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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
vs<
DENISE ODETTE MELACHRINOS,
Defendant.
TO -D' feYIrl ant
YOUAREHEREBY~TO TO
1IIE ENCLOSED
WflHINTWENTY(lIIl)~ FROMSERVICE
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llEIlEII'ICERm'1ME AIlDRfSS OF1ME
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IIERE8Y CERTFY 1IIAT 1ME ~,.... ....
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CIVIL DIVISION
)
~ NO.: 01 - /:;DJ7 CluL c,-~
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)
) ISSUE NO.:
)
)
) TYPE OF PLEADING:
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) CIVIL ACTION - COMPLAINT
) IN MORTGAGE FORECLOSURE
)
)
) CODE-
)
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) FILED ON BEHALF OF PLAINTIFF:
)
) Chase Manhattan Mortgage Corporation
)
)
) COUNSEL OF RECORD FOR THIS
) PARTY:
)
) Kristine M. Faust, Esquire
) Pa. LD< #77991
)
) GRENEN & BIRSIC, P.C.
)
) Firm #023
) One Gateway Center, Nine West
) Pittsburgh, P A 15222
) (412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
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Plaintiff,
NO.: 01 - ,,"oJ?
vs.
DENISE ODETTE MELACHRINOS,
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
NO.: 01 -~ 7
G~L[ j--~
vs.
DENISE ODETTE MELACHRINOS,
Defendant
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P <C., files
this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiffis Chase Manhattan Mortgage Corporation, which has its principal place
of business at 3415 Vision Drive, Columbus, Ohio 43219<
2. The Defendant is Denise Odette Melachrinos, an individual whose last known address
is 811 Brian Drive, Enola, Pennsylvania 17025 <
3< On or about March 15, 2001, Defendant executed a Note in favor of Plaintiff, in the
original principal amount of $54,653.00. A true and correct copy of said Note is marked Exhibit
"A", attached hereto and made a part hereof.
4< On or about March 15, 2001, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of
$54,653.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the
0-
Recorder of Deeds of Cumberland County on March 19, 2001, in Mortgage Book Volume 1680,
Page 614< A true and correct copy of said Mortgage containing a description of the premises subject
to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5 < Defendant is the record and real owner of the aforesaid mortgaged premises.
6< Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter
alia, failure to pay the monthly installments of principal and interest when due. Defendant is due
for the June 1,2001 payment.
7. Plaintiff was not required to send Defendant written notice pursuant to 35 P<S<
9 1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior
to the commencement of this action for the reason that the aforesaid Mortgage is insured by the
Federal Housing Administration under Title II of the National Housing Act (12U<S<C.
991707-1715z-18) [35 P<S< 91680.401C(a) (3)].
8. Plaintiff was not required to send Defendant written notice of Plaintiff's intention to
foreclose said Mortgage pursuantto 41 P <S< 9403 (Act 6 of1974) prior to the commencement of this
action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. 9101
and Defendant is not a "residential mortgage debtor" as defined in 41 P.S. 9101.
9< The amount due and owing Plaintiff by Defendant is as follows:
Principal
Interest through 10/3/01
Late Charges through 10/3/01
Escrow Due through 10/3/01
Attorneys' fees
Title Search, Foreclosure
and Execution Costs
TOTAL
$54,607<09
$ 1,584.84
$ 71.96
$ 201.91
$ 800<00
$ 1.500.00
$58,765.80
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WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $58,765.80, with interest thereon at the rate of $10.29 per diem from October 3, 2001, and
additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises.
BY:
GRENEN & BIRSIC, P.C.
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Kristine M. Faust, Esquire
Attorneys for Plaintiff
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT ADEBT, AND ANYINFORMA TION OBTAINED WILL
BE USED FOR THAT PURPOSE.
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Exhibit "A"
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ORIGINAL
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NOTE
17902026
11 79020265
4416488950734
alJ. BRIAN DR, PlNOLA, PA J.7025
March J.5, 200J.
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1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's sucoesrors and. assigns, "Lender" means
CHASE Ml\NHATTAN MORTGAGE CORPORATION
and its SUccessolll and assigDs.
2. B01lll.0WER'S PROMISE TO PAY; INTEREST
In return for a loan receivecl ftom Lender, Boaower promises to pay the principal sum of
Fifty-Four Thousand, Six Hundred Fifty-Three and OO/J.OO
DollaIll (U.S. $ 54,653.00 ), plus interest. to the onler of Lender. _ will be cbaIged 00
unpaid principal. ftom the dale of disb1llllelllelll of the loan pro<ee<Is by Lender. at the rate of
Six and Seven-Eighths
percent ( 6 . a 75 %) per year uotil the full amount of principal has been paid.
3. PROllfiSE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage. deed of trust or similar security instrument that is dated the same date as
this Note and called the "Security Instrument. II 'That Security 1nst:ruInent protects the Lender from losses which might result if
BolTOwer defaults under this Note.
