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Home My WebLink About03-3048 GOLDBECK Mc~AFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEYI.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF IN TIlE COURT OF COMMON PLEAS JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs, PHYLISS ANN LANTZ JESSE HARPER LANTZ III Mortgagor(s) and Real Owner(s) Term No. 03 - .30LfI C'-c.;(L '7-~ ,..\iti, ACTION: MORTGAGE FORECLOSURE 515 Poplar Church Road Camp Hill, PA 17011 Defendant(s) TIDS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. !fyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of fOf 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 POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGALSERVlCESINC 8 Irvine Row Carlisle,PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRIT A, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COurE PUEDE, SIN NOTIFICARIO, DECIDlR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVlSIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSmLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE EST A DEMANDA A UN ABOGADO IMMEDlA TEAMENrE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, 323 5th Street, PO Box 35 Eureka, CA 95502. 2. The name(s) and address(es) ofthe Defendant(s) is/are PHYLISS ANN LANTZ, 515 Poplar Church Road, Camp Hill, PA 17011 and JESSE HARPER LANTZ III, 515 Poplar Church Road, Camp Hill, PA 17011, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On January 13, 1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NA, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1513 Page 864. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 by Assignment of Mortgage, which assignment is recorded February 3,2003 in Book 694 and Page 333. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due August 15,2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 07/15/2002 through 07/01/2003 at 8.2400% Per Diem interest rate at $21.28 Attorney's Fee at 5.0% of Principal Balance Late Charges from 08/15/2002 to 06/30/2003 Costs of suit and Title Search $94,247.42 $7,447.76 Credit Hazard insurance Forbearance interest $4,712.37 $3,029.92 $900.00 $110,337.47 -$869.57 +$1,051.71 +$7,180.35 $117,699.96 7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the VERIFICATION I, M icf0le- H,! ~ as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: (.p-I {o-O.3 ~ LffJ ~ ift~ #139994 - PHYLISS ANN LANTZ and JESSE HARPER LANTZ III M.oU :::!l U4I U4II:::!U,. H.~ 21 03 07:3S. Tr.c~ ~.Wa~~. p..:::! 71?-S'GS-Sl?8 p.2 ..,.,...:l:.D* "'.,-......,5'10-0\2. J :,&5tI e.- THISDEBO._"'JOtbor J_,I996,...wecaJ_HMpa-L.....In,ortho _up olW""""""" c....,..rea,.............. C....__eoId1 or~....... daJauIed It thcOrular. . AND JESSB BAIlPER LANTZ, D I, aad l'HYLUS ANN LANTZ, hIo "'At, otlho BoIwp olW~Coudt)' oICwl1bedlnd _ Conanoa..li.\Jdtor......._"I....... ht:reia de&JanMed u d. OratuCle~ WlTNESSB1lI.Ib11 die 0rIIlI0r.... IeIIMIII by t_ C:IIIireIia. b.rla --" .41. or 11!N (S1'.llO) DOLLAJIS_.....,of .,..Uoital_ or............,'" 0n0II0<1lI_ ..oil.... Inoly poW by'" G<utco,.. 0<........."'........, ddiwr7 or,. _.ho receipt wlatot'iI hcrcfI.y -tl. Jlt-na.E4 _I tlM:Onnlw hfoc IhercMdL ~....ed. do b)' IHsepreltJltl.aran&. batpin, ..... CODYI.." unlo lbeOnatce Forwcr. ALL.........Iol...... or_, or......... .................1yIlIJ IAlI boloc ill.... Oanlop olWonolcy........... Couo1J ..r~..d C<-_'....!Il oI'PeoooyIv.... mDfe particuhrIy dcIc:riM4 u IbUows: DEOIl4N1N<l... pol.. Oft.... nonlIerir hol''''''' CI1tadl Road, u1d"......... loco'''' __...., (>10) 1teI_--.Iy _ uMIl.. _lho_""- .r.... Cool\DoM................" ....~lIaoor_ _or IbnnaIy or.... R. ~ ___GuIshIII_ _k~(35)-.-''''..,(3IJ)........_, "'_~"""".oa _'bo(I-I2..*>........poim;__krofty-llorco (53) dear... tJiJ1y (30) "'"'- - """"... _Iy i..orLots Noa \o...r 9..1ho _...._~-- (llIII)fi:o:t"'.poIco; ................,..;.(36)...... tIo/dJ(3O)....... -_.... -r"'orLot No. 7.. Slid PIa, propeny DO.. orlal.or t"' r .1.....~......~Md~v . Lilt! .. (142.Ol}WtoapotatOlltbe --..or"'oI'I'ooIorCllnclo1lllod: -lor'" -"'-~("''''''''IIli.., (30) --... _OOO)1Oec 10.......-01'0--., I BElNQ 1.01 No. 5.... tIoo -*"'....,. (30) "oI'Loo No. 5..tho .....orScdioo .". 1t_.uId Planbei,,_.,bo c._COllIIlyR_omoolo....._ ,., .... 12. .) OI!lNG.....or............_...._~ud_.~by ............. ......,7. 1961. _lo Deed Book E2D,..... I'l, C\ooobwIood eouoty_ ......... ......110 ,. ...... LIIlIz, Jr. _ 4cpomd dolo IIA.. '-"7 15. 1911 aN Gloria G. LonIz,rw,.;a"GnooIor-' " ilIl<< 1.48 fACE 766 . EXHIBIT tcT 91 NOTICE DATE OF NOTICE: March 24, 2003 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. ~:JOn.... Prepared by: GOLDBECK McCAFFERTY & McKEEVER ___ir.!'dr"r"~III"I'I:/. Suite 500 - The Bourse Bldg. 7J.&.O 3'1ll. "la41f III S. Independence Mall East -.:..~, 1=1. :t. 1St'f, :an Philadelphia, PA 19106 ~ I. .J: .10110/1 :11"" Fax (215) 627-7734 _ .i:/.",[:/.iIr.!'.I["t"~llllil'I:/. 7l.WJ 3'1]], 'fl!llflf 35],'1 D'N ~=I~le1=1:I-":I::(I{.1:I.'" 1 Date: March 24,2003 Homeowners Name: PHYLISS ANN LANTZ and JESSE HARPER LANTZ III Property Address: 515 Poplar Church Road, Camp Hill, P A 17011 Loan Account No.: 139994 Original Lender: MELLON BANK, NA Current Lender/Servicer: SN SERVICING CORP. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one ofthe consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set 2 forth at the' end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: 'IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRYPTCY. THE FOLLOWING PART OF THIS NOTICE IS FOR IN. FOllMA.. - rt.PN. 1>>:uR1'..'..' O.>S~SON.L...Y. ANDSHOuLDNOT,BECONSIDERED,ASAN ATTEMPTTO.COLLECrmEDEBT. ... ' , (if you have tdedbankruptcyyoii.,can stlUapplyfor Emergency Mortgage AssiStance.) , HOW TO CURE YOUR MORTGAGE DEFAULT (Briu2 it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 515 Poplar Church Road, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 (a) Monthly payment from 08/15/2002 thru 3/24/2003 Payments due $7,631.36 (b) Late charges due $2,839.14 (c) Forbearance Interest $7,180.35 (d) Foreclosure Expenses $75.00 (e) Prior Legal Expenses $75.00 (f) Prior Attorney Fees $1,280.00 (g) Forced Placed Insurance $986.83 (h) TOTAL AMOUNT REQUIRED AS OF THIS DATE $20,067.68 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 20,067.68 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: SN SERVICING CORP. 323 5th Street PO Box 35 Eureka, CA 95502 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri2hts to accelerate the mort2a2e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort2a2ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, 4 reasonable' attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date ofthis Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SN SERVICING CORP. Address: 323 5th Street PO Box 35 Eureka, CA 95502 Phone Number: 800-603-0836 x 1218 Fax Number: 916-231-2508 Contact Person: Barbara Collins EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 5 * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Barbara Collins Phone Number: 800-603-0836 x1218 6 PENNSYLVANIA HOUSING FINANCE AGENCY 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYL VANIA INe. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, P A 1710 I (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street WaynesbolO, PA 17268 (717)762-3285 YWCA OF CARLISLE 30 I G Street Carlisle, PA 17013 (717) 243-3818 FAX (717)731-9589 ADAMS COUNTY HOUSING AUTHORITY 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717)334-8326 'lJ P -IQ, f r:::. CI) \l 1I1 ......... Crt G ""- ~ w () 0 ('~. c: (....:I 0 .() ;: " " p:! ;:p~i: '..~ ~ cS '7" .....:::: 7 c' r,., r;; l~ cr. ~ ~.._. ~ Co) ~~:~_. -7T " (-",7} ~ .,C) ----J:- ,.-,rll ...;::- _":"1 - l."" -<. <.11 .~O -< SHERIFF'S RETURN - REGULAR CASE NO: 2003-03048 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK ET AL VS LANTZ PHYLISS ANN ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LANTZ PHYLISS ANN the DEFENDANT , at 1912:00 HOURS, on the 1st day of July , 2003 at 515 POPLAR CHURCH ROAD CAMP HILL, PA 17011 by handing to PHYLISS ANN LANTZ 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 10.35 .00 10.00 .00 38.35 ~~-#'-~~ R. Thomas Kline ' 07/03/2003 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By: k~ k~ ____- riCifGty Sheri~ me this .112 CM eJOVJ .