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HomeMy WebLinkAbout14-5058 Supreme Court of Pennsylvania Cour Com Pleas For Prothonotary Use Only: et CU' rr County Docket No: The information collected on this form 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. S Commencement of Action: 0 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: DIANNE E. NEWPORT T NATIONAL ASSOCIATION I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes N No Is this an MDJ Appeal? ❑ Yes N No A Name of Plaintiff /Appellant's Attorney: Michael Dinaerdissen, Esq., Id. No.317124, 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 ❑ 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 4 is J t- y nth r j , i a PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Michael.Dingerdissen @phelanhallinan.com 215 -563 -7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS 111 I POLARIS PARKWAY COLUMBUS, OH 43240 CIVIL DIVISION Plaintiff TERM v. NO. DIANNE E. NEWPORT 1222 PIN OAK DRIVE CUMBERLAND COUNTY MECHANICSBURG, PA 17055 -9724 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE C � File #: 949703 Lv 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 # 949703 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: DIANNE E. NEWPORT 1222 PIN OAK DRIVE MECHANICSBURG, PA 17055 -9724 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 07/16/2013 DIANNE E. NEWPORT and HANNAH J. EATON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WINTRUST MORTGAGE, A DIVISION OF BARRINGTON BANK AND TRUST, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 201324372. By Assignment of Mortgage recorded 05/12/2014 the mortgage was assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, which Assignment is recorded in Assignment of Mortgage Instrument No. 201409701.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves JPMORGAN CHASE BANK, NATIONAL ASSOCIATION from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 949703 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 07/10/2014: Principal Balance $213,313.72 Interest from $5,332.88 11/01/2013 through 06/30/2014 Late Charges $277.90 Escrow Advance $67.14 TOTAL $218,991.64 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 #: 949703 9. HANNAH J. EATON was a co- record owner of the mortgaged premises as a joint tenant with the right of survivorship. By virtue of HANNAH J. EATON's death on or about 10/28/2013, her ownership interest was automatically vested in DIANNE E. NEWPORT, the surviving joint tenant(s). 10. Plaintiff hereby releases HANNAH J. EATON, from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $218,991.64, 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: M 6 17 , � O [ Michael Din r issen, Esq., Id. No.317124 Attorney for Plaintiff File k: 949703 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected, situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Northern side of Pin Oak Drive, on the dividing line between Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence by said dividing line North 09 degrees 26 minutes 20 seconds East, 54.45 feet to a point; thence by the same, North 36 degrees 40 minutes 30 seconds East 189.11 feet to a point; thence by the dividing line between Lots 22 and 23 on said plan of Lots, South 53 degrees 19 minutes 30 seconds East, 106.75 feet to a point on the western side of Maple Lane; thence by the western side of Maple Lane on a curve to the left having a radius of 325 feet, an arc distance of 154.49 feet to a point; thence by the same on a curve to the right having a radius of 25 feet, an arc distance of 39.27 feet to a point on the northern side of Pin Oak Drive; thence by the northern side of Pin Oak Drive, North 80 degrees 33 minutes 40 seconds West 120.43 feet to the Place of BEGINNING. BEING Lot No. 23 of Section B on the Plan of Lots known as Monroe Estates as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, Page 86. FOR INFORMATIONAL PURPOSES ONLY: Being improved with a dwelling house known as and numbered 1222 Pin Oak Drive, Mechanicsburg, Pennsylvania. Being County Parcel Number 22 -26- 0227 -010 File #: 949703 UNDER and SUBJECT to restrictions and conditions as now appear of record. PROPERTY ADDRESS: 1222 PIN OAK DRIVE, MECHANICSBURG, PA 17055 -9724 PARCEL #22 -26- 0227 -010. File #: 949703 Pennsylvania Verification V -01 "M • "Mn Sharon Ray , hereby states that he /she is Vice President of JPMorgan Chase Bank, N.A. the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Sharon Ray Vice President Date: 08/13/14 JPMorgan Chase Bank, N.A Borrower: Estate of Hannah J Eaton Property Address: 1222 Pin Oak Dr, Mechanicsburg, PA 17055 County: Cumberland Last Four of Loan Number: 7001 FC Complaint Checklist — PA Complaint Loan #: 1188217001 Q# QUESTION PASS/FAIL 1. WAS THE NAME TO FORECLOSE IN ON THE COMPLAINT VERIFIED PASS ACCURATELY? 2. WAS THE LAST PAGE OF THE PA COMPLAINT VERIFIED ACCURATELY N/A FOR THE VERIFIER'S PRINTED NAME? 3. WAS BORROWER'S NAME/DEFENDANT NAME VERIFIED ACCURATELY PASS ON THE PA COMPLAINT? 4. WAS THE COLLATERAL/PROPERTY ADDRESS VERIFIED ACCURATELY? PASS 5. IS THE LEGAL DESCRIPTION ON THE PA COMPLAINT VERIFIED PASS ACCURATELY? 6. WAS THE LOAN ORIGINATION DATE ON THE NOTE VERIFIED PASS ACCURATELY ON THE PA COMPLAINT? 7. WAS THE ORIGINATION AMOUNT ON NOTE ACCURATELY VERIFIED N/A ON THE PA COMPLAINT? 8. IS THE STAMP WITH RECORDING INFORMATION ON THE COMPLAINT N/A CORRECT? 9. IF THE COMPLAINT STATES DOCUMENTS ARE ATTACHED, ARE THE PASS DOCUMENTS ATTACHED? 10. DOES THE ENDORSEMENT CHAIN STATE THE PLAINTIFF NAME? PASS 11. IS THE DEFAULT DATE ON THE COMPLAINT CORRECT? PASS 12. IS THE LAST PAYMENT RECEIVED DATE ON THE COMPLAINT N/A CORRECT? 13. IS THE UNPAID PRINCIPAL BALANCE ON THE COMPLAINT CORRECT? PASS 14. IS THE STATEMENT CONCERNING WHETHER OR NOT A BREACH PASS LETTER WAS SENT CORRECT ON THE COMPLAINT? 15. DOES THE COMPLAINT ACCURATELY STATE WHETHER OR NOT THE N/A PROPERTY IS A CONDOMINIUM? 16. ARE THE ATTORNEY FEES AND COSTS LISTED CORRECTLY ON THE N/A COVER LETTER? 17. WAS ANY ADDITIONAL LIEN INFORMATION FROM THE TITLE SEARCH PASS UPLOADED INTO LPSD AND NOTATED PROPERLY? 18. IS THE COMPLAINT SIGNED BY AN AUTHORIZED VERIFIER? NA 19. WAS THE INTEREST DUE VERIFIED ACCURATELY IN THE PA NA COMPLAINT FROM MSP? 20. IS THE COMPLAINT PROPERLY NOTARIZED, WITH THE NOTARY STAMP NA PRESENT? 21. IS THE LOG CODE FOR EXECUTION OF THE COMPLAINT PROPERLY NA ENTERED INTO MSP? 22• IS THE LOG CODE FOR QC PASS/FAIL PROPERLY ENTERED INTO MSP? NA 23. WAS THE INTEREST RATE AND PER DIEM VERIFIED ACCURATELY IN NA THE PA COMPLAINT FROM MSP AND ON THE NOTE? 24. WERE THE FACTS AS STATED IN THE PA COMPLAINT VERIFIED IN NA MSP? (VERIFY EACH FACT AS STATED IN HELP CRITERIA) 25. WERE THE LATE CHARGES VERIFIED ACCURATELY IN THE PA NA COMPLAINT FROM MSP? 26. WERE THE TOTAL AMOUNT DUE VERIFIED ACCURATELY IN THE PA NA COMPLAINT FROM MSP? 27. WERE THE TAXES VERIFIED ACCURATELY IN THE PA COMPLAINT NA FROM MSP? 28. WAS THE MORTGAGE INSURANCE VERIFIED ACCURATELY IN THE PA NA COMPLAINT FROM MSP? 29. IS THE TOTAL ESCROW AMOUNT VERIFIED ACCURATELY IN THE PA NA COMPLAINT FROM MSP? 30. DOES EACH TOTAL CORPORATE ADVANCE AMOUNT MATCHES THE PA NA COMPLAINT FROM MSP? 31. WERE THE RECOVERABLE FEES AND COSTS VERIFIED ACCURATELY NA IN THE PA COMPLAINT FROM MSP? 32. ARE THE SUSPENSE FUNDS VERIFIED ACCURATELY IN THE PA NA COMPLAINT FROM MSP? 33. DOES THE LANGUAGE ON THE VERIFICATION STATE ONLY THE FACTS PASS ARE BEING VERIFIED? 34. IS THE FCL STATUS FIELD SIGNIFIED WITH AN "A" IN THE FCL FIELD N/A OF THE FORT SCREEN IN MSP AS OF THE DATE OF THE AFFIDAVIT? 35. DOES THE LANGUAGE OF THE VERIFICATION STATE THAT ONLY Same as #33 FACTS ARE BEING VERIFIED? 36. WAS THE ASSIGNMENT INFORMATION ACCURATELY VERIFIED TO PASS MATCH THE COMPLAINT? 37. WAS THE PER DIEM AMOUNT ON THE COMPLAINT VERIFIED N/A ACCURATELY? 38. WERE THE EXHIBIT REFERENCES ON THE COMPLAINT VERIFIED Same as #9 ACCURATELY? Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ' _�����/�� TH�'- ,�^ ..yO~AON�. �• ~ .