4. MANNER OF PAYMENT
(A) 'time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
May 1, 2001 . Any principal and interest remaining on the first day of
April, 203 J. , will be due on that date, which is callecl the maturity date.
(B) ~la<<
Payment shall be made at 200 OLD WILSON BRIDGE RD
COLUMBUS, OR 43085
or at such other place as Lender may designate in writing by notice to Borrower.
(C) ~unt
Eacl1 monthly payment of principal and interest will be in the amount of U.S. $
Three Hundred Fifty-Nine and 03/J.00
359.03
This amount will be part of a larger monthly payment required by the Security JJJstrument, that shall be applied. to principal,
interest and other items in the order described in the Security Instrument.
(0) Allonge 10 thi. Note for Paymenl Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge
shall be incorporated into and shall amend and supplement the covenants oftbis Note as if the allonge were apart of this Note.
5. B01lll.0WER'S RIGHT TO PREPAY
Borrower has. the tight tGp&y the debt evidenced by this Note, in. whole or inpart, without charge orpenalty, on the first
day of any month. Lender sball accept prepayment un other day. provided that bOlTOwer pays int.erest 00 the amoUOl prepaid for
the remainder of the month to the extent required by Lender and pennitted by regulations of the Secretaty. If Borrower makes a
partial prepayment, there will be no cbaDges in the due date or in the amotmt of the monthly payment UD1ess Lender agrees in writiDg
In those changes.
6. B01lll.0WER'S FAlLURB TO PAY
(Aj Late Charge for Overdue Payments
If Lender bas not received the full mootbIypaymentrelj1lired by the Security Jnstrurilent, as descrlbecl in Paragraph 4(c) of this
Note by the end of fiftloen calenclar days after the payment i. due, Lender may collect a late charge in the amount of
4%
of the overdue amount of each payment.
(B) Default
If !lQnower cIefaults by falling In pay in full any monthly payment, then Lender may, excepl as limited by regulations of the
SecrelM)' in the case of payment cIefaullS, requite immediate payment in full of the principal balan<< remaining cloe and all accrued
interest. Lender may choose not to exerci.e this option without waiving its rights in the ovent of any subsequent defau1~ In many
cltcumstal1ces regu1ati0llS issuecl by the Secretary will limil Lender's right to requite immediate payment in full in the case of payment
defaults. This Notedoes not authorize acceleration when notpeonitted. by HOD regulations.. As used in. this Note. "Secretary" means
the Secre(ary of Housing and Urban Development or his or her designee.
FHA MUI..TlSTATE FIXED RATE NOTE
C-73In(1II96)Paglllofl {RqIlaceslf96}
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(C) Payment of Cools and ExtJ......
If Lemler bas required immPf'1-jA~ payment in full, as described above. Lender may require Borrower to pay costs and. expenses
including xeasonable and custDmmy aUcmey's fees for enforeiDg this Note to the extent not prohibited by app!icablelaw. Such
fees and costs sbaII bear _ from the date of dis_ at the same rate as the prlncipal of this Nort.
7. WAIVERS
Borrower and any other person who has obligslioDS under this Note waive the lights of presentment and notice of dishonor.
'Preseutmenl' means therlghtto requlre Lendet to _ p8)llllfDl of _ due. 'Noticeofdishonor" meaJlS therigbttorequile
Lender to give notice to other perso~ that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a differenlmethod. any notice that IIl\I.S\ be given to Bonower under this Note will be given by
clellverlDg It or by mailiDg it by first class mall to BOlrOWer at the property address above or at a different address if Boaower has
given Lender a notice of Borrower's different address.
Any notice that IIl\I.S\ be given to Leoder under this Note will be given by first class mall to Leoder at the address stated in
Paragmph 4(B) or at a different address if Borrower is given a _ce of that different address.
9. OBLIGATIONS OF PERSONS UNDER TBIS NOTE
If more than one person signs this Note. each person is fully and personally obligated to keep aU crf the promises made in this
Note. including the promise to pay th.e full amount owed. .ADy pemon who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes C1Ver these obligations, including the obligatloDS of a gnarantor, smety or endorser
of this Note, is also obligated to keep all of the promises made in this Note. Leoder may enforce ilS lights under this Note against
each person individually or against all signatolies together. Any one person signing this Note may be reqnired to pay all of the
amounts owed under this Note.
BY SIGNING BELOW. BOIrOwer ""'opts and agrees to the terms and covenants contained in this Note.