~ a ~h.~~ Prothonotary , day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2003-03048 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK ET AL VS LANTZ PHYLISS ANN ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LANTZ JESSE HARPER III was served upon DEFENDANT , at 1912:00 HOURS, on the 1st day of July at 515 POPLAR CHURCH ROAD CAMP HILL, PA 17011 PHYLISS ANN LANTZ, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this ii!" day of ~_. .2dtJ...J A.D. ( I". v- t2 ~.A C_~ I7rothonotary;'f7 So Answers: r:/'7p/ ./~ - ~,:.~"-" . ~-,~. "",~<,~~;;":":~.:::';.;..:::.s'" .",.~4.' _,.#"" .... A -. ...</ .~-"~'''''~z:..r R. Thomas Kline 07/03/2003 GOLDBECK MCCAFFERTY MCKEEVER By: U~ Deputy Sher~ JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3048 CIVIL TERM vs. CIVIL ACTION - LAW PHYLLIS ANN LANTZ and JESSE HARPER LANTZ III, Defendants MORTGAGE FORECLOSURE DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT I. Admitted, 2. Admitted, 3, Admitted. 4. Admitted. 5, Denied. Defendant does not agree that the default occurred on August 15,2002. Strict proof thereof is demanded at trial. 6, Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the troth of said averment. Further, Defendant does not agree with the calculated amounts due on the mortgage, 7, Denied. Defendant disputes the attorney fees set forth in the Complaint. 8. Admitted, 1 WHEREFORE, Defendant respectfully requests dismissal of the Complaint together with such other relief as this Court deems just and reasonable, Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: J.. 11 ~S; ~,.-oj By: \~(1. t;;.,.J.L Craig . Diehl, Esquire Attorney ID No. 52801 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendant 2 JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 03-3048 CIVIL TERM vs. CIVIL ACTION - LAW PHYLLIS ANN LANTZ and JESSE HARPER LANTZ III, : MORTGAGE FORECLOSURE Defendants VERIFICATION WE, PHYLLIS ANN LANTZ and JESSE HARPER LANTZ III, VERIFY that the statements set forth in the foregoing DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa, 94904 relating to unsworn falsification to authorities. Dated:';S 'J'Jy 01003 ~~~ Phy is Ann Lantz Dated: ()~ ~l-r Pt903 JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 03-3048 CIVIL TERM vs. : CIVIL ACTION - LAW PHYLLIS ANN LANTZ and JESSE HARPER LANTZ III, : MORTGAGE FORECLOSURE Defendants CERTIFICATE OF SERVICE AND NOW, this /;l"l-H--- day ofJuly, 2003, the undersigned hereby certifies that a true and correct copy ofthe foregoing DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Joseph A. Goldbeck, Jr. GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Building 111 South Independence Mall East Philadelphia, PA 19106 LAW OFFICES OF CRAIG A. DIEHL By' j e1en smussen, Legal Assistant 3464 Trind1e Road Camp Hill, PA 17011-4436 (717) 763-7613 (") <::> (") C <..0 "n -,~. '- ~':..... -0 en S d fir-f'; Z:'l ", -'-,1:-q Z ," ;(,7 en), u:> ~e "'~CJ :>>- --c->;, ,-- --r1 3Ec 3: j- C' '_-0 '!? ;'~lrn )>C:. ~:I Z <=- 't. ~ <=> ~ GOLDBECK McCAFFERTY & McKEEVER BY: LISA A, D' ANGELI, ESQUIRE Attorney 1.0. #78020 Suite 5000 - Mellon Independence Center 701 S, Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs, No. 2003-03048 PHYLISS ANN LANTZ and JESSE HARPER LANTZ III Mortgagors and Record Owners 515 Poplar Church Road Camp Hill, PA 17011 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is JP Morgan Chase Bank as Trustee of the Security National Mortgage Loan Trust 2002-2 (hereinafter "Plaintiff"), 2, Defendants are Phyliss Ann Lantz and Jesse Harper Lantz III (hereinafter "Defendants"). 3, Plaintiff filed its Complaint in mortgage foreclosure on June 26, 2003, A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit A, 4. Defendants filed an Answer on or about July 29,2003, which does not raise any issue of material fact. A true and correct copy of Defendants' Answer is attached hereto as Exhibit B. 5. Plaintiff has attached an Affidavit to this Motion that corroborates all of the facts necessary to prove a prima facie case in mortgage foreclosure. See Plaintiff's Affidavit and Plaintiff's attached Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. I, ESQUIRE ------------_.._--_._~-~-- -->---~-'--~-------~ GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. D' Angeli, Esquire Attorney I.D.#78020 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. PHYLISS ANN LANTZ and JESSE HARPER LANTZ III Mortgagors and Record Owners 515 Poplar Church Road Camp Hill, PA 17011 Term. 2003-03048 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ~\;cMtI\.t \.{\ \ur, being duly sworn according to law, deposes and says: 1. I am the -6W\fk-vt.(! ~ for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. ~---~---------------------------------------- 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendants, PHYLISS ANN LANTZ, and JESSE HARPER LANTZ, made, executed and delivered a Mortgage upon the premises, 515 Poplar Church Road, Camp Hill, P A 17011, on January 13, 1999 to MELLON BANK, NA. 4. The mortgage is held by Plaintiff. 5. The Mortgage is in default because monthly payments of principal and interest due August 15, 2002 and each month thereafter are due and unpaid. At no time from August 15, 2002 to the present have the Defendants tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the dates set forth in the true and correct copy of such notices attached hereto as Exhibit "A". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. ----------------------------------- ----'-~'---------~----_.._----'-~----'---- 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance Interest from 07/15/2002 through 07/01/2003 at 8.2400% Per Diem interest rate at $21.28 Attorney's Fee at 5.0% of Principal Balance Late Charges from 08/15/2002 to 07/0112003 Monthly late charge amount at $0.00 Costs of suit and Title Search $94,247.42 $7,447.76 Escrow Balance (Deficit) Monthly Escrow amount $0.00 $4,712.37 $3,029.92 $900.00 $110,337.47 $8,232.06 ($869.57) $117,699.96 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all ofthe foregoing to be true and correct. r of ~ e", 6--'1' [ y/)IJ~~ tVJ~ SWORN TO AND SUBSCRIBE before me this.3 ,J Notary Public "....... A.............. ...... ....... .A ....... ""- .A .....^~^. ~ @......KJOHNSTON"- Ul -. .-' " COMM. #1399882 11\ It M"" NOTARY PUBLIC ;U .LlI - " HUMBOLDT COUNTY, CALIFORNIA th :;I My Commission Expires Feb. 10, 2007 .. Y"VVYv-..rv"Y__ t"" .vv-V"~, GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. D' ANGELI, ESQUIRE Attorney I.D. #78020 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. No. 2003-03048 PHYLISS ANN LANTZ and JESSE HARPER LANTZ III Mortgagors and Record Owners 515 Poplar Church Road Camp Hill, PA 17011 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I. PROCEDURAL HISTORY This is an Action of Mortgage Foreclosure brought against the Defendants who are the Mortgagors and Real Owners of the real property located at 515 Poplar Church Road, Camp Hill, P A 17011 ("Property"). Plaintiff filed a Complaint and Defendant filed an Answer. Plaintiff has now moved for Summary Judgment and this memorandum is offered in support of Plaintiffs Motion. This memorandum is offered in support ofthe Motion. II. LEGAL ARGUMENT Summary judgment is governed by Pa.R.C.P. 1035.1 et. seQ., Pa.R.C.P. 1035.2 provides that "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment.... " Summary judgment is appropriate to be entered: (I) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Pa.R.C.P. No. 1141 notes that the foregoing assumpsit rule shall apply to Actions of Mortgage Foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the motion to provide the Court, in response to the motion, with "...evidence of facts essential to the.. . defense which, in a jury trial, would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or mOTe issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion... Plaintiff