~v 2'/4 SEP 22 PM �/3G CUMBERLAND COUNTY PENNSYLVANIA ~.' JP Morgan Chase Bank NationaAssociation vs. Dianne E Newport Case Number 2014-5058 SHERIFF'S RETURN OF SERVICE 0803/2014 10:25 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Dianne E Newport at 1222 Pin Oak Drive, Monroe Township, Mechanicsburg, PA 17055'8724. DE IS FRY, DEP SHERIFF COST: $39.30 SO ANSWERS, September 04, 2014 CountySuite Sheriff, Tel-et:soft, Inc. RONNYRANDERSON, SHERIFF PHELAN HALLINAN, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 THF ki OCT f { { LC. In ", 2 .,. C r . .�� .,r -r -s, i:.vfi ct ; {f_i%ii _A;',J TM _'.if'tEL ,5-.1 1A i 1=i Attorney for Plaintiff JPMorgan Chase Bank, National Cumberland County Association 1111 Polaris Parkway Court Of Common Pleas Columbus, OH 43240 Plaintiff Civil Division vs. No. 14-5058 Civil Dianne E. Newport 1222 Pin Oak Drive Mechanicsburg, PA 17055-9724 Defendant PRAECIPE FOR IN REM JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against, Defendant(s) DIANNE E. NEWPORT pursuant to the attached Consent Judgment, and foreclosure and sale of the mortgaged premises, kindly assess Plaintiffs damages against DIANNE E. NEWPORT as follows: As set forth in Complaint & Consent Judgment TOTAL Date: 101 1G(IH ose Attor $218,991.64 $218,991.64 I. 11 Pt. chalk, squire ey or Plaintiff PHELAN HALLINAN, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 Attorney for Plaintiff JPMorgan Chase Bank, National Cumberland County Association 1111 Polaris Parkway Court Of Common Pleas Columbus, OH 43240 Plaintiff Civil Division vs. No. 14-5058 Civil Dianne E. Newport 1222 Pin Oak Drive Mechanicsburg, PA 17055-9724 Defendant 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) are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant DIANNE E. NEWPORT is over 18 years of age and last known address is 1222 PIN OAK DRIVE, MECHANICSBURG, PA 17055-9724. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date (016/14/ hel Jose Ide llinan, h P. Schalk, Esquire ification No. 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 949703 (Rule of Civil Procedure No. 236) - Revised JPMorgan Chase Bank, National Association 1111 Polaris Parkway Columbus, OH 43240 Plaintiff vs. Dianne E. Newport 1222 Pin Oak Drive Mechanicsburg, PA 17055-9724 Defendant against you on Cumberland County Court Of Common Pleas Civil Division No. 14-5058 Civil Notice is given that a Judgment in the above captioned matter has been entered )ofaa��y. If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** 949703 PHELAN HALLINAN, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 Attorney for Plaintiff Court of Common Pleas JPMorgan Chase Bank, National Association 1111 Polaris Parkway Civil Division Columbus, OH 43240 Cumberland County Plaintiff vs. No. 14-5058 CIVIL Dianne E. Newport 1222 Pin Oak Drive Mechanicsburg, PA 17055-9724 Defendant CONSENT JUDGMENT AND NOW, this day of D , 2014 it is hereby agreed by and between, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (hereinafter "Plaintiff"), by and through its counsel, Joseph. P. Schalk, Esquire, and DIANNE E. NEWPORT (hereinafter "Defendant"), by and through their counsel, JOHN J. MURPHY, III, Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 1222 PIN OAK DRIVE, MECHANICSBURG, PA 17055-9724 (hereinafter the "Property"); WHEREAS, Defendant is the owners and mortgagors of the Property; WHEREAS, the Mortgage on the property is in default because monthly payments on the Mortgage due December 1, 2013 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are due forthwith; PH # 949703 WHEREAS, the parties to this Consent Judgment seek to resolve the issues raised in the Complaint and therefore, Plaintiff and Defendant agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendant in the sum of $218,991.64 plus interest from June 30, 2014 and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. 3. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, then Defendant will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 4. Defendant will peacefully vacate the Mortgaged Property by the date of the Sheriffs Sale. 5. Defendant hereby release and forever discharge Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendant's loan and the within foreclosure action. 