~CJcLal1<(~
DENISE ODETTE MELACHRINOS
NESS
FHA MULTISTATE FIXED RATE NOTE
C-7301(1lI96)P,1ge2oU (Rep1a1;llS1/96)
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Exhibit "B"
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Record and Return to:
CHASE MlINHATTAN MORTGAGE CORPORATION
1500 N 19TH STREET
MONROE LA 71201 ORIGlj',: 'L
ATTENTION: FINAL CERTIFICATIONS I .tt
State of l'enlIsylvania
MORTGAGE
TllJS MORTGAGB ('Securily ills_") Is gi.,", on
The Mortga&or Is
DENISE ODETTE MELACllRINOS, MARRIED
March 15,
whose address is
81J. BRIAN DR, ENOLA, PA 1.7025
CIlASE Ml\NI!ATTAN MORTGAGE CORPORATION
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RECORJEi: OF DEEDS
CUM8ERUllD COUlliY-PA
'011'18819 fll'I 8 S'i
()q-/Z- 2.'IlfZ -lJlJll1tUJtJ2-2..
FIlA Case No.
4415488950734
17902025
U7 020255
,("BoO'ower"). This Security Insttwnent is given to
which is organized and existing under the laws of the State of New Jersey . and whose
address IS -343 uTlIOIlliALL ST
. EDI SON. NJ 08837 ===cc..("Lender")..BoIrOwer owesLeuder thepxinciplll sum of
Fifty-Four Thousand, Six Hundred Fifty-Three and 00/100
Dollars (U.S. $ 54,653.00 ). This debt is evidenced by Borrower's Note dated the same date as this Security
Instroment ("Note"), which provides for monthly payments, with the full debt, if not paid earlier. due and payable on
Apri-i' -1, - 2031 . 'This Security Instru..tnent secures to Lender: (a) the repayment of the debt evidenced by
the Note. with interest, and all renewals.,ex.tensions and modifications of the Note; (b) the payment of all other sums, with interest,
advanced under paragraph 7 to protect the security-of this'Securlty blstrument; and (c) the perfonnance of Bon:ower's covenants and
agreements under this Security Instrument and the Note. For chis purpose. Borrower does hereby mortgage. grant and convey to
Lender, the fOllo\vlng-desen'bed property-located in
CUMBERLAND
Coun1;y. Pennsylvania:
See Attached Legal Description
which has the address of
811 BIUAN DR, ENOLA, l'A 17025
TOGETHER. WITH all the improvements now or hereafter erected on the property. and all easements, appurtenances, and
tixtures IlC)w or hereafter a part of the prop,erty. All replacements and additions shall alsD be covered by this Security Inst:roment.
All of the foregoing is referred to in this Security lil.strumem as the "Property.'
u_-----:ll0RReWllR-OOVBNAN'I'S tblIl B...._-i&-I~...;sed.oUhM"""'.berehy_y"l'.'tand has <ho.right to l!lOrtgage.
grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and
will defend generally the title to the ProPertY against: all claims and demands, subject to any encumbrances of record.
PENNSYLVANIA-FHA MORTGAGE
C-3701 (1!tJ6) (RepIaeesll9G)PAG610FS
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4 Tms SBcuRrrY INsTRUMBNT combines unifolIIl COvenants for national use andnon-unifonncove:nantswith limited variations
by jurisdilltion to constitute a uniform security iastramem covering Iea1 pIOpetlY.
Borrower and L<ader covl:llallt and _ as follows:
UNIFORM COVBNANTS:
1. Payment of PriI1ci.pal, Interest and Late Charge. Bom>wer shall pay whoa due the priDoipal of, and interest on, the
debt evidenced by the Note aad late <barges due UIlder the Nole.
Z. MonthI;y Paymeul of Taxes, J:asur....., and Other Charges. Bormwer sholl incIudein each monthly payIllOlll, together
with the pliacipal aad lnteteSt as set forth in the Note aad ~ late <barges, a sum for (0) taxes aad apecia1 asses_levied or TO
be levied ogainst the Property, (b) leasehold payments or groundreots on the Property, aad (0) premiums for insuraocereqoired UDder
Paragraph 4. In ~ year in which the Leeder XUIlSl pay a mongage insuraoce premiom to the Secretary of Housing aad Urban
Deve1op111eDt ('Secretary"), or in ~ year in which sooh premiom would bave been reqoired if Lender still held the Secori\y
!nstromeDl, each lIlO1ItbIy paj'lDeol shall also lncJude either: (i) a sum for the ammal mortgage insotance premiom to be paid by
Leeder TO the Secretary, or (il) a monthly charge instead of a mortgage insotance premium ifthls Secori\y !nstromeDl is held. by the
Sectetary, in a reasonable amount to be determined by the Secretary. illr<ept for the monthly charge by the Secretary, these items
ate called "Escrow It..... aad the sums paid to Leader are called 'Escrow Funds'.
l.ender may. at any time. collect and hold amounts for Escrow Items in an aggregate amount not to exceed. the maximum
amoum tbat may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974. 12 U.S.C.
~ 2601 ~~. and implementing regulations, 24 CFR Part 3500. as they may be amended from time to time ("RESPA"l, except that
the cushion or reserve pennitted by RESPA for onaoticipated dlsbutsements or disbursements before the Borrower's payments are
available 'in the account may not be based on amounts dUe for the IDOItgage insurance premium.
