil. Relief Act
Last Name: JACK
First Name: DEVLIN
Middle Name:
Active Duty Status As Of: Sep -25-2014
Results as of : Sep -25-2014 12:05:59 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA ,f . _
...., ;;:. :r Nri4.
NA
This response reflects the indivtduats'active duty status based on the Active" Ditty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
, NANA
No {' 'r
NA
This response reflects inhere the individual teff active duty status withtr 367 days preceding the Active Ditty Status Date
The Member or HisiHer Unit Was Notified of a Futu e Call -Up to Active Duly on Active Duly Status Date
Order Notification Start Dale
Order Notification End Date
Status
Service Component
NA
NA
No {' 'r
NA
This
response reflects whether the individual or his/her unit has received earty:nOtification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on ttie 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
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL CITY
MORTGAGE, A DIVISION OF NATIONAL CITY
BANK
V.
DEVLIN JACK
Plaintiff
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14-3307 CIVIL
CUMBERLAND COUNTY
TO: DEVLIN JACK
223 GREEN LANE DR
CAMP HILL, PA 17011-8319
DATE OF NOTICE: 11 /I iiitf
THIS FIRM IS A DEBT COLLECTOR A1-1EMPTING 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
I Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By:
PH # 943749
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
Michael D.IngetdiSsen, Esq., Id. No.317124
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PNC BANK, NATIONAL ASSOCIATION, COURT OF COMMON PLEAS
SUCCESSOR BY MERGER TO NATIONAL CITY CIVIL DIVISION
MORTGAGE, A DIVISION OF NATIONAL CITY
BANK NO. 14-3307 CIVIL
Plaintiff
v.
DEVLIN JACK
Defendant(s)
TO: DEVLIN JACK
802 SHERWOOD ROAD
NEW CUMBERLAND, PA 17070-1450
DATE OF NOTICE:
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 01 -1 -ER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By:
PH # 943749
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
Mkha 1 Din .lissen, Esq., Id. No.317124
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(Rule of Civil Procedure No. 236) - Revised
PNC BANK, NATIONAL ASSOCIATION, : CUMBERLAND COUNTY
SUCCESSOR BY MERGER TO
NATIONAL CITY MORTGAGE, A : COURT OF COMMON PLEAS
DIVISION OF NATIONAL CITY BANK
vs. : CIVIL DIVISION
DEVLIN JACK : No. 14-3307 CIVIL
against you on
Notice is given that a Judgment in the above captioned matter has been entered
\a(0114
B
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * *
943749
PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
PNC Bank, National Association, Successor by Merger to National City
Mortgage, A Division of National City Bank
Plaintiff
v.
Devlin Jack
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
Interest from 09/27/2014 to Date of Sale
($19.07 per diem)
TOTAL
Note: Please attach description of property.
PH # 943749
Td
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 14-3307 CIVIL
. CUMBERLAND COUNTY
$116,019.08
$3,032.13
$119,051.21
Phtsfan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
.a:�.
5► . SO LL
C) A -KS -I)/
1Z-4 Sissil
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough
of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the southerly line of Sherwood Road at the westerly line of Lot No.2,
Block 'A', on the hereinafter mentioned Plan of Lots, said point being located 78.76 feet West of the
Southwest corner of the southerly intersection of Sherwood Road and Locust Street; thence
southerly intersection of Sherwood Road and Locust Street; thence southwardly along said line of
Lot No. 2, Block 'A', 80 feet to a point; thence southwestwardly along the westerly line of Lot N. 1,
Block 'A', 65.8 feet to a point on line of lands now or formerly of Elmer Zimmerman known as
'Zimmerman Acres'; thence along the latter lands southwestwardly 25 feet to a point; thence along
the easterly line of Lot No. 4, Block 'A', northwestwardly 122.4 feet to a point on the southerly line
of Sherwood Road; thence along said line of Sherwood Road eastwardly by a curve to the left
having a radius of 509.43 feet, an arc distance of 59.85 feet to a point, the place of BEGINNING.
BEING lot No. 3, Block 'A' on the Plan of Lots of Highland Park Extension, said Plan being
recorded in Plan Book 5, Page 59, Cumberland County records.