6. In exchange for Defendant's agreement to the entry of an in rem judgment, Plaintiff agrees to not pursue Defendant for any deficiency after the Sheriffs Sale of the Mortgaged Property, including an in personam deficiency action under the mortgage or note. 7. The foregoing represents the entire agreement of the parties and no modification, amendment or extension hereof shall be valid, unless in writing and signed by all signatories to this agreement. PH#949703 8. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. 9. This Consent Judgment may be executed in counterpart. 10. A facsimile version of a signature on this document shall be treated for all purposes as the equivalent of the original signatures. 11. Defendant 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. DATE: )41k E: ey for Plaintiff DATE: 0 — � _ e John J. Murphy, III, squu Attorney for Defendant PH#949703 Department of Defense Manpower Data Center Status k v rt Pursuant: to Servicem rnbers C iv 1. Relief Act Last Name: NEWPORT First Name: DIANNE Middle Name: E Active Duty Status As Of: Oct -21-2014 Results as of : Oct -21-2014 12:03:42 PM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower 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 ,The Qefense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Dale. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: DE6B054BPO7AL90 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMorgan Chase Bank, National Association Plaintiff V. Dianne E. Newport Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/23/2014 to Date of Sale ($36.00 per diem) TOTAL COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14-5058 CIVIL : CUMBERLAND COUNTY $218,991.64 $4,788.00 223 779.64 Note: Please attach description of property. PH # 949703 Hallinan, LLP essman, Esq., Id. No.318079 y for Plaintiff 11Rdg e N-Nrp 31073 (46 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected, situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Northern side of Pin Oak Drive, on the dividing line between Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence by said dividing line North 09 degrees 26 minutes 20 seconds East, 54.45 feet to a point; thence by the same, North 36 degrees 40 minutes 30 seconds East 189.11 feet to a point; thence by the dividing line between Lots 22 and 23 on said plan of Lots, South 53 degrees 19 minutes 30 seconds East, 106.75 feet to a point on the western side of Maple Lane; thence by the western side of Maple Lane on a curve to the left having a radius of 325 feet, an arc distance of 154.49 feet to a point; thence by the same on a curve to the right having a radius of 25 feet, an arc distance of 39.27 feet to a point on the northern side of Pin Oak Drive; thence by the northern side of Pin Oak Drive, North 80 degrees 33 minutes 40 seconds West 120.43 feet to the Place of BEGINNING. BEING Lot No. 23 of Section B on the Plan of Lots known as Monroe Estates as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, Page 86. TITLE TO SAID PREMISES VESTED IN Hannah J. Eaton, unmarried woman and Dianne E. Newport, unmarried woman, mother and daughter, by Deed from James R. Leibundgut and Brenda L. Leibundgut, h/w, dated 07/16/2013, recorded 07/24/2013 in Instrument Number 201324371. By virtue of the death of Hannah J. Eaton, Dianne E. Newport became the sole owner of the premises as surviving joint tenant with the right of survivorship. PREMISES BEING: 1222 Pin Oak Drive, Mechanicsburg, PA 17055-9724 PARCEL NO. 22-26-0227-010 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 pa I.cressman @phelanhal1inan.com 215-563-7000 JPMorgan Chase Bank, National Association Plaintiff V. Dianne E. Newport Defendant(s) i=ILfJJ QF ICE OF THE PROTHONOTARY 201 NOV 20 • i`li:l fel tj Clifri i^RLAHD COU T Y PEh'�S LVAHIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14-5058 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 Pano to unsworn falsification to authorities. By: Ph Paul Attorney an Hallinan, •essman, Es or Plain LP d. No.318079 iff JPMorgan Chase Bank, National Association Plaintiff V. ie E. Newport Defendant(s) i= ILED�-O :1U PROTHONOilARy COURT OF COMMON PLEAS Gill NOV 20 10i 145 CIVIL DIVISION • CUMBERLAND ND COUNTY FENNSYLVANIii NO.: 14-5058 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 1222 Pin Oak Drive, Mechanicsburg, PA 17055-9724. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Dianne E. Newport .1222 Pin Oak Drive, Mechanicsburg, PA 17055-9724 2. Name and address of Defendant(s) in the judgment: Name Dianne E. Newport Address (if address cannot be reasonably ascertained, please so indicate) 1222 Pin Oak Drive Mechanicsburg, PA 17055-9724 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) PH # 949703 Tenant/Occupant y``i Commonwealth of Pennsylvania Bureau of J Individual Taxes Inheritance Tax Division t r ' 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 Dianne E. Newport do John J. Murphy, III Esq. 1222 Pin Oak Drive Mechanicsburg, PA 17055-9724 6fh 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 28 West Middle Street Gettysburg, PA 17325 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 statemee made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification t Date: )(11qfri PH # 949703 Phelan Paul Cressm. Esq., d. No.318079 Attorney for Pla PHELAN HALLI , LLP 1617 JFK Boulevar., uite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 E. 0 - OF THE Pi-WI1101' OTAT," JPMorgan Chase Bank, National Association , tupthuv e0 fii110: Dianne E. Newport : COURT OF COMMON PLEAS CUMSER1.n,;,•:D COUNT laintiff : CIVIL DIVISION PENNS YLVAN!A : NO.: 14-5058 CIVIL vs. Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dianne E. Newport 1222 Pin Oak Drive Mechanicsburg, PA 17055-9724 **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 1222 Pin Oak Drive, Mechanicsburg, PA 17055-9724 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 $218,991.64 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. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected, situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Northern side of Pin Oak Drive, on the dividing line between Lots Nos. 23 and 24 on the hereinafter mentioned Plan of Lots; thence by said dividing line North 09 degrees 26 minutes 20 seconds East, 54.45 feet to a point; thence by the same, North 36 degrees 40 minutes 30 seconds East 189.11 feet to a point; thence by the dividing line between Lots 22 and 23 on said plan of Lots, South 53 degrees 19 minutes 30 seconds East, 106.75 feet to a point on the western side of Maple Lane; thence by the western side of Maple Lane on a curve to the left having a radius of 325 feet, an arc distance of :1.54.49 feet to a point; thence by the same on a curve to the rialit having a radius of 25 feet, an arc distance of 39.27 feet to a point on the northern side of Pin Oak Drive; thence by the northern side of Pin Oak Drive, North 80 degrees 33 minutes 40 seconds West 120.43 feet to the Place of BEGINNING. BEING Lot No. 23 of Section B on the Plan of Lots known as Monroe Estates as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, Page 86. TITLE TO SAID PREMISES VESTED IN Hannah J. Eaton, unmarried woman and Dianne E. Newport, unmarried woman, mother and daughter, by Deed from James R. Leibundgut and Brenda L. Leibundgut, h/w, dated 07/16/2013, recorded 07/24/2013 in Instrument Number 201324371. By virtue of the death of Hannah J. Eaton, Dianne E. Newport became the sole owner of the premises as surviving joint tenant with the right of survivorship. PREMISES BEING: 1222 Pin Oak Drive, Mechanicsburg, PA 17055-9724 PARCEL NO. 22-26-0227-010 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 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION Vs. DIANNE E. NEWPORT WRIT OF EXECUTION NO 14-5058 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: $218,991.64 L.L.: $.50 Interest FROM 10/23/2014 TO DATE OF SALE ($36.00 PER DIEM) - $4,788.00 Atty's Comm: Atty Paid: $200.05 Plaintiff Paid: Date: 11/20/2014 (Seal) REQUESTING PARTY: Name: PAUL CRESSMAN, 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. 318079 Due Prothy: $2.25 Other Costs: lad-ze-eLIeL David D. Buell, Prothonotary Deputy