]f the amounts held by Lender for Escrow ItemS exceed the amounts permitted to be held by RESPA, Lender shall account
to Borrower for the excess fonds as required by RESPA. If the amounts offunds held by Lender at any time are not sufficient to
pay the Escrow Items when due, Lender may notify the Borrower and requiIe Bo:rrower to make up the shortage as pezmitted by
RESPA.
The Escrow Funds ate pledged as additional security for oll sums secU<ed by thls Security Instroment. If Bormwer tenders
to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all iDstalJment items
(a). (b) and (0) and any mortgoge insurance ptemium instaIJment that Leeder has not become obligated to pay to the Secretary. and
Lender shall promptly refund any excess fimds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition
by Lender. Borrower's accoUDt shall be credited with any balance remaiping for all installments for items (a), (b) and (c).
~. Appllcation of Paymmts. All payments under Paragraphs 1 and 2 shall be applled by Leader as follows:
:Ei!g, to the mort~ insurance premium to be: paid by Lender to the Secretary or to the monthly cl1arge by the Secretary
instead of the monthly mortgage insurance premium;
~, to any taXes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance
prernillIm, as required;
Third. to interest due under !be Note;
Fourth, to amortization of the principal of the Note; and
~ to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in
existence or subsequently erected. againsE any hawds, casualties and contingencies, including fire, fer wbich L.."'tl.der require:;.
insuranc~. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure
all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required
by the S~tary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall
be held by Lender and. shall include loss payable clauses in favor of, and in a form acceptable to, Lender.
111 the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made
promptly by Borrower. Each insurance company concerned is hereby authorized and directed to Ii13.kepa.y-menrfor such loss directly
to Lender, instead of to Borrower and to Lender joiDtly. All or any part of the insurance proceeds may be applied by Lender, at its
option. either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts
applied in the order in Paragraph 3, and then to prepayment of principal., or (b) to the restoration or repair of the damaged property.
Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred
to in Patagraph 2, or charige'tlie amount of such payments. My'excess insurance proceeds over an amount required to pay all
outstanding indebtedness under the Note and this Security Instroment shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes. the
indebtedness) all right, title and interest of BOlTOwer in and to:insurance policies in force shall pass to the purchaser.
s. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
Bormwer shall occupy, establish, aad use Ib.e Property as Bormwer's pdncipal residence within sixty days after !be execu1iOD of
this Security lnstrumem (or within silrty daY' of a later sale or tranSfer of the Property) aad sholl continue to occupy the Property
as BOlTClWer's principal residence for at least one year after the date of occupancy, unless Lender determines that :requirement will
cause undue hardship for BOIIOWer. or unless extenuating clrcmDstances exist which are beyond Borrowers control. Bortower shall
notify Lenders of,any extenuating circumstances. Borrower sb.a11 not commit waste or destroy, damage Or sabstautiaI1y change the
Property or allow the Property to deteriorate, reasonable wear and tear excepted. ,Lender may lnspect the Property iftbe Property.
is vacant or abandoned orthe loanis in default. Leader may take reasonable action to protect and preserve such _or abandoned
Property. Borrower sball also be in default if Bormwer, during the loan appllcation plXlcess, gave materiolly false or inaccut>le
infonnation or statements to Lender (or failed to plXlvide Leader wilb. any material information) in co""action with the loan evldeoced
by the Note, including, but not limited to, representations conceming Bormwer's occupancy of the Property as a principal r..id.....
If this Security Instrument is on a leasehold. Borrower slta1I comply with !be provisions of the lesse< If Bormwer acquJres fee title
to the PIXlpetly, the leasehold and fee title sholl DOt be merged unless Leader agrees to the merger in writing.
6. Condemnation. The proceeds of ~ ...ard or clsim for damages, direct or conseqnentia1, in connection with any
coOO_n or other taking of any part of the Property, or for conveyance in place of co""","",,;o.. are IIereby assigned and slJalI
be paid to Leader to the extelll of the full amount of the indebteduess that remains unpaid under the Note aad thls Secori\y Jnsttument.
Leader sball apply such procee<ls to the reduction of the indebtedness under the Note aad this Security lnstrumen~ tim to any
delinquent amounts applied in the order provided in Paragraph 3. and then to prepayment of principal. Any application of the-
proceeds to !be prln<:ipal sbsll not ""tend or po.stpone!be due date of the monthly payments. which are referred to in Paragraph 2,
or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under
PENNSYLVANIA FHA MORTGAGE
C.370l [71%) (ll.epbeeo 1J96)PAGE'Of 5
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the liote IlIld this Seoatity Ins_ shall be paid to the entity 1ega1ly entitled thereto.