HAVING thereon erected a dwelling house
UNDER AND SUBJECT to restrictions and easements of instruments of prior record.
TITLE TO SAID PREMISES VESTED IN Devlin Jack from Annemarie E. King, now by
marriage Annemarie E. King-Potteiger, and Timothy L. Potteiger, wife and husband, in a deed
dated 8/22/2003, recorded 8/27/2003 in Book 258 page 4512.
PREMISES BEING: 802 Sherwood Road, New Cumberland, PA 17070-1450
PARCEL NO. 26-23-0543-174
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
FILED-OFFtCL
JF THE PROTHONO TAi.•
20111 SEP 26 AN IC: 36
CUMBERLAND COUNTY
PENNSYLVANIA
PNC Bank, National Association, Successor by Merger to National
City Mortgage, A Division of National City Bank
Plaintiff
V.
Devlin Jack
Defendant(s)
CERTIFICATION
Attorneys for Plaintiff
• COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO.: 14-3307 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:
P/an Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
F
PNC Bank, National Association, Successor by Merger to
National City Mortgage, A Division of National City Bank
Plaintiff
v.
Devlin Jack
Defendant(s)
•
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 14-3307 CIVIL
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
PNC Bank, National Association, Successor by Merger to National City Mortgage, A Division of National City Bank,
Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the
following information concerning the real property located at 802 Sherwood Road, New Cumberland, PA 17070-1450.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Devlin Jack
2. Name and address of Defendant(s) in the judgment:
Name
Devlin Jack
Address (if address cannot be reasonably ascertained,
please so indicate)
223 Green Lane Dr
Camp Hill, PA 17011-8319
Address (if address cannot be reasonably
ascertained, please so indicate)
223 Green Lane Dr
Camp Hill, PA 17011-8319
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)
Cavalry Portfolio Services, LLC as Assignee of
Cavalry Spy I, LLC, as Assignee of Hsbc Bank
Nevada, N.A.
Cavalry Portfolio Services, LLC as Assignee of
Cavalry Spy I, LLC, as Assignee of Hsbc Bank
Nevada, N.A.
C/O Jorge M. Pereira, Esquire
Citibank N.A
Citibank N.A
C/O Brit J. Suttell, Esquire & Yale Weinstein,
Esquire
500 Summit Lake Drive
Valhalla, NY 10595
101 North Cedar Crest Boulevard
Allentown, PA 18104
701 E. 60th Street N
Sioux Falls, SD 57104-0432
1060 Andrew Drive, Suite 170
West Chester, PA 19380
4. Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
Keybank National Association 8757 Red Oak Boulevard, Suite 250
Charlotte, NC 28217
PH # 943749
Keybank National Association
Keybank National Association
431 East Park Center Boulevard
PO Box 16430
Bosie, Id 83706
127 Public Square
Cleveland, OH 44114
5. Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please indicate)
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)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
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
802 Sherwood Road
New Cumberland, PA 17070-1450
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:
PH # 943749
By:
P,! Ian Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
PNC Bank, National Association, Successor by Merger to : COURT OF COMMON PLEAS
National City Mortgage, A Division of National City Bank •
Devlin Jack
vs.
: CIVIL DIVISION
Plaintiff :
: NO.: 14-3307 CIVIL
: CUMBERLAND County
Defendant(s) :
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Devlin Jack
223.Green Lane Dr
Camp Hill, PA 17011-8319
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 802 Sherwood Road, New Cumberland, PA 17070-1450 is scheduled to be
sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover
Street, Carlisle, PA 17013 to enforce the court judgment of $116,019.08 obtained by PNC Bank, National
Association, Successor by Merger to National City Mortgage, A Division of National City Bank (the
mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in
compliance with Pa.R.C.P. Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
C) G 1
To prevent this Sheriff's Sale, you must take immediate action: rn
zrri
1. The sale will be canceled if you pay to the mortgagee the back payments, late cha£ges, costs an''
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563=10:00 x)236
2. You may be able to stop the sale by filing a petition asking the Court to strike or ppep the judgment,
if the judgment was improperlyentered. You mayalso ask the Court to postpone the sale for ood caus.r-
J g P P �; �.,, ,.