has included an affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which states in relevant part: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. The only issue before the Court is whether Defendants' Answer raises any legal or factual issue which provides a basis for denying Plaintiff its request for summary judgment. Plaintiff respectfully suggests it does not. Defendants admit paragraphs 1,2,3 and 4 of the Complaint, specifically the identities of the parties, the making, execution, delivery, recordation and assignment of the mortgage in question and the legal description of the Property. Paragraphs 5 and 6 of the Complaint contain the specific averments of default and amounts due and owing upon the mortgage required to be averred in actions of mortgage foreclosure as set forth in Pa.R.C.P. No. 1147(4) and (5). Defendants generally dispute the date of default and the amount owed. Pa.R.C.P. 1029(c) requires Defendants to dispute Plaintiff's allegations with some specificity. Defendants have not done so. Defendants make no specific response whatsoever regarding Defendants' failure to tender monthly payments or the amounts due and owing. Defendants cannot simply invoke Pa. R.C.P. 1029(c) when Defendants, as well as Plaintiff, have knowledge, or should have independent knowledge of the mortgage account. Further, as case law assumes that Defendants have knowledge of their own mortgage account, Defendants are deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. See First Wisconsin Trust Companv vs. Strausser and Perlberger, 653 A.2d 688 (Pa.Super. 1995); New York Guardian Mortgagee Corporation vs. Dietzel, 524 A.2d 951 (Pa. Super 1987) Cercone vs. Cercone, 386 A.2d 1(1978); Pa. R. C. P. No. 1029. The lack of specific, detailed response to Plaintiff's specific averments of defaults constitutes an admission of the default and amounts due and owing upon the mortgage. See, New York Guardian Mortgagee Corporation vs. Dietzel. 362 Pa. Super 426, 524 A.2d 951 (Pa. Super 1987). Thus, while Defendants' default is a legal conclusion, Plaintiff respectfully suggests this honorable Court should conclude, based upon the deemed admissions of the Defendants and the verified facts of Plaintiff in its affidavit in support of its Motion, that Plaintiff is entitled to summary judgment. Defendants general denials alleging that the damages are incorrectly calculated is not a basis to deny Plaintiff judgment as a matter oflaw. Default in an action of mortgage foreclosure is an absolute. Once default under the terms of the mortgage has been established, the court must enter judgment in favor of the holder of the mortgage. The question of accounting is saved for another day, specifically, after a Sheriff's Sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d. 335 (l971): The mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at Sheriff's Sale and distribution of the proceeds is made. Judgment in mortgage foreclosure action must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 335. This Supreme Court decision directs a court to enter summary judgment in favor of the plaintiWmortgagee where the defendant/mortgagor admits the default upon the mortgage. Landau vs. W. Pa. Nat. Bank, 455, Pa. 217, 255-266, 282 A. 2d 335, 340 (1971). Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an action of mortgage foreclosure for attorney's fees equal to 5% of the principal balance of the mortgage as demanded in Plaintiff's Complaint at paragraphs 6 and 7. Robinson vs. Loomis, 51 Pa. 78 (1865); Galligan vs. Heath, 260 Pa. 457 (1919); Foulke vs. Hatfield Fair Grounds Bazaar, Inc., 196 Pa. Super Ct, 155 (1961); First Federal S&L Assn. vs. Street Road Shopping Center, 68 D & C 2d 751, 75 (Bucks County) (1974). Moreover, as further explained in Paragraph 7 of Plaintiff's Complaint, the attorney's fees demanded in Paragraph 6 of Plaintiffs Complaint would only be collected in the event of a third party purchaser at Sheriff's Sale. Defendant continues to have the option of paying all arrears and costs up to one hour before the Sheriffs Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. See. Pennsylvania Act 6 of 1974,41 P.S. Section 401 et. seq. Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It is respectfully suggested that should this Honorable Court find that the flat rate of 5% requested raises a genuine issue of fact, summary judgment be granted Plaintiff as to all issues except attorney's fees. Certainly, with default admitted, it would be unfair and a waste of this Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the demand for attorneys fees. Defendants admit Paragraph 8 of the Complaint that Plaintiff fully complied with Act 160 of 1998. III. CONCLUSION All material averments of the within motion are verified in the attached signed and sworn affidavit pursuant to Pa.R.C.P. No. 1035. Defendant cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff vs. Gardner, 451 Pa. 146, 303 A2d 352 (1973). Accordingly, Defendants answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiffs Motion for Summary Judgment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant as prayed for in Plaintiff's Complaint. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER BY: GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. D' ANGELI, ESQUIRE Attorney J.D. #78020 Suite 5000 - Mellon Independence Center 701 S. market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. No. 2003-03048 PHYLISS ANN LANTZ and JESSE HARPER LANTZ III Mortgagors and Record Owners 515 Poplar Church Road Camp Hill, PA 17011 EXHIBIT LIST A. Complaint B. Answer C. Mortgage D. Note EXHIBIT" A-" GOLDBECK McCAFFERTY & McKEEVER 'BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 - THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA,PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF -, -'.'-.-..--'~-i !A'" ';~~(""-f;,'~,"'" ffl,': \P"W'I HEREBY CERTIFY THAT THIS II" .i c \i,.~ t: \~ 1~ A TRUE AND CORRECT copy ., .',""', ',~',"",Jf' \ OF THE ORIGINAL FILED. \ If" ~ ~ ~I:i 'W L \ii 'i,cI! >.: ."-____.1 IN THE COURT OF COMMON PLEAS JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. PHYLISS ANN LANTZ JESSE HARPER LANTZ III Mortgagor(s) and Real Owner(s) Term No. Defendant(s} 03 -J()L{f c.;c..>: l'-r-~ ,.:\lIl.. ACTION: MORTGAGE FORECLOSURE 515 Poplar Church Road Camp Hill, PA 17011 TIllS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. Uyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are sCPled, by entering a written appearance personally or by attorney and filing in wri,ting 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 maybe entered against you by the Court without further notice for any money claim in the Complaint offor any other claim or relief requested by the Plaintiff. You may lose money Qrproperty or other rights important to you. YOU SHOULD TAKE TIllS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. () c: ? ~OJ ,- n>;fT' Z ;'::::'D -:7r- 1"'0.) (),Ij CUMBERLAND COUNTY BAR ASSOCIATION (? '~r~,: U\ ,: . L 2 Liberty Avenue r'::; t'. _:J '-'; Carlisle, PA 17013 f I~:,'~ ~ ~:~} ~~ AVISO ::;:':Ci :.....J i~:;rq LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLttfAMENTE mcESsANo QUE USTED RESPONDA DENTRO DE 20 DIAS OESPUE, S DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIOM US~, 0 s~ ' ABOOADO, REOISTRE CON LA CORTE EN FO>>M^ ESCRIT A, EL PUNTQ DE VISTA DE.USTED Y CUALQlJ1ER OBJECCION CONTRA LAS QuE:h(s EN ~ DEMi4.NDA, RECUERDE: SI UsrED NO REPONDE A EST A DEMANDA, SE PUBDE PROsEGtJIR,.(;O'N 'EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSffiLE QUE USTED PUEDA PERDER Dll'ffiRO, PROPIEDAD U OTROS DERBCHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243.9400 o (,,) o -1'1 ~ SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243.9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ----..-..- -----',- ,_'1 . COMPL1<<i~Ni~i~~ '1'6 i~TIFY THAT THIS . ?"'_""}! I A TRUE AND CORRECT COPY 1. Plaintiff is JP MORGAN CHA~E B~~~u:t :; ;~~~~~~~i~~AL MORTGAGE LOAN TRUST 2002-2, 323 5th Street, PO Box 35 Eureka, CA 95502. 