1. Charges to Borrower and Protection of Lead....s RIgbIs In the Property. Bom>wer sha1l pay all govermnental or
municipal cllarges. fines and impositions that are oct iDcIuded ill Paragrsph 2. Borrower sha1l pay these obligalioDs on time directly
'0 the entity which is owed the pa~< If failure to pay would advemeiy affect Lender's interest ill the PropertY, upon Lender's
request Borrower shall promptly fUrnish III Lender receipts evidencing these paymeolS. .
IfB_ !'ill" ~ ~ lb~ ps_ or the payments required by Paragraph :z. or fails to perfoIm any other COveoaDlS
and agreements COlIlained m this Sec1lIity IDsttumem. or there is a legal proceeding that may sigJd"'",,'ly affect Leo<ler's rights in
the ~ (such as a proceediDg ill bankroptcy, for ~n'_'';on or to eoforce laws or reguIatioos), then Lender may do snd pay
whatever ts necessary to protect the val.. of llle PropertY IlIld Lender's rights in the Property, including payment of taxes, hazard
insurance snd other _ mentioned in Puagraph 2.
Aay lIIDOllIllS disbursed by Lender under Ibis Puagraph sha1l become an additiooal debt ofBom>wer and be secored by this
Security IJmumeot. These lIIDOllIllS sha1l bear interest from the _ of disbursement, at the Note me, snd at the option of the
Leoder, sh/IlI be immediately doe IlIld payable.
Borrower sha1l promptly discharge any Hen which has priority over this Security 1Dstruroerll1lll1ess Borrower: (0) agrees in
writing to the payment of the obligation secured by the lien ill a manner acceptable to Lender; (b) _ in good filIth the Uen by,
or defends againsl enforcemenl of the Hen in. legal proceedings which in the Lender's opinion operate to prevent the enforcemem
of the Uen; or (c) secuteS from lbe holder of the Hen an 'll""""~' sati.sfactory to Lender subordinating the Hen to this Security
InstnllDellL If Lender determines that any part of the PropertY is suqject to a lien which may attain priorll;y over this Seoatity
InstIllment, Lender may give Borrower a nolicc identifyingthe Uen. BOJrOWer sha1l satisfy the Hen or Illke ODe or more of the sctioos
set forth above wi1bin 10 days of the giving of notice.
8. F.... Lender may coUec, fees IlIld charges authorized by lbe Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may. exeepl as limited by regulatioDS issued by lbe Secretary ill !be case of payment deliw1ts.
require immedisle PS)'11lOllt in full of all sums secored by this Seoatity Instroment if:
(i) Borrower deliw1ts by failing to pay ill full any monthly payment required by this Security Inslroment
prior to or on the due date of the neoct monthly payment, or
(ii) Borrower deliw1ts by failing, for a period of thlxt;y days. to perfoIm any other obUgatiODS CODtained
in this Security Instrument.
(b) Sale Without Credit AP\D'Oval. Leo<ler sha1l. ifpermitted by appUcable law (iDcIuding section 341(d) of the
Garn-5t Germain Depository 1:nstitlltio.DS Act of 1982, 12 D.S-C. 1701j-3(d)) and with the prior approval of the
SecretaIy, require immediate payment in full of aU sums secured by this Security Instrument if:
(i) All or part of the Property, or a beneficial interest ina trost-owning-aUor'part-ofthe'Property, is sold
or otherwise transferred (other than by devise or descent), and
(il) The property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property. but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(c) No Waiver. If circum:staIlces OCC1lr,tbat would permit Lender 10 require immediate payment in full, but Lender
does not require sUChllaymeIJ.ts; "tender does not waive its rights' with,respect to subsequent events.
(d) Regulations of HUD Sectetary. In many circumstances regulations issued by the Secretary will limit Lender's
rights in the case of payment defaults to require immediate payment in full and foreclose if notpald. This Security
Instrument does not autho~ acceler-.,.uon or foreclosure if Dot permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Bonower agrees that if this Security Instrument and the Note are not detemdned to
be eligible for insurance undtr the National Housing Act. within 60 days from the date hereof. Lender may. at its
option require immediate payment in full of all sums secured by this Security Instrument. A written statement of
any authorized agent of the Secretary dated subsequent to 60 days from the date hereof. declining to insure this
Security Instrument and the Note, shall be deemed conclusive proof of such ineligt"bility. Notwithstanding the
foregoing, this option may nOt be exercised by Lender when the unavailability of insurance is solely due to Lender's
failure to remit a mortgage insurance precoinm to the Secretary.
10. Reinstatement. Borrower has 11 right to be reinstated if Lender has required immediate payment: in full because of
Borrower's failure to pay an amount due UDC1er the Note or this Security Instrument. This right applies even after foreclosure
proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum..all amountS required to bring
Borrower's account cuxrent including, to the eJttent they are obligations of Borrower under this Security Instrument. foreclosnre costs
and reasonable and customary attorney's fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement
by Borrower. this Security Instrument and the ()bligations that it secures shall remain in effect as if Lender had not required immediate
payment in full. However. Leo<ler is uol required t<l permit reinstaleJJrelll if: (i) Lender has aooepted reinstatement after the
commencement of foreclosure proceedings Within two years immediately preceding the commencement. of a current foreclosure
proceeding, (il) reinstatement will preclude fo,eclosore OIl different grounds in the future, or (ill) reinstatemenl will adversely affect
lbe priority of the Uen created by this Secorlty Instroment.