-c rn
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.
] . 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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 14-3307 CIVIL
PNC Bank, National Association, Successor by Merger to National City Mortgage, A
Division of National City Bank
v.
Devlin Jack
owner(s) of property situate in NEW CUMBERLAND BOROUGH, CUMBERLAND County,
Pennsylvania, being
802 Sherwood Road, New Cumberland, PA 17070-1450
Parcel No. 26-23-0543-174
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $116,019.08
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough
of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the southerly line of Sherwood Road at the westerly line of Lot No.2,
Block 'A', on the hereinafter mentioned Plan of Lots, said point being located 78.76 feet West of the
Southwest corner of the southerly intersection of Sherwood Road and Locust Street; thence,
southerly intersection of Sherwood Road and Locust Street; thence southwardly along said line of
Lot No. 2, Block 'A', 80 feet to a point; thence southwestwardly along the westerly line of Lot N. 1,
Block 'A', 65.8 feet to a point on line of lands now or formerly of Elmer Zimmerman known as
'Zimmerman Acres'; thence along the latter lands southwestwardly 25 feet to a point; thence along
the easterly line of Lot No. 4, Block 'A', northwestwardly 122.4 feet to a point on the southerly line
of Sherwood Road; thence along said line of Sherwood Road eastwardly by a curve to the left
having a radius of 509.43 feet, an arc distance of 59.85 feet to a point, the place of BEGINNING.
BEING lot No. 3, Block 'A' on the Plan of Lots of Highland Park Extension, said Plan being
recorded in Plan Book 5, Page 59, Cumberland County records.
HAVING thereon erected a dwelling house
UNDER AND SUBJECT to restrictions and easements of instruments of prior record.
TITLE TO SAID PREMISES VESTED IN Devlin Jack from Annemarie E. King, now by
marriage Annemarie E. King-Potteiger, and Timothy L. Potteiger, wife and husband, in a deed
dated 8/22/2003, recorded 8/27/2003 in Book 258 page 4512.
PREMISES BEING: 802 Sherwood Road, New Cumberland, PA 17070-1450
PARCEL NO. 26-23-0543-174
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF NATIONAL
CITY BANK
Vs. NO 14-3307 Civil Term
CIVIL ACTION — LAW
DEVLIN JACK
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $116,019.08 L.L.: $.50
Interest FROM 9/27/14 TO DATE OF SALE ($19.07 PER DIEM) - $3,032.13
Atty's Comm:
Atty Paid: $249.71
Plaintiff Paid:
Date: 9/26/14
(Seal)
REQUESTING PARTY:
Name: JONATHAN LOBB, ESQUIRE
Address: PHELAN HALLINAN, LLP
1617 JFK BLVD., SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 312174
Due Prothy: $2.25
Other Costs:
David D. Buell, Prothonotary
$3-Yi
Deputy
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
v.
DEVLIN JACK
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3307 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 June 2, 2014.
2. Judgment was entered on September 26, 2014 in the amount of $116,019.08. A
true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and
marked as Exhibit "A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
4. The Property is listed for Sheriffs Sale on March 4, 2015.
943749
1
5. Additional sums have been incurred or expended on Defendant's behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $109,765.09
Interest Through March 4, 2015 $10,918.50
Late Charges $225.36
Legal fees $2,775.00
Cost of Suit and Title $786.71
Property Inspections $144.00
Property Preservation $480.00
Escrow to be Paid $462.00
Escrow $2,259.49
TOTAL $127,816.15
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. Plaintiffs 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 October 29, 2014 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) 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.
943749
2
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: /72 77/f
By:
Phelan Hallinan, LLP
'''tit.,`
Adam H. Davis, Esquire
ATTORNEY FOR PLAINTIFF
3
943749
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
v.
DEVLIN JACK
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3307 CIVIL
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
DEVLIN JACK 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
802 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070-1450. 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.
943749
1
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give 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
943749
2
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
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 t� 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
943749
3
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the 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.
943749
4
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
943749
5
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs 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.
943749
6
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
Since the terms of the mortgage provide that such expenses by the mortgage company become
943749
7
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.