2. The name(s) and address(es) of the Defendant(s) is/are PHYLISS ANN LANTZ, 515 Poplar Church Road, Camp Hill, PA 17011 and JESSE HARPER LANTZ III, 515 Poplar Church Road, Camp Hill, PA 17011, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises hereinafter described. 3. On January 13, 1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NA, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1513 Page 864. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 by Assignment of Mortgage, which assignment is recorded February 3, 2003 in Book 694 and Page 333. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 10 19(9). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due August 15, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 07/1512002 through 07/01/2003 at 8.2400% Per Diem interest rate at $21.28 Attorney's Fee at 5.0% of Principal Balance Late Charges from 08/15/2002 to 06/30/2003 Costs of suit and Title Search $94,247.42 $7,447.76 Credit Hazard insurance Forbearance interest $4,712.37 $3,029.92 $900.00 $110,337.47 -$869.57 +$1,051.71 +$7,180.35 $117,699.96 7. The Attorney's Fees set forth above are in conformity with.the Mortgage documents and Pennsylvania law, and, will be collected in the event ofa third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) haslhave not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $117,699.96, together with interest at the rate of $21.28, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for e foreclosure and sale of the mortgaged premises. By: wr- cCAFFERTY & McKEEVER SEPH . GOLDBECK, JR., ESQUIRE Y FOR PLAINTIFF ., " ~~~::;'." ~ ,,- "'T~ :., ~ -~-- ~~.t:-~ ~ -.:_~ VERIFICATION I, MiJ0~HI(V as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: ~-I (0-03 ~ LfYJ ~ 7t{~ #139994 - PHYLISS ANN LANTZ and JESSE HARPER LANTZ III M.:::lIU ::!!l U~ U~.::.!Up . H.~ 21 03 o?:SS. Tr.c~ J.W.~'. p...::!! 71?-SllB-Sl?B p.2 ~,:t.~ "'''-11\-\540-0'2.. J :,%54 ~ THISDEIlD._....3Olhof lJ......" 1996,k1_1....H.trJcrL.....lll,orll>o B....ah otW",....,....... Cwnty oFCa ,_10M.... C....-...~III .F PemlI)Mnla. ...... dc:$IauIcd I:tlhe.~ AND lESSB IlARPJ;II. LANTZ, U I, ODd l'HYLLIS ANN LANTZ, his_ .FIIIo -ah olWOl'lDIeyalIur& CouoIy olCorllberJond .... C__ otPalnoylyao" herem ~ed..thtOra.fttee;. WITNESSBTH,. IlIII _<JttaIcw... 1Cl:~.1J'j 1he OIircticI, Ibr aad Ia couSdeIad.. or TJtN (110.00) DOLLARS JaoMbI.....,. 01 "" tlnltod _ of Aooerlao, to ,110 Chn1oI' 1ft h.... .... ""'....,.....by..._.. "'''''_1'''-'''' dcliveryoC...._... rccclptwllcnoCloller~~.., ,bo_hIos_&tIy_",doby Ihcse~..-. t.rpin. sd aMlCOaYl.'1un\o tbeOnatet ~.. ALLII1,._Iol,....."'_lot.........ptallI....Itoa...IyiaIW......1ft1l>o DorooP ofWcnoIcy_. in.... C<lunt1..FCUooberJond sad c-non-I.. olPalosy_ Jl\Df.~CIIIc:ribed..lblIowt: . BEGINNING at I point oftlbo nQor1heriylineotPopIlrCbt.udl. Aoad.llld point tldQa located __ elaIfty (18O)1td m_rod--.ay.Iq.... Uncl_...._... ........ ""'II Doln l"oIe<1cf. "'" II... <OIkrty Uno 01_ oow or r......ty 0(.... R- Oo_ _......... GulIIlIII_ ..... ~ (30).......lhIrty (30)....."".... ... -lOnr--....... _110(1<2.01) IIocl to. polin; boooe....h r.n,...... (51) <leg... UIiny (311) mitlut.. _ oloovl............. U.. of LoIs N... 10 MId P 00... ""'--I'IIa,__IIOO)...."'.poinI; -........~ClO)...... tI*1Y (JG) _lei _...... """"'... oCl.ol No. 70....1011'1oo, pnIpCrly aow .,Iooe" t.. (' ..., OM II&andmt tortyo.lwo aad ~...~ (l42.O8) f'ccd to a point 011'" DGr1IIcrly IIno otPq,IorClon<l_ _by... '-Bne_lifty-Ibn:eISl) .......1hItty (30) minutes well 0" ~ (JOO) r.c to tllo pJ.ca ofSe'siminl. . BEING Lot No. 6 aad tbccastafy tWrty (]O) lCctoCLof No. So. the PbnofSctIioll"A- ~...id Plan bolOS ._Ift... CUooberlond C~ Rccor...... om.... P1u Book 10._12. .J BEING .... or... pmoIoOIwbidl..._ Luaobct IlllI M""-""I C_ by ..............OJ' 17, 1961, .-Iftlleod Book -. _ 81'. O"..bcrlo" Counly '....do ~ urllOabeI. ....l*'LaU.Jr..wIIo4epMhdtbSllll'eoaJGDlIJry 15, 19II_GIoriI.G.. La....I1lo.... Groat.._ . .. IOlII 148 fAtt ?GG ~ . EXHIBIT kT 91 NOTICE DATE OF NOTICE: March 24, 2003 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en ad junto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contynido de esta notification obtenga una traduccion immediatamente llarnanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedcii .ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. .It".".... Prepared by: GOLDBECK McCAFFERTY & McKEEVER ........~..!'ilrojl..~lIml.r:J. Suite 500 - The Bourse Bldg. 71bO 3"101 '64 III S. Independence Mall East 4 351' 10(]], Philadelphia, PA 19106 ~. : Fax (215) 627.7734 .:JI"Il:J:;iIr!'~lrojt"~I'llil'I:J. 7160 3'01 '644 3519 0996 "'''f::l~III::l:I...t1:f:(er.l:fl~ 1 Date: March 24, 2003 Homeowners Name: PHYLISS ANN LANTZ and JESSE HARPER LANTZ III Property Address: 515 Poplar Church Road, Camp HilI, P A 17011 Loan Account No.: 139994 Original Lender: MELLON BANK, NA Current Lender/Servicer: SN SERVICING CORP. HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one ofthe designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BmNG YOUR MORTG.AGE UP TO ~& .. . CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set 2 forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one ofthe designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLlCA nON FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. HOW TO CURE YOUR MORTGAGE DEFAULT (Brioe it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 515 Poplar Church Road, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 (a) Monthly payment from 08/15/2002 thru 3/24/2003 Payments due $7,631.36 (b) Late charges due $2,839.14 (c) Forbearance Interest $7,180.35 (d) Foreclosure Expenses $75.00 (e) Prior Legal Expenses $75.00 (f) Prior Attorney Fees $1,280.00 (g) Forced Placed Insurance $986.83 (h) TOTAL AMOUNT REQUIRED AS OF THIS DATE $20,067.68 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 20,067.68 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: SN SERVICING CORP. 323 5th Street PO Box 35 Eureka, CA 95502 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril(hts to accelerate the mortl(al(e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortl(alled property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ifthey exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, 4 reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date oHhis Notice. A notice ofthe actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SN SERVICING CORP. Address: 323 5th Street PO Box 35 Eureka, CA 95502 Phone Number: 800-603-0836 xI218 Fax Number: 916-231-2508 Contact Person: Barbara Collins EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 5 * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Contact Person: Barbara Collins Phone Number: 800-603-0836 x1218 6 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYL VANIA INe. 2000 Linglestown Road Hanisburg, PA 17102 (717) 541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PAl 71 0 I (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF TIlE CAPITAL REGION 1514 Derry Street Hanisbnrg,PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesbora, PA 17268 (717) 762.3285 YWCA OF CARLISLE 301 G Street Carlisle, P A 17013 (717) 243-3818 FAX (717) 731-9589 ADAMS COUNTY HOUSING AUTIlORlTY 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 EXHIBIT "13,, JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3048 CIVIL TERM vs. CIVIL ACTION - LAW PHYLLIS ANN LANTZ and JESSE HARPER LANTZ III, Defendants MORTGAGE FORECLOSURE ('2 c' C. G-~ z:. 316-; LYC'"," 1 . :--..) 2l.. Ii.) c:Q'; ~C ~?:: ~.:~.'-L~~':-; ')? r--'- '51 Z C" :2. 0 CJ .n ,,---l:~ ,~ DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT - ," (-~r' 'C) -r. . -\-i :'''> ;',.,i'"11 ;:::, J:~" ~ I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendant does not agree that the default occurred on August 15,2002. Strict proof thereof is demanded at trial. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment. Further, Defendant does not agree with the calculated amounts due on the mortgage. 7. Denied. Defendant dispntes the attorney fees set forth in the Complaint. 