11. Borrower not Released; For_ance by Lender Dot a Waiver. Extension of the time of paymenl or modiJicatiou
of amortization oflbe sums secured by this Security Jnsttumeut granted by Lender to any suc:oessor in interest of Borrower shall DOl
operate to release the liability of the original Bcmower or Borrower's successor in interest. Lender shall not be required to commence
proceedings against any successor in 1nter~ or ~e to extend time for payment or otherwise modify amortization of the sums
secured by this Sec1lIity Inslr1lmellt by reason of any demand made by the original Btmower or BOI1'OWer's su_ in interest.
A1J.y forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy .
IZ. SuccessolS and Assigns Bound; Joint and Several Llablllly: Co-Signers. Tbe coveoanlS and agreements of this
Security InstrDmeD< shall bind IlIld benefil lbe &uccessors and assigns of Leo<ler snd Borrower. subject to !be provisiODS of Paragraph
9(b)< Borrower's coven:mlS snd agreements shall be jobrt snd several. Any Borrower who co-signs this Security Jnsttumeut but does
ttol execute the Note: (a) is co-signing lbis Security Inslroment only to mortgsge. grant IlIld convey that Borrower'. interest in the
Property uncIer lbe terms of this Security 1os1mroent; (b) is DOl personally nbligated to pay the sums secured by this Secorlty
Instrument; ODd (c) agrees that Lender and any other Borrower may __ to extend. modify. forbesr or make any accommodadODS
with regud to the ,terms of this Sec11rity Instrument or the Note without that Borrower's consent.
-.-~-~NotiCes.-AiiYfui:~ to 1f9I1'OW~provided' {or:hi~, Seeutity I:J:iSttUment ,shall1re-giverrby -delivering it or by mailing
it by first class man uuIess spp1icableJaw requires use of another melbod,Tbe notice shaIl be directed to the Property Address or
any other address Borrower designates by DC)tice to Lender. /my notice to Lender shall be given by first class mail to Lender's
address stated herein or any address Lender 4esignates by notice to BOIIOwer. luxy notice provided for in this Security Instrument
PENNSYLVANIA FHA MORTGAGE
C.J1OL (7196) (Replaces 1/96) PAGE 3 OF 5
iialilteSy'itiE ~
J
.
.
,ball be deemed to have been given to Bonower or LenII.r when given as provided in this Patagraph.
14. GovemiDg Law; Sev....blIity. This Security !nstrtuIlont she1l b. govemed by Federal law aad the law of the
jurlsdictioa in _ the Property is located. In the event that ""3 ~OIlor clause of this Securlr.y!nstrtullont orthe NoteconfIiols
with applicable law. such coolIict she1l not affect other proYisiODS of this Securlr.y Jnstrument or the Note _ can be given effect
without the COIl!lictiIlg provision. To this aad the ~ODS of this Security !nstrtuIlont and the Note are declared to be ,everable.
15. Borrower's Copy. Bonower she1l b. given """ CODfOImeCl copy of the Note and of this Security!nstrtullont.
16. _ Suhstmu:es. Borrower she1l DOl oaUse or permit the presence, use, disposal. stonge, or rei.... of aoy
Hazardous Sobsllml:es OIl or in the PropBtty. Boaower she1l not do, nor allow ""3""" else to do, aoytbing affecling the Property
that I, in violatiOllof""3 _law. The precedlng two ,enteDoes she1l not apply to the presence, .... or storag. OIl the
Property of small quanlides of _ SobsllmCe8 that are generally recognized to b. appropriate to noaoal residentialllSes aod
to mainteDaoca of the Property.
Bonower she1l promptly give Ltnder written notice of aoy investIgalion, c:Iaim, domaad, lawsuit or other lldion by ""3
govB<lll1lBllla1 or regulatory agency or private perty involving the Property and ""3_ SUbslaoce or _ Law of
which Borrower has 8OlI1llI _ledge. If Borrower learns. or is notified by ""3 govemm<mral or regulatory aothority. that ""3
removal or other remediation of ""3 Hazardous Subsllml:es affecting the Property is necessary, Borrower she1l prompUy take all
necesnry remedialllCliODS in _ with _ Law.
A1J used in this paragraph 16, 'Hazardous Sobstaocas" ere those substaoees _ as toxic or hazardous subS180CCS by
Environmental Law and the tbllowing subsllml:es: gasoline. kerosene, other fIammah1c or toxic petroleum products. toxic pesticides
and herbicides. volatile solv...., materia1s cootaiDiog asbestos or formaldchyd., and _ materials. A1J used the _ph
16, "Envlronmenta1 Law" means fedeta1laws and laws of the jurisdiction where the Property is located that relate to health. safety
or environmental protection.