Phelan Hallinan, LLP
DATE: (012- 2- 77i F By: riU
Adam H. Davis, Esquire
Attorney for Plaintiff
943749
8
Exhibit "A"
PHELAN HALL1NAN, 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
PNC BANK, NATIONAL
ASSOCIATION, SUCCESSOR BY
MERGER TO NATIONAL CITY
MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
vs.
DEVLIN JACK
FILED -G-; iL
ur THE Pf?0 THO'd0 n
2014 SEP Attorney for Plaintiff
26 /ii:
CUMBERLr,i;'0 COUNTY
PENNSYLVANI
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 14-3307 CIVIL
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
,$ase RrA►
Kindly enter judgment in favor of the Plaintiff and against DEVLIN JACK,
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 $116,019.08
TOTAL
I hereby certify that (1) the Defendant's last known addresses afi `223 GREEN LANE
DR, CAMP HILL, PA 17011-8319 and 802 SHERWOOD ROAD, NEW CUMBERLAND, PA
17070-1450, and (2) that notice has been given in accordance with Rule Pa. ' .P 237.1.
iar
Date
1174/y
Jo. an Lobb, Esq., Id. No.312174
A torney for Plaintiff
DAMAGES ARE HEREBY ASSESSED A NDICATE
DATE: 9AIgh
PH # 943749
PROTHONOTARY
943749
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
October 21, 2014
DEVLIN JACK
223 GREEN LANE DR
CAMP HILL, PA 17011-8319
RE: PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO
NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK v.
DEVLIN JACK
Premises Address: 802 SHERWOOD ROAD NEW CUMBERLAND, PA 17070
CUMBERLAND County CCP, No. 14-3307 CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days, by 10/27/2014.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
Very truly yours,
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
943749
Name and
Address
Of Sender
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
JOH
Line
Article Number
Name of Addressee, Street, and Post Office Address -
Postage
1
****
DEVLIN JACK
223 GREEN LANE DR
CAMP HILL, PA 17011-8319
$0.47
2
****
DEVLIN JACK
802 SHERWOOD ROAD
NEW CUMBERLAND, PA 17070-1450
S0.47
RE: DEVLIN JACK (CUMBERLAND) PH # 943749/1200 Page 1 of 1
$1.41
Total Number of
Pieces Listed by Sender
Total Number of Pieces
Received at Past Office
Postmaster, Per (Name of
Receiving Employee)
The full 'declaration of value is required on -all domestic and international registered mail, The rat
for the rcconstmcuon of nonnegotiable documents under Earnest hlal document keonstruction ii
piece subject to a limit of 5500.000 per occurrence. The maximum indemnity payable an Express
. The.maximum indemnity payable is S25,000 for registered'mail, sent with optional insurance, Se
8900 5913 and S921 for limitations of coverage.
Form 3877 Facsimile
943749
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
v.
DEVLIN JACK
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3307 CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
DEVLIN JACK
223 GREEN LANE DR
CAMP HILL, PA 17011-8319
DATE: (®/ %llic By:
DEVLIN JACK
802 SHERWOOD ROAD
NEW CUMBERLAND, PA 17070-1450
Phelan Hallinan, LLP
Adam H. Davis, Esquire
ATTORNEY FOR PLAINTIFF
943749
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
v.
DEVLIN JACK
AND NOW, this
Defendant
RULE
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3307 CIVIL
4 day of Dor....LJ 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.
4 1
943749
ti
dam H. Davis, Esq., Id. No.203034
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
DEVLIN JACK -13 LIN JACK
223 GREEN LANE DR 802 SHERWOOD ROAD
CAMP HILL, PA 17011-8319 NEW CUMBERLAND, PA 17070-1450
ifl at L
L
943749
943749
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 140023!4
One Penn Center Plaza
Philadelphia, PA 19103 .
Jonathan.Lobb@phelanhallinan.com
215-563-7000
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
vs.
DEVLIN JACK
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3307 CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's November 4, 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.