8. Admitted. WHEREFORE, Defendant respectfully requests dismissal of the Complaint together with such other relief as this Court deems just and reasonable. Respectfully submitted, LA W OFFICES OF CRAIG A. DIEHL Dated: :rul, ~S; 12",:; By: c..-<<((t tJ:1J.L Craig A1. Diehl, Esquire Attorney ID No. 52801 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendant 2 JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 03-3048 CIVIL TERM vs. CIVIL ACTION - LAW PHYLLIS ANN LANTZ and JESSE HARPER LANTZ III, Defendants MORTGAGE FORECLOSURE VERIFICATION WE, PHYLLIS ANN LANTZ and JESSE HARPER LANTZ III, VERIFY that the statements set forth in the foregoing DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. 94904 relating to unsworn falsification to authorities. Dated: cJS :J'uiy .;9003 (;?2~()~ WCH :4~ Phy;iiisAnn Lantz /7"'" Dated: :;)~ ]t.fLL/ !2IP03 Jqe/~r~ ~ffi- JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 03-3048 CIVIL TERM vs. CIVIL ACTION - LAW PHYLLIS ANN LANTZ and JESSE HARPER LANTZ III, Defendants MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE AND NOW, this i')cr'~ day of July, 2003, the undersigned hereby certifies that a true and correct copy of the foregoing DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows; Joseph A. Goldbeck, Jr. GOLDBECK McCAFFERTY & McKEEVER Suite 500 - The Bourse Building III South Independence Mall East Philadelphia, PA 19106 LA W OFFICES OF CRAIG A. DIEHL B' j /',,;::.7 _ Y.~~ ~len E::-Rasmussen, Legal Assistant 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 EXHIBIT "~,, .' ,,~ .. n~d 8 Mellon Bank . ";:;:: .:.... ~LllJNT' _;.! IIIIIIII '99,jt1N 19 PI'! 2 S~ 'f) 7-75:"../ ';2..'>-40/4/07 P~A'" ~ D Jlfll1~,1 ProDert:J 1'bI> M_ Is mode tbls ...lL. dlyor Jl\IIlJARY 1999 betwcc:a asu 8AJtP8R LAWta, III AD. ~SS. DRPP IJUlTZ PBYLLZS ANN LUTE (b.._, <ailed "Monpl"") oDd KBLt.OJI BA10t . " . A. (beuuloftu <ailed "Monp...'). As _ b......lIte lClDI 'Monpl"r' '__UOUyud co_y 10011 Monpl' 0", ODd oil SU<lt peI10DS sba1l be jomtly and ""'....1Iy boUDd by lito....... lleteol. Wbenaa, JSas_ H LAN'rZ PHYLLIS A LAII'l'1 (_IDdIvk1UOUyoadoo_lycalled"SO"""'""l (IS) (ue) .adebled to Mon.....1n lbe prindpol.um of ...$96,237.82... Doll'.. ($ 96231.82\ evidenced by a nOIe;, coatl.ct or leUcr of aedU applicatiOn ("tII. No..') dated JAlIlIJUU' 13 1999 To INIIn tile pa)'IUCDI oC aU sums due 01 which GLly become due IIlIder lite No.. aad .., and an _om 0' _ Ihcreof 111 whole or ID pan (an of whICh IS hereinafter caUed the "Obhpuoo'), IIld to secure pedol1JlaDCe of an obiipliom WIder lite No.e ODd I!lJs Moncose, MonPID' by mae praeau, UItCDdiDg 10 be legally bound, dOcs &ADt, barpw.. seU and convey unlO Monpp anllll$luceessors aDd W:lps all that cen:.ajn pwpcny Slluated III COKBIlRLAIID CoImty. PCIUlS)'IYalua. ad mote particularly deacribed III Edubn . A', atllched hereto.ad made I pan hereo~ a.......4'WN) LC"'W'N17 T...- WIlli All lite bu11dlap ODd Imp_" cre<led 1lI.,..,.. lite t>rIviJqes ODd opp.......... _e...to bcIoqin&.lDd iIIe ........,os ODd _ ICD",iss..., ODd profi.. lhen>of (oD 01 wblcb is berelnaftu <oiled lbe 'Monpp Propeny'); To 1IIl'e ADd To JIGW lbcaaao Dato Monpgce and Its sue. ClCISOrs and ISIJ.&DS, roreYel'. Pro.Ided, U......., wl.pon _cot In filii of lite ObUp. lio., the ...... II<reby "..'cd.balI be disdws<d Mortpaor represcDIS, W3f11lalS, covenants, and agrees thai: JInt, MortPll'" wUI keep 'Dd perftll1ll an lite aM..." and agreemenu coDtalned 6creiD. Secoad: WUbout prior wriuen a:msent of Monp~ MongJJQf ,hall dOl cause or penl1lllcpl or equitable otle to aU or part of the Monppl Ptopcny 10 tJeeome Yelled ill uy other perIOD or CIlllly by sale. opel'ldoo of Jaw, or to a.ay ot.Iaer DUlIUlet, wbetbervohmwfly or iDYotunwiJy. 11oJrd, MortPID' wart.... WI Monpso< ""'" lite f<e sJmple Ulle to lite MonpJed Propcny free ODd cIcar of 011 liens. Gllhns, and cDCUDlbrances cu::ept those to wbJdI Monp... bas 00........ ill wrltlna. Monpso< """...11 w.lIte Monpp Property lIloD COIltlnoe to be bckl free and clear of all hens. dauns, and eDCW!lbraDQ:I acepl as exp,essly perm".... by Mongasec In wrlliIla. Foun/l: Monpl'" will pay wbco doe 01/ ...... ISSeSSlDCDts, 1evic:s, and other dwga on or apiblt tile MonpJCd Property whld! may allalD priorily over lhc tien of lItu Mongase, U Monpll'" ran. 10 dO so, Monp... II ill sole oplioo mOl' e/eCI to pay ,lIdt ...... ............. levies, or olbtr cbargcs. At Mongagee's request. Mortpgor sU1I deliver writterl evidence of aU sudl paymeOts to Monpsec. FIftIl: Mon_ sba1l teep lite Monpacd Property III good repair, crcepliD, only reasonable wear aDd tear. Monpso' will permh Monp..... '.tIlonzed rcprcsCDtaUvCl to enter upon the Mongaged Property at any reasonable time 101 the purpose of inspectlo& me c:oDdUiotl of the Monpgcd Property WJI.houl lbe MJuen OODSCDt oC Monpp.-Mortpaot wiD DOl pennll removal or demoUdoD oClmprovemerns IlOW or bereIfter erected on ORIGINAL SECURITY NATIONAL 3 O"A Bool151 rAGE ",0'0 ~::"~a.-~-..... . hie lotS ~ _._-A..._:;.~.__ __ .... ...~~--. -........... ,,' the Mo~ Propony. oor will MonplOr penoI. ...... 01 the Mo"JI&OCI Prop.rty or aI....IIOD 01 ilDplO>Clll<ll1S now or IIcteIllet ......... OD lb. Mon,.p Propony _ would adwneIy _1m IlW'kel vaI...._ by Man........ SI:dIu Tbe term. "bawdous sublWlCCl. mdudc:s Ill)' .ubI....... _. or _tel tIuIl ... or bocx>me ....lat<d by "'1 ............-- authOrity __ 01 lDldo, _ble. llIpJoolw, c:onoorve, reaalYe, qdjoactiYO, or olller propenl.. tbll IU, be Ilazardods to humu. .bea1th Of me cavlronmeat, at wolf .. arty materials or ,ullswIces tIIat are Uslod ill the UDlled Stares Ileponmenl 01 TnlISportallOD HazanlOw MiICriall Table. II UlOIIdcd from tdDe to tUDe MOf'l&l&Or watraDlS lbat the Monpaed PrOpen)' does ZlOt ......... :'t':;"'- ,oIlo....... and IU' DO pllysi<aJ COJIdIdoas ro b...... Ile.Iltll or Akq arc _, OD the MorlJaIod Property. ""'Pl at previously _ 10 Mo_ III Millo&. Man...... will DOIlIIcr cause Dor penDlt the deposl~ -dorI, or p_ 01 arty bazardous IDblWICCI or lhc I~QUO.D or _=0: 01 aD)' pJl)'sJ(:aJ alIIdllloa -.. 10 b1lllWl bt:altll or safety OD the Mo~ Propony Mon..." will compJy .. MollP8on ....- willi all ~ .......tions, ruIeo, ol'llbwlta, and _ of co",," or ,.,.,....D..I _ repr<hna the MOI'IpJ'QI Propeny, naw or Jtc;rcaltcr aD eutence. mdu4iDg but DOt IiDlItod 10 ~ rdattn& to _us .ubstan<es. If MoftlllOf !ails EO dO IO~ Monpgec 111I)', .. Its opuo~ tate Illy aaiou It deems iD ats sole dlSCl'ebon to be necessary to e1rectuare such aJmp,:Wll:e. MonP'" sIIaII ..... DO obllp_ or liability .. any tlme wtdl reprd co bIzanIous sub$taDCCS or aD)' oiber p~c:at a>1llbdoas _ _ _'00 the Mon,.,.a Property at "'1 tlme. Mo........ willlademD1fy aJId d_ Mon_ aplJlst uy ancI aU Jiabilldel or I..... 01 arty type wlra__ MonpJoo _ _ by .....D 01 any _us .uIlo_ or olller pb.)'SicaJ c:oadltioas wbicb I:U)' cdst on the Mon......l'ri>pony .. arty time, provfdecl. _. tIuIl If MonpJoo _ aCe ulre IDle poojesUoo 01 lbe Monp.... Property. Morlp.... _ .... 00 011...._ UIlder lIIII parappb oa _UI Of any COJIdItioo wbkb may _ _Jato ......... ancI w_ .... DO' ca_ by a p~usJy e:dstlo, COIIdIlloo. MortPIO'" obUptiou uIIder tills paropapb .baIl 'unive tile Ir:rtltioatiOD and salislactloo 01 lIIIIMon_ -. Mon..lOr ,Jrall keep tile Monpp Property - apmslloa by fir<, aU otller Jrazards coo.omplatod by the taut "cdeDd~ aJYeI'aae.. and locb other nab ud _ u Monppe ,ball require, In ,uch amoun" at Mo....... ,ball ""I1Iire. Mon,.lOr wlU p=- lIood Ins...... at andID tile _I nqulrod by Monp... '!'be IDS..... or /osureI1 will be -. by Mort....... 