NON-UNIFORM COVENANTS. BoIIOwer and Lender further cove.wm.t and agree as follows:
17. Assignment of Rents. Boaower unconditionally assigns and traDsfers to Lender all the rent, and reven.es of the
Property. Borrower authomea Lender Qr Lender's agents to collect the tents and revenues and hereby directs each tenant oCtile
PropertY to pay the rents to Lender or LeIlder's agents:. However. prior to Lender's notice to Borrower of BOI:rower's breach of'any
covenant or agreement in the Security Instrument, Borrower shall collect and receive aU rents and revenues of the Propertr as trustee
for the benefit of Lender and Borrower. This assignment: of rents constitutes an absolute assignment and not an assignment for
additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Bonower as trustee for
benefit of1~enderonly.to' be 'applied:to the,sums-secured by the Security Instrument; (b) Lender shall be entitled to collect and receive
all of the rents of the' Property; and'(c) each,tenant of the Property shall pay all rents due and unpaid to Lender or Lender"s agent
on Lender's written demand to the tenant.
Borrower has not executed any t>rior assignment of the rents and has not and will not perform any act that would prevent
Lender from exercising its rights under this Paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach
to Borrower. However, Lender or ajudicially appointed receiver may do so at any time there is a breachp Any application of rents
shall not cure or waive any defanlt or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall
terminate -when the debt'seCurea'by"the SecuritY lDstrumenris paid in'full.
18. ForeclosUrePriJcedur~ If Lender requires immediate"payment in full under paragraph 9, Lender may foreclose
this Security Instrument by judicial proceeding_ Lender shall be entitled to collect all expenses incurred in pursuing the
remedies provided iu: this paragraph 18. including, but not limited to, attorneys' fees and costs of title evidence to the extent
permitt.d by applicable Jaw;--- --
If the Lender's interest in thb Security Instrument is held by the Secretary and the Secretary requirEs immediate
payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family
Mortgage Foreclosure Act of1994 ("Act") en U,SpC, 3751 ~.) by requesting a foreclosure commissioner designated under
the Act to -commence -foreclosure and to sell the Property as providw. m_ the Act. Nothing in the preceding sentence shall
deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law.
19< Rel..... Upon payment of all snms secored by lIUs Securlr.y 1nstrnment, this Security 1nstrnment and the ..we
conveyed shall terminate and become voitl.. After such occurrence, Lender shall discharge and satisfy this Security Instrument without
-Charge to Borrower. Borrower shall pay any recordation costs.
20. Waivers_ ,Borrower. to the extent pennitted by applicable law, waives and releases any error or defects in proceedings
to enforce this Security lnstrument, and hereby waives the benefit of any present or future Jaws providing for stay of execution,.
extension of time, exemption from attaclunent, levy and sale, and homestead exemption.
21_ Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the
commencement of biddiDg at a sherifrs sale or other sale pursuant to this Security Instrument-
22. Pnrchas. Money Mortgag.. If aoy of the debt secored by this Secnrity!nstrtullont is lent to Boaower to acqllire title
to the Property, this Security Jostrnmeot shall b. a purchase nroney mortgage.
23. Interest Rat. After JndgJl1enl. Borrower agrees tbst the interest rate p8!1Bbl. sfter a judgment is entered on the Not.
or in an action of mortgage foreclosure :mall be the rate payable from time to time under the Note.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Jos_ the covenaots and llgreemeotS of each such rider shall b. incolporated into and shall amend and supplement the
covenants and _em.... of this Secnrlty Instrmnent as ifth. ri~,) were a part of this Secnrlty Jostrnment,
The '"following riders are attached:
Condominium Rider
PENNSYLVANIA FHA MORTGAGE
C.3701 (7196) (ReplaceS 1196) PAGB 4 OF 5
~od6S@M'A'
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.
.
BY SIGNING BELOW, ~ _IS and agrees tD the terms COl1lained in 1hIs Securlty IDBtrummIt and in any tider(s)
executed by Borrower and recoIded witb. it.
The Borrower certiJies that . true ctJf!y Of the mortgage has been received.
. vUd.'