DEVLIN JACK
223 GREEN LANE DR
CAMP HILL, PA 17011-8319
DATE: Il /all V By:
DEVLIN JACK
802 SHERWOOD ROAD
NEW CUMBERLAND, PA 17070-1450
Phelan Hallinan, LLP
Jo an Lobb, Esq., Id. No.312174
Attorney for Plaintiff
943749
AFFIDAVIT OF SERVICE
PLAINTIFF
PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY
MERGER TO NATIONAL CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
DEFENDANT
DEVLIN JACK
SERVE DEVLIN JACK AT:
223 GREEN LANE DR
CAMP HILL, PA 17011-8319
CUMBERLAND COUNTY
PH # 943749
SERVICE TEAM/ lxh
COURT NO.: 14-3307 CIVIL
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: March 4, 2015
SERVED ,^
Served and made known to DEVLIN JACK, Defendant on the' /V day of 91/ , 20 )4 , at
).2 $, o'clock M., at X3 i2 *At .01Z1 , in the manner described below:
Defendant personally served. C: Q J e S e Jq c
)('Adult family member with w om Defendant(s) reside(s).
Relationship is L4.91 .
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 3o Height,S' Weight/3o RaceLJ Sex F Other
I, %io.46.6 , 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: II' -19
On the dayof 20_, at
state that Defendant NOT FOUND because:
Vacant Does Not Exist.
_ No Answer on at
Service Refused
Other:
NAME:
PRINTED NAME: OC> LC-C>kS 0 M
TITLE: C.C9,94.54oN
NOT SERVED
o'clock _. M., I,
, a competent adult hereby
_ Moved _ Does Not Reside (Not Vacant)
at
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
Phelan Hallinan, LLP
Michelle J. Stranen, Esq., Id. No.208793 1.-
1617
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
michelle.stranen@phelanhallinan.com
215-563-7000
2 f.:1A i TOZNEY FOR PLAINTIFF
riniTY
4 i7;11'VSY
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
vs.
DEVLIN JACK
Defendant
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3307 CIVIL
MOTION TO MAKE RULE ABSOLUTE
PNC BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO
NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, by and through
its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the
above -captioned action, and in support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on October 30, 2014.
2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about November
4, 2014 directing the Defendant to show cause by November 24, 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 November 12,
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
November 24, 2014.
943749
2
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE:
/2_J/fL(
Phelan Hallinan, LLP
By:
Mi helle J. Str en, Esq., Id. No.208793
Attorney for Plaintiff
3
943749
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
v.
DEVLIN JACK
Defendant
AND NOW, this dtik— day o
RULE
•
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3307 CIVIL
fig014, 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
943749
Exhibit "B"
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
vs.
DEVLIN JACK
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3307 CIVIL
Defendant
,CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's November 4, 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.
DEVLIN JACK
223 GREEN LANE DR
CAMP HILL, PA 17011-8319
DEVLIN JACK
802 SHERWOOD ROAD
NEW CUMBERLAND, PA 17070-1450
Phelan Hallinan, LLP
DATE:..: l i /a). I T ' By:
Jo rii z Lobb, Esq., Id. No.312174
Attorney for Plaintiff
943749
Phelan Hallinan, LLP
Michelle J. Stranen, Esq., Id. No.208793
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
michelle.stranen@phelanhallinan.com
215-563-7000
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
vs.
DEVLIN JACK
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3307 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.
DEVLIN JACK
223 GREEN LANE DR
CAMP HILL, PA 17011-8319
DATE: (2 ( I I By:
DEVLIN JACK
802 SHERWOOD ROAD
NEW CUMBERLAND, PA 17070-1450
Phelan Hallinan, LLP
Mi helle J. Str., en, Esq., Id. No.208793
Attorney for Plaintiff
943749
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO NATIONAL
CITY MORTGAGE, A DIVISION OF
NATIONAL CITY BANK
Plaintiff
vs.
DEVLIN JACK
Defendant
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14-3307 CIVIL
ORDER
AND NOW, this 9` day of Wo.—/-*,' , 2014, upon consideration of Plaintiff's
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess
Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance
Interest Through March 4, 2015
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Property Preservation
Escrow to be Paid
$109,765.09
$10,918.50
$225.36
$2,775.00
$786.71
$144.00
$480.00
$462.00
m
C)
C)
-r
r }
943749
Escrow
TOTAL
Plus interest at six percent per annum.
$2,259.49
$127,816.15
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
943749