'ul>JClCI 10 'ppnlYII by ~ and .ppRMl IIraU DO( be .........bly wi AU Ins...... pelkl.. sIlaII coDulo loa 10 da In faror of and .baIl be ~by tlle IDs ollly ItIer :::;:'llOlIco by tlle Insurer 10 Mortp.... Monpaor 'baU de1iYer ","It... evldenal of aU .uchJ1U&ll<e to Monp...... 011399 10.33 . . "'- d'....... ... .. II MonplOr fall, 10 ob.... and keep 10 force OIly'requlred insurancc or fads to pay the pteDUums Oft such Jl15Untnce, Mongagee at Its sole option may elcc:l to do .so. In tbe eveDt of Jess, Monpgor shllJ give prompt OChre 10 the tnsuru .ad Matt..... MOrtcqec at 11$ option may decI to mate: proor of lOSt If Monpcor does not do so promptly. aDd 10 tale any aaloo II deema necessary to pfedelVe Monpeor"s or M'onIlPC's rigbts uRder aay UIIuraace polley. Subject to the ri&h" 01 the bolden 01 any prior monpge, WaraJICe proc::eeds shan be applied to restoration or rep'.Jr 01 tile Mon..p I'roperty or 10 r<<luaioa 01 tile OblisanoD,. as MonaaJ8C may delermiDe in Its sole dlSctenon. Mongasor b(fttly appoJzus Mon,p,ee ud u. sua:a5:9f1 aod ISIJps as MoriPI9.r's attorney-ID-fact to clldorse MorIaacon aame fO or dlatt 0( check ....luch m.ay be payable. to MonpJOf in: order 10 colJcct such InslltlUlce proc:eods ElahU. MonplOr hereby 'V- to repay 10 Mo"'.... OD demand all 'ums wbklt Mol1pJCO ... _ to pay under Parappbs Fourth 8Jld Seventh IIId any COSlS wblcb Monpgce .... 'Dcunod ID takIn, actions penoIltod by Paragraph S.trah, and an .such SIUIlS, .. well IS R)' amounts for whld:J MOrtjl,or bas aereed to In4emmty Mortgape under P.r>grapb Sbttb, sllaII. until ...pald 10 MonPsee. be . P-r1 of the Obligation and bear mlcrat at Ute b1gI1CSI rate pennined ~ law (but 1I0t exteedlna tbe eonuactu' ra(~ or ,*IC$ of IDtercst applicable to llIe Obligallon by the terms of the Norc). Nhllb; SubJca to tbc rtptl of tile bolden of any poor monl3ge, MonpJOr lleteby IIDl... 10 Monp... ,U proceeds of any award in COMCCllOD WIth any condemnahOO or other taking of the Monp,od PIOpony or any part thereof,. or payment lor conveyance 1n lieu 01 condemudoll:. T...u. U tile Monp,ed Propony or any perllOD U1ereol COnsISts 01 a unit iD . roodomfnfum or a pllJlncd unU deYeJopmcDI. MortPJOr .halI perform .U of MortgaJOr's obUpUODl u.Ddct lhc dedaIaUoa or QMUDU ctCIUaS or JIO"OIlllnllbe COndoatlolllDl or p_ unll deYelopmenl, the by-laws, rules, IIJd resullllons ot the ooa<lOmmlum or pJanncd lUlil deYClopmeat, an4 rela.tot1 docume:nu [f a CODdomJnlum 01 p.lazmod UlUt dtvdopment rtder is aectucd by MortsaCO" aDd recorded ,.,tb (his Mortgage, !be covenants IDd qreemc::ats 01 luch rider sball be lOCOrporalOCl herein as itthe rf4etwcre a pan hereof. .F..IeYeatb: 1.0 order 10 furtbcr secure Mongaaee in the evcdt or dcCault in the paymCAI at the Obligation or in Ibe performa_ by Mon..lOr 01 any 01 the CO>eJIaDb, coaditioDS, or agreements C:Obtaiacd herein, MongaCOr hereby ....... _ """'..... 10 Morlp,.. aDd tm aocc:easoN aDd usJ,ps aay nd aU leuca 00 tbe MonpCOd Property or any pen Iberw~ _ e:dsdnJ or wllICIt _ hereafter be made at lIlY time, toaetJtet wilb any and all ltJJ!J. Us:t1et. and protiu villll' &om the Mottpged Bood513 rACt .865 Pap 2 of' J ..' P,opony WIder said _ 0' olllctwloc. Monp....baII ha", no 01>>111111011 ro pcrtorm 01 dUcbu,p: uy duly 01 UUJUIy - .ucII _. bu' shall ""'" luI1autbonzatloo 10 oollccl all ..... WIder lhc _ or 0'-' '0 _ posseuio. of IIld rea. lhc Monppd Propony, and 10 _ any oc:dou, ",cIudlnl IepI ocdciu, I. deems IICCOISOIy 10 p_ Mortp..... 0' Monp...., rtahls _ ..ell ....... Mortjajot lbaII Dol c:oUecl My reDl .lo I4vana:: 01.. dlte 11 is due. - In lhc ....t 1Ila. (0) any .......ty. _~ 0' 0"'_' 00._001 _ Ii bIacIled; (1)) any repre.catalioe or warraal)' c:oataiacd bcrcm or otberwisC: made by oily Mo......, In -. wilb tlus Mortpp p....... 10 be _ or mls_r; (e) O.Y defoul' o<cun vader I.he 10llDI of Ute Note or 8D)' IIJfClC1DCDt mdeDcmc. sccutiDa. or olbenvisc QCQltcd ADd dc1Wered by lAy Borrower OJ Mortpaor In ""._00 willi ,lie OblJpdoo; (d) any defawI oa:un UDder the tcna.s of uf otbcr monple or oOler fosUUOleut creatlq , Ilea o. tbe MonpJOd Propcny; (.) , boldu or any b.. ......l>erfDllIlc lIfDrtpJOd Propony OIlay ponlOD thereof (wbetllcr such hen is JUDior or 'Dpcnor lO tho bea 01 tIUI MortPF> aJlDDICI1CcS II 1'oRdoaure or Ally odIcr Prooeedlul 10 -... 00 'uell Ilea; (I) any Mortpao, becomes IDJOlvcnt or makes aD IUlpuDeDt lor me beacflt at credilOnl; or (J) aD)' action. petition or giber proccedbt, is fUed or COIlllHDced UDder an)' Slate or federal bu.knaplty or IDSOIveaey law, by Monpgor or IUl)'ODC else, rcprdiD, Ibe ...... of Monpaor. ....... In .....do. 10 _-.. laY rigllls - MDrtpacc may ...'" ullde, Ibe te..... ollhc Note or any aareemea.l securmg repayment o( Or reJattDa to. ID)' ponlo. ollbe ObDplio. 0' wlucll ... .lherw/sc pRMded by I,w. Mortpgee otay fo_ upon !be Monpged Propony IL-2I6.....(M4)Lc.lW4LDffV1 by appropriate lepI PlOCC""'r, IlId ..U lb. MonpJOd Propony for Ihc roIIccrJoA 0 Ibe Oblip1io.. loaeIhcr willi COllI ot awl IDd au atlol1ley"l lyvrn"iNjoD = to !be - or (,) 20'5 of the amOWII doc 01 00. wIticbever is pealer, or (b) !be mu::illlwa UIOUllr pcnul,tcd by law. Mortpao' bcreby forever _ IUd - all enon lD tIIc ald pr..-Jap, 'lIy of _do.. and Ihc tipl of lDqali1bOD IlId ......10. of tJmc Ofpl}'lllCllL - The riaJ>.. IIld remedies 01 MonPle< prrMcIcd IlerelD. In Ihc Note. 0' lD ..y ollter ,,,,,,,,,, securia& .._. of, 0' -du& 10, any _ of lb. O~1Ip..... 01 Olb....... p_ by faw. shaU be CUJDuJarfye aad may be pursued slJJgJy, CODcutreatJy, or -11 a. Monp...~ sole dlsactio.. .... ...y be ClZerQsed as often as DeCellary; and lbe ta11ure 10 aenise aDY.sudl nabr or rt:lbcdy sha1J III DO cvea. be collStl'Ued as a waiver or release of the saJ:Ue. '_Ill: The _IS, colldfIlo.. and ,,,,,,,,,,, 00Il1llDed bcIelD shall blDd Ihc bcbJ, penoJlIl rcp-........ IIld ,n lIlI or MortplOT. IlId the ngll.. IUd priviJ.... ""Dtalued bcIelD shall "'ute '0 the $uccessors IIKI assigns orMortpp:e. - 'Ibis Monpac .hall be aovemed .. all ,espects by Ihc "'" of Pcuosyl>aaq. II any plOYlSIOD hereof shaD tor lay reason be held jQ'ftlkI or 1IOC_~1c, DO olhc, provisioD shall be atrectcd tIIercby. and tIIis Monple shall be construed IS Ii rbe IlMlid or lllIeIlCOn:eab1e prcMslo. bad _, bcco put 01 ~ . - ." 0'0' ,. ORIGINAL SECLf/;T r NATIONAL --~-~._- PaSC30fS 8ood513 PIG( .866 '""- x - X - x Wl_ x ~ ~""'"~-,...,-' ."_'_w"'~ ....' ~'!'.J.!':" . ,p. _.....'""_~T' .,...... .... _ _ (Seal) X (Seal) /1/ X (Seal) ... X (Seal) .~"._.L JJr~;l.~I.J.W.._..t..:~;, MIlLLOlf BUK., If. A. I Mon,p,ee wnhln named, bereby _ WI ,.. prilIdpal place o/b....... b at KAlUUSBOltG, nNHsfLVAHIA 17101 Br Ha.LCff 8MX, If 4 A. X I. J ' fr'~, "~;;: C4unty7~~ !:"h:"ya ?t 0<.. , Oalhcl /...3 ldayor a~u..a r'/ 1.99~bcfor.mepe""""Uy"'m. JZ.a. IIUP.. I.Alft"I, In PHYLLIS t.ri LANTZ ~ JBasa RAItP&R LAHTI . who, bernl dulySWO....~..1!Ja1 +hf;\! dld.llIIIlhclrorego"l...uwn"~lJldthallb...meD i-Ae ,.e..., tree act ~ fit ~ny whereof. r hk hereunto subscribed my rwne. :~~~/ 'f.\~~' /' CaoiL :"_Sfil r~':I /. rL~~ ,.'"~~... .:'J. ~ y. .L~~..~~ ""'-""- t. ., /~, -, ~_ 10.201>> ,,p .' : ;:'. -............-..- '1'...,. " 10 801m! _ ~ . Coun~ .~wr: .il,~~,,~" :::-~~~~I~tvJ I a I rtlI ~, R""'rdedlD~.om",cr".Reoorderot~iDlUlllCorAl<lC4untyo.tb. 9 dayor UY: " ~'iDMOttgO,r.BookVOI"'. o~~~ .page ~ . wtlnetlIDY bud 4Dd th seal of aa1d office lht di\y an4~ aforaaJd. ~ -1~t!7~ 011399 10133 .,- Pagc4of5 80011513 rAGE !3f;} EXHIBIT "b" PrOMissory Note 8 Mellon Bank IIIIIIIIII .., (Secured) CrodItor MBLLOIf lAB, II. A. 10 SOO7J/ HAIUClI'1' SQ1WIII HARRISBtJltG, PI1OI8!LVUlIA -- 12&-4014101 Dole 01/13/99 17101 JL.21."'(5M)L.C.3MlDW ANNVAL PERCENTAGB RAn 11le_olmycndltll .)WrIt"'.. nNANCZCIIARGB DIldolar__ CftIdItwWCDlIDCo -- neUllO'Mlotc:ndllpco- Y\dDdlOlDOoroarlt'J ....., .-..- ne..... 1.aJ UIc plidaftcrl.-.e-* .o..,..ca.ac:IIcdYIad. S 65304.81 (.j I NUIIlberolhYlMall1 "'_.'d.'M'IDeMI 179 89'.4' 1 893.71 V.....k.. (AppUcable.r daec:tcd). 8Ny ku cc.Ylota vanable rale: r.rure. DIIllIowa alIeNI-die"""" nae reaun .... beeI PftMded tel me eaner s.e..-,. YOlt...Ubave."'l)'~" c_....... c_..... c__.. D Bcacada1lnlOn::lt ill tMd tnIIt C C II dIpoII.~IUvcMlJap CoIIII&aaI~otIMI''''wldlJOl'rtJtI!l1.MIIlIIICtbillaaa.ltdailloeD .eeaaftId "'.~~Ule__pInlCMICIme"'llOl: IaRtIISo -...._- t..Iec:a.p Il.,.,.-......dlaa .,...,..... fwIJI_dwpdS1nOO or 10501 U1cpa)'llCDl,WIlik:tIcw:r II per.tel' P\_..-..--A (fl,*,oG'cuty.lwtllDDllaYeto~.pen.aby .. ,.u- 5Dateoee ~ 1M: 1lIOPII'IY~ _1olo CMIUM un.elbo raalDdercllM lOMloa lbc ~ lfftlL Soe_ClOftUaCIcl!x:ualmtIoi..,iddlIioIiaIt8IonUlkln.boul~deIaaIl,_"",rcqllftd~.,..tIdore..1dlcdokd .... 