~O~LACllR~
COMMONWEALTII OF PENNSYLVANIA
ss:
COUNTY OF CUMBERIJ\NIJ
Ontbis 15th dayof 'March, 2'OOJ.
subscriber. a NotaIy Public in and for the Commonwealth of Pennsylvania. residing in
~r~~bOo~~S~ca'i!~TItOB-;-1'W1RIED
. before me; the
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and acknowledged the mtllln'iDdentiiie of Mortgage -toe-e--
WITNESS my'hand and seal, the day and- Yeaf-af0
. NOTARIAL SEAL
atfIlSllNA L HERSHEY. Not.\.'Y Publlc
~li1Il cumbarlan<lCWnty
~Elc' A "6,2001
PENNSYLVANIA FHA MORTGAGE
Cv3701 (7/96) (Replaces 1/96) PAGE 5 OF 5
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ALL THAT CERTAIN unit in the property known, named and
identified in the Declaration Plan, referred to below as Westwood
Village Condominium located in East Pennsboro Township,
Cumberland County, Commonwealth of pennsylvania, which has
heretofore been submitted to the provisions of the unit Property
Act of Pennsylvania, Act of July 3, ~963, P. L. ~96, by the
recording in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, of a Declaration Creating and Establishing
Westwood Village Condominium, dated January 29, ~975, and
recorded on January 29, ~975, in Misc. Book 2~3, Page 283, and
amended by certain First Amendment to Declaration Creating and
Establishing Westwood Village Condominium dated May 28, 1976, and
recorded on June 22, ~976, in Msic. Book 223, Page 729, and a
certain Second Amendment to Declaration Creating and Establishing
Westwood Village Condominium dated July 2~, ~976, and recorded on
July 26, 1976, in Misc. Book 223, Page 343, and a certain Third
Amendment to Declaration Creating and Establishing Westwood
Village Condominium dated June 9, 1978, and recorded on June 23,
1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment
to Declaration Creating and Establishing Westwood Village
Condominium dated June 13, 1978, in Misc. Book 236, Page 250, and
a Code of Regulations of Westwood Village Condominium dated
January 29, 1975, and recorded on January 29, 1975, in Misc. Book
213, page 328, and amended by a certain First Amendment to Code
of Regulations of Westwood Village Condominium dated May 28,
1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737,
and Declaration Plan of Westwood Village Condominium dated
January 29, 1975, and recorded in January 29, 1975, Plan Book 26,
Page 15, and amended by a certain First American to Declaration
Plan of Westwood Village Condominium dated July 21, 1976, and
recorded on July 26, 1976, in Plan Book 28, Page 72, and amended
by a certain Second Amendment to Declaration Plan of Westwood
Village Condominium dated June 16, 1978, and recorded on June 23,
1978, in plan Book 33, Page 28, being designated on said
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VERlFICATION
In'~ L ilgIT~E~ereby states that he is ASSISTANT SECRETARY of
CHASE MANHA IT AN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in
this matter, that he is authorized to take this Verification, and that the statements made in the foregoing
Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, 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.
Cb~ R, 0--0, ~~
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ASS/STAIlT SECl!ETARi'
DATE:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06037 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN MORTGAGE CORP
VS
MELACHRINOS DENISE ODETTE
GERALD WORTHINGTON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MELACHRINOS DENISE ODETTE
the
DEFENDANT
, at 1711:00 HOURS, on the 30th day of October ,2001
at 811 BRIAN DRIVE
APT 302
ENOLA, PA 17025
by handing to
DENISE ODETTE MELACHRINOS
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
9.75
.00
10.00
.00
37.75
r~>Y/~~
R. Thomas Kline
10/31/2001
GRENEN & BIRSIC
Sworn and Subscribed to before
me this 1 ~
day of
By: --4.,......u.- l).)~
Deputy S iff
nf~^1. J JA,6J A.D.
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P othonotary ~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
Plaintiff,
) NO.: 2001-06037 Civil Term
)
) ISSUE NO.:
)
) TYPE OF PLEADING:
)
) Praecipe to Settle and Discontinue
) without Prejudice
)
) FILED ON BEHALF OF PLAINTIFF:
)
) Chase Manhattan Mortgage
) Corporation
)
) COUNSEL OF RECORD FOR THIS
) PARTY:
)
) Kristine M< Faust, Esquire
) Pa. I.D< No.: 77991
)
) GRENEN & BIRSIC, P.c.
)
) One Gateway Center
) Nine West
) Pittsburgh, PA 15222
) (412) 281-7650
vs.
DENISE ODETTE MElACHRINOS,
Defendant.
"'.,
, ' ~.:' ,C' '. . ""_ "
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION,
NO.: 2001-06037 Civil Term
Plaintiff,
vs.
DENISE ODETTE MELACHRINOS,
Defendant.
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREIUDICE
TO: PROTHONOTARY
SIR:
Kindly settle and discontinue without prejudice the above-captioned matter and mark the
docket accordingly.
BY:
GRENEN & BIRSIC, P.c.
~U~~
Kristine M. Faust, Esquire
Attorney for Plaintiff
Sworn to and subscribed before me
this~day of N'(}r;uv1 bfA , 2001.
/J)ku'k ~..~
[ 0\< No ary Publi .
'~"",,-- ~-~- Notarial Seal ;Ji
Rebecca G. Blazina, Notary Public
pinsburgh, Allegheny cou~ty2003
My Commission EXE1res June, .
Member, Pennsylvania ,'\s3oclat\Qn of Nota;.CS
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