7.49~ s 96237.82 S 161542.63 1_--""" MootIdr.~C)Il 03/20/99 . 02120/14 . My .-,-l.cbedukwlll be: o ute IDWIMCC PJIIq C dcpJIk~1 .""'''''''''"' uc.c.rwqc- Piafw~CIeI'l.IfbIC oflllte . . .00 .00 Fcc Cat reaotdiIla; DIl1ppOf ......""" R<<lOfdalloltlG fWforUllaf)tae:....PFClI' ......""" . 27.50 . . .00 14.00 (.) f,J......,......... 1I.......ortbl"--t........,s QI:.?1" A? S 1MAR. ,q AmouDIP.IO.""'" S 60811.61 ADowllpaldOltIll)'ac:cauzM(~oCp~IWSlI): Do ~ H........ "--'...... I I I . I I I . AAIOllfII~IdI004bcnonlD)lbeIWlS 41.50 IOpoebbe~t~ s 421~.32 IOIaatnlloet.:aalJU)' s 1.oCI'CCSIltlW"eallS lOaRn*t S 10aolMy S 85" 00 10 APBX INFO SDYIClS S to S 14.00 10 TltAJrlSAKBJllca. $ 10 S '''.00 10 JISI.LOM IAIfK s .00 prcpUIa...c.GIwF fcI .Jl - __;... "... '"I "1 hI'" MIle, dlIII1lIOftfI.1,. _ and." ref., 1O....1Iplq: cbaaocc.. 8onw;er Eadt Bonvwcr .~foI'be ~ of" ~ IC'IIfIDd uad&r lb. noce, aDdapta \GaD old>>c. ea. cleM DIM. Tbc-"'" aad,.. rd'CI' 10 lhcaed4orllleocl abolle. Thewonlc.llial&NlaaeaDI waypcrlQlWpropat)'iaMaktlI _pv.I')'OlI'lCCUI1Cyillleftlt la WI oocc.cwwbiclt II ~ ~..,~IOCIIldtytp:aDeM KCWIIIJ I'" note. I ptOaIiIe to ,.,. you J 96237.82 nua UI01JDt .. ca1BJ U1C........ A.lDooAI" I alae p<<IIIIIiac 10,.,.)(* mlaaill 011 Ute 1,II,..1IiaGac:t' of tk Pl1napal AIDoWII M. -.ap!elDlmillhleot .0205205.8.. p!l'day.lMcNlwillbechalJlld_OleDJIIId lWMcc olt.be~Aaoattoc'cadt day (lnthtd.., FdInIaIy 29) I wlI pq lbe PnadFM Amouat .rMllhe ID.teteat...., iMoCdaIpMed by ~ ~ 10 U1c,.,...11dMldWc1bgn above. Oa tk;.. pI)'!DcnI due I MIl ~ ~ pM or tbe PnadpaI ~ MIl IIIJ' 1lItcra1 'ftidII rcIllIUII ~ lwW IDIliIICIOPIlJiBlCralal die Ale*,,", .bcMo.lII'j pan or lbePrmc:.p.lMouDc.km.aak .......UllplW.Iap:w: lllacaIl)'J....Cor..,putolw~~wIlIbearlDtel-..Ute_rIIIClUlMlllltlpMd. (~ II c:U:ted).1iJ If I CIIartIt. or you require me 10 dluce. to P'1)'IDI1ll Melbod #2., t:be ..pit illteral rate oct UUI IlOte WIl daaD&c 10 .022575343 .. ~dIy. (^PpliClbIe V c:tM:cMd) 10 Tbe...aplc llltcnal rate II. d6lc:ounled note bI.acd OD. aepantc ~I wllidlllaa..... calaa:ll!llo wI\h)'QQ. U I dIIc:oalln~ lhal ICpIQlearp'CCJDClllor)'OU ~ II beca..-11lOkxl&a'lDCClI1bc nlqlllfCmQltlolthat.-tllldfcct.oltbedatcolchil8lOle., but I COIIu.wctO make paygH:GllulMlcrPayIDCIltMc:thod#I,....cMlpklalCl'atrlleonI!ulDOlcWIDduIl:lFlo .02120Ci480 '5pc.,. EffOtUW YoIItb lbe IQs ~I u..& " due... ..... JO c&a)'s .nCl' UI)' dIup III 1M aIDIptc 1II1cnl1t t8te, ., .....1DIlDlbIy pI)1DC::Dt will dwIp 10 tile .-odl II-.aly 10 repq by * onpaIlhle dale 01 tH IIuI ~ WI. pMt olcbe Pnodpl,l AcIDOWtI.... J-*u BlINd 0CIlM: dMe at tk rate c:Uap, 1r\Ut.1eRlM II Ibe aew rate, In eIlual ~ IlII11ea. credit diubWly ~ 011 tIda _ lbe "11dy ct-biWy beacIIc 'lriI be IimJYd to tbc umuat 0( &be oriJiuI bendll. ~OD IbcltatlkllCol~ CREDITOR COPY ORIGINAL SECURITY NATIONAL Pqc I 014 1........ dial.... ..,-u. OIl dIDe "-.adlllO noN...... _....1llXC. la tddltJol., K IZI/ P-JIDalI . DOt made Ia run tItU&in 15 d8)'1aner 111. due, I -.iI"'."dlup~'fDJIOorlMiol-~~".-.. 1__.-11I or..a..,.uJfoIJolriII( rc. ad dlaqet U.c.c. FIlq r.. s Fafort::lClal:llnqccniGc:ltcoCtlllc S r-r.l'OCIDnIlqaonppordeedoltnlll. S ---- . FeeIlDr...."........ordaedottnlll(eICWDa&elt'-*OO<:lmUlln1te1) s -..... TIdt~fce " '11dt........~ S -... . F__........1aod IIuMd DtuI olpopcny S :sau..u_cIoIilIs fee S ~~_ S ~~oIDood"bD_ S -... . OoauDadpnpnUollfce S -Z$.OO 'aaiIMDI~' MC:urUY Itl~ iJllbepcvpertydacribcd bekJlII, lKtudla&aJlattM:ftmcallud parUwIatcb are maulkd In or ,UXbed to 1M property. orwtllCh 1:1III)''' ........or.........mdlc futllnl, ADd.u prucll!l8lkolllw poptrt)'aDd~" ucI,.nL J ~~- D UIaI )Mate I Model I SerialN\lIDbcr 27,50 14.00 aM' 14.DO .00 I ModdN__ __ ~drGaIl:lOmak"'-"byUlcIDCGodcbec:tldbdoW' m...,...........11 .uthOnx)'OUIoWe~OUlol An'CltING ACCOOH'l' lOO-008-357horafter ....~ared-.l.mteep.IarJeCIIDGIII ,*--bat1lll~tlO__lbc6lD UlOIDI&Iolt!lc ....,.,.... C,.,....~ ft I WIll mad arclcUwctCldl ~llO)'OOaoll1al yovwUI tcccM: It AD ilia" lua the date 1111 dw U lla.ve mc:.aa P~t MetblxI #1, JO'IIIU)' requue _ 10 cbaqc Pl)'UlCiDl Me&bod n Jf I faUII hI1llIDe 10 have, latp: ClKlUp balance In lhe dcp<lllt ..x:ounI.~ aw..e tl <<1'fet1befuU QIOUDt oil DmMaI rOII.l&Ift4l1DCkrtlut DOIC. ord Ihcdeoolll KlClO\IlIIII doecd ....,...,--...lDMnr.c:c.po.c..olorclamllJclOdleCal!ala'al II. raqwnld. C 0'" ___ GSNBRAL ACOIDIN'!' INSURANCE ...(IU_..) RICHARD SNYD&R flood.-...ce C.. ""fIkediDCllUCICdoD..tllldaalolD. .. .... UDocld ___ orod.cr aa.a.:cc. raI orpenoul propatJ'.. reqalNd III ClOIIMICIkxI wttb tb!Ilaa.l ~obUla tuda illIl&rua: froeo ..,oac1...tbltll~lO)'UL THBADDInONAL TERMS ON PAGES J AND 4 OFTBIS NOTI!AIlEA PART OFTBIS NOTE. ~ wr 111'" - '1"",:,' -.. ....J...., 11""~.---.."'._~'1~.-::~ r~~~ .-...~.- - ~.--.:.~<<~~lt ~ YO""'boIIlglStecllOplIl'IllIOOlhls debL 'l'blDkc:aretulJybeforeyoudo.lClIle bonowcr d....., paylhc lIebl.YOU will have to. Bc sure you call afford Co pay if you hive to, and that youwut toacoept tb.Is respoDSfblhty, You may have to pay up to tbe fuD amount of the debt II the borrower docs not pay. You .may also have to pay late tCC$ or a>Uea.{OD costs, wUcb ia.acase this aDlOllDt. 'Il1e ClccUtor CID ooUctt Chis debt from you willMlul fint U)'inllO c:ollcct from the bo~. Tbc CredJlOr can use the same co1lcctioa methode. apJDsI )"OQ dlat CUI be \lied ....t the borrower. sucll as 1ldD, )Ou. pralabin, JOUI' wages. etc. If this debt is tNef in dcta.1ll. thatlact may bocomc I part of JUUt" aecbt record. TbII noUce is D.ot ue contract thlt mikes you liable for tbc debt. ._ n... ~ ....._...,J:'"..f.t:'T."tL.-. - -.J. .K-..q !\../i;ll;;;mmnr """,Il.t~~;"''''' . BY SIGNING THU NOTl!, I ACKNOWLEDGB TllAT I HAVE JJBCEJVED All ExACT COPY OF PAGES I THROUGH. OF TBIS NOTE AND THB lJlSCLOSUIU!8 ON PAGE I WI'I1I ALL APPUC\JIU BlANKS APPROPlUATELY FILLED IN, PRIOR TO THE CONSUMMATION OF THE TRA/lSA.CTI0N. THB .UllImONAL TERMS ON PAGES 3 AND 4 AIlE PART OF TBIB NOTE. ;jSIf R.TfB'tn~ ,'.dJf2...P~ (Sool) !.LIS A LAMZ , J t/n~a~(Sool) """""" , - (Sal) (SeoI) U appJk:ab1c. thlIlDsWlmcuc 1044 COITClpODd.t to rclatloublp dcmaDd depOlJ1 accounl ] 00-008-3514 NonCE! III ba"'. dIo__,............ ...,.1_1_ _..., cback......... -'I.uhml. to 7"" - _ID f1III of...,. _...... _... __.. _ ...... N.A., P.O. ... 5J5IOI, PltOa........ PA 15253-5001 01' 8aJ ather ........ IW ..... ,.,....... 70D .... me of III tbe f'atare. 011399 10133 hp2ot. '\I IWI.....LC. "'1.1)'" _oI_ l, Is. _W, _1bII DOle If: (I) any _lis _ ........beD 1'1Id1lc; (1) I_any prom/Ie 1Il1b11 DOte; (3) you_ ..y taIooor m..........,._llIlthis...... or lD any..... _ J _ II- you; (4)_ ..........10_ .1I.dI, 01 .....Ie . 11m OD IIIe eonawaJ WIder any lepI procea; (5) IIIe OIIlatcnIis loot, da1toyocI, ........ or ._: (6) 1 die; (7) I make aoy IlSIipmCD'l'or the _. of credllO": (8) 1 _ __~ (9) any peddoa lClalillc 10 my debts Is filed Ulld.r 'DY f_ or .late baotrupt<y law; (10) J _lilt UIllIer Ill. te". otany -. _&0> or_ oflnlSl OD Ill. ptopertywll.= ... CollawaJ is .....1; (11) anyoae ......p.. 10 prmsb or '"oc11 aoy deposll or o1her property beIoaslDi 10 m. wbIdt II .. your _1011; (IZ) any IDs....... poUcy _g lll1I DOl. 1Da'_ for any....... (13) any _1_ widell, UDder Ille tenDS of any monpgo or _ of .roal secunoa this DOle, /IIWlS youllle rigbllO fo.....,.. OD IbCl property _.this DOte; any peJSOl\ W\Io .Ips . ..parole sec:unty .........1110 _1bII .... bralts aoy plOlllioo lD IbClsoculty ._~ any penoIl wbo sip. monp&O> deed 01111II1, or separaleseourity _"0 _1bII DOte dies, _ _IwlD~ or_ any ...1_. ~ "'" _I. of creditors; ..,. petitloD JOIa1lll.1O .udl . penoD" deb.. II lUeclllllder any _ or .lal. _pt<y law; or you d""","r any_ O1_Ing.Ia........ In..ch. monP&O>_ of lrutl, or seauity .........,L y_......In lIoa_oI_ If any of _....... ot_lIIt O<CIUI, or If I >OIUDtariIy gM you poooeoslOD ofllle Colla...... yo. bow the riPL If you c:l>oose lu 40 10, 10 doclare aU amounts whldl I owe uade.r Ibis Dote imIDodlatel)' du.e, IUbjc:a: to my rcqulremcats for DOIicc and I ript to COlC the defau1llmposed by law. You IDaY, wtlllou'judldal process. rate poaetSIOD of the Collaleral and aaydllD. "'aralucd 10 II or ..toched 10 iL Y.. COD .ater..y pmal. property lD order 10 do IIIls,soloa.as you do DOt COJIlml.. breach ofllle peace. If you 1.11 m. '0 do so,l wID ddlver Ille COIla....fro any place you _ _is reasonably co...DICD.ro _ of Ill. I mllll ..... YOU' DO",," by _ maU willllu 48 hoUllIller you rate rbe ColIsI"" lD.......1O gel bid< any property_ 10 the Coli...... or "lOdledlo 1'_1 do DO' believe Is _ by your -ty lD.......1f I do DOl do IIIls, I wID _ rberlgbl to claim sud! propcrt)' You COD abo .ue me .. court '0 gel the Collaleral if you _ '0 do 10. If you employ an _mO)' who II DOl your _ employee 10 c;lOUoca ID)' UlOWII _bleb I owe UDder this BOte or to protect JOUr riPu UDder this DOte in aD)' way, 1 wW pay _1>10 'llOI'1ley'I_ permlllcd by law, and "".. of Illy lepl procecdiDP. J IIcreby waive rbe beDeIIl of all Jadlla. _..... .ud .ppralsemou. ...... ill)' Duda ~l1soColla-.b If J am oblOllIIlI.1bII loaD ill order 10 purchase 'DY of Ibo Colla...... J will p........11 p_pdy OlIct -.\be loaD proceeds Il1Im you Aayoae who bas or will bow an ......."'p ID.....liD the Collateral is lipiDg otlber lllfs DOlO or . separalO _ty ............ No ODO.1se OXcopl you.... or wUl _. security ill.....1 illll. Colla..... or Illy JepI rlgb.. III IL I WIIIlolIl"u plOmpUy iD wrIdo. ~ I cbaago my a4d..... U..... you keep \be Collateral, I will teep II ., Ill. _10 my .... appUcatloa or I will .... you iD wrIdq _ I om keepiDJ iL J will DOt _'Iy ....... 'be CoIlatotaJ from tba. _ _ you gjve me wrll... permisslou 10 do 10. I Will nol allow the: COUateral to be auacbed to real property or to aoy odlet aoodI wlUlout)'Ow wnl1ea pennisIJoo. (wiD IlQt aIknv \be COIla....11O lose I.. fdeDUty 0110 be used (or.ay I1IepI putj>OSO. If th~ law of 8Il)' state requires or permits. oertlficate 01 dUe 10 be tud wwrin. an)' ot the Collateral. I will make c:enaiIl tblt your security .......1 is DOled 011 \be certifica.o of title. I wtIlsce lba.\be CCttiliatte 0( dllc is _ 10 you willllu 10 days of tbe date attIUs Dote. I will keep tbe CoUalcnl in good CODdltion and repair. except for rcasooable wear IDd tear, aad wW pay an lUJ::$ aud other eIlarl" ..Inch _ be _ 00 IL If 1l'alJ '0 do so, you lillY, 11 you choose, rate ..-Ie steps 10 prole<t \be Collateral aad pay ad WCI. otbcr c:barJto1. or COItI ot repair IDd mailttoaaDOc for me. U you do Ibis, ~u IDI:y require me 10 rclmbune you, Immediately or at III)' later time. for an)' .udllUC'iS. charJOS. ot CCliS(s wliJd1 you bave paid. A& lbe time)'Ou pay aD amounts or II .ay later time, you may add ... uopald bo1aoco of .ucllamouats 10 IllOUDpaId bo1aoco 0( lllo PriadpaI Mouat ollllfs DOle. You may require me co JlIIY lDleraI on the uapaJd balance oIlUCb amOWltf II Ihe tlte sJaowD OD "... ] of tJus DOle 01'1 aD)' JoMr rate You may. .ryou cboose., incrC81C the amount of my molllhly paymeIlt Qui I bave fuUy rdmbuncd you for such amDUOCl. I wzU &lVC you wnUCQ proof of payment 01 aD)' auctJ rams or dw'p and rlIe ensu at uy lCpaLrs. H)'OII requcst It You have the "Ih' 10 IaSpecllho Collaleral .1 any ........bJ. lime If rbe Collal.ralls los~ damaged, or clesltOJ'Od, I wID .un payeverythlDll owe uQCIer thtS DOte. 1mun.DCe; U you reqUire me CO, I wU1 msVlC the Collateral apmst_ or damage. U)'OtI RiClulrc: me to buy Dood iDsannoc, I will buy tbe IIlDOllDl of WW'altl;:O l;:OVCfIJC wbJcIt )'Ou require Any fDsunacc policy will provide: for paymcat of the iDluraace proceeds to you 10 Ille ....Dl ......." to pay IIle llDOUDts _ 1_ Ulldor this DOle. I wtIl gjveyou any ills_ policy or. _10'0 '-\ball _ lL If I do DOl buy and _talD lb. requltcd lIlsunacc, 0111 J do DOl pay the p__. you _.If"",-.. do these tbiDp for me. U you do this Ud 1 do not reLm.bUJ'IC you tor the pleIDiWDI withbL a .pec:ifiod time. you may a4d. the unpaid balance of tbe premiums to the UDpaad balanoe or the PrlDdpal AmOUt of Illis DOte. In thJI cue,lmerest will be cbarJed OD t.bC unpaid balaDcc of these premhuns.., the ute shown on pap 1 ot lh1s DOte, beJimWaJ OD the date)'Og paid the premiums. I direct aU U!SUraDte companies providina flood lDsuraDOe, other WUl'I.D.ce OQ real or perIOnaI propeny, or adt 1OSUraoc:e in COanectJon wjth tbJs Joan 10 pay you &Iy money owed 10 me (tndudiD, BY premilllDS whkh are retUJ1lCd for any 1eISOD). You may use any &ucb. moDe)' to pay amounl whICh I owe uDder tbia DOte. I appoint you as Ill)' .llOmey aD t.ct 10 eodom my name to any draft or c:bcck for 5uch purpose. URIGINAl SECURITY NATIONAL CREDITOR COPY P'ae3ot4 M' .. c..: 1bio .... 10 lO<IU'Ollualadlcatod ID !be Fecrem TrulIlIll !..oIIdlnt Discl05Ures o. po,. I oIlhis no... All !be PlOYisiOllS of .'Y molt&lao. deed o(....~ or 0Illet oepan.. secwil)' asr_t wIIici 1_ si&ned 10 secure 'hlo DOl..... I pon of IhlS llO'e. . I Will.... aaycloeumen.. JOu COIIIIder to be ~....I Will POY all fees I.d ..... _ mUl' be pald'o public OIliClaI. a.d wllich .... dlicIDoed ~ Ibe FecIeraJ Ttallllll L.eodfD'1lIodoaaRs OD ...... I of thIS no.e, 10 pert... any secwil)' tnl'resl whIch I - BMa JOU .... to record .... salilly any - ""'* I ..... pvt. )IOu. I appolDl )IOu as my attorney I. ilia 10 do l>1la..... JOu coosider 10 be neoeaauy to .oqwre aod JDamIal. 'h. hen of !be DIOn........ '0 perf... ..d maintal. perfoct'o. ._~ If It ~ time you ro ClUeDd the data DD ~ts are due under lhiI DOte. ~u may cl&ar&e me a tee for such ClUeDIkJD DOC Sso.OO lor CIdl moaUa or month of Ute cxtenJ$OQ (.~ to any UmJtauom lDIposcd by law), YoulUy abo .... m. to ]>11 ID_I tor . _100 period " IIle be otlll. "'_D period, ,ubJeCt '0 a.y llmilltlo.. iDljlOled by . you..... no ollu,alloD to a_ to 11II)' ......100; "h/... '0 Iny llautallOUllmjlOled by Ilw, .he tenDI Oflhis pIrapI,>IIcan be dIIqed It",u ....Ilaler a_ to diIl.reol terms. U "' Illy limo JOU_hIy bello>e ilia, III. >aI.. of lIIe coUaletal.... become U1S_, to 1OCUr. III. amo.... which I OW<: ODd Illy _II wllitla I may OW<: /u IIIe ful... WIder IIIJS noce, '....u IM>)IOu adcbdoaal coUaIeraJ. If aoy money - .... UDder IIIJS '0'. Is no. paid wllea i. Is due, )IOu Ila>e lIIe "p. to _ ilia, amoU'1 from ..y deP<>>1I which 1_ wllII)IO" - or I. 'he M...., oilier 'han deposl.. /u lndMduaJ RetJrem"l AAx:ou... or Kcop (H.R. 10) 1'1a... or dcposlcs ia wbJcA the law problblts you trom baVJnl a SCCUncy IIHelen You Will 00ll..... to - 11II)' ICCUnI)' ID_.. - )10' Ila>e _D ID CODDecr.lon WIlli "lJ.,'""01lS DO'. wllich Is beiD, retInaoaxl b!r1llJS DOte. U)IOD - Illy - OD my property as I resull of ..I...... Jud....., III. ...... of a.y prOVlO1lS .... - · beiIII. 't/Ioa4cood by IIIlo 1IOIe, JOU may relaID IIIase he.. 10 ....re III. amoVD.. __ f do '01 liave ",y deIeose to 1lleealbR:em.., ola.y .uOll Jud.....L Reprdlaa of IIIe ...... 0111II)' 0lIIer doevmeo~ tIl/s IlOte Will DOl be secured by 11II)' dqIoott olller lItan .- w"'ch lllave WI.h JOU ~ or -. nor by Illy oilier pro~"n1'" a SOCUnI)' ..teresl .. ,""" cIcposf' or oilier Pl1>peny .... been gn<en to JOUlIlIIlo DOle .. ID. cloc:umeo. refcrruic to IIIJS no.. or ..oilier......... Of _L FlirOOt. IIIJS no.. MD '01 be -- by lIII)'!perty .- I..... I)' iDleres' ID Illdt raJ fll!'petty .... benD gn<en to)lOU ,. 0 docu....., retem., .~ to IIIIe or I p...,... note wIllc:lllS beiDa refina.ced ....11I" 'o,e, or )IOu _ a lien o. .""" real properly as a rcswr otcnterfD&Jud I UDcfcr the tcr'mI ot. Previous DOte wbJCIII.s belDg relinanOCd by tIus DOte. ' autho_ JOU to that pan of III. PrlDdpal Amou., 'hown on the It......'ron of the AmoUD' Finanoed 00 ,..,. 1 01 'hla 'Ole as "AoiOUD'...... to me dtrectly.' Ind..y money -)10. may.... me for 11II)' reason iD COllDectfo. wI'h thIS Ioao, lOony or 10 all Of ,lie petlDu lipID, '1uI DOte IS "BOrn,...". My "dollCDlent of I <:hedc for any part Oflllls lmo... wiD evfdenee my OODleD.t to payment 0 'tha:( part of Ule PIiDQpa.l Amount to an)' other payee named on the check. 1( OD U)' puUc:aIat OCQsion or for a pclfod of ume. you do DOt !! me a life or amount w.bicJIl am obbpted to ply under IIIIs .ote, or...... me 0'- ..10 OI.......~ or do 001_. rl 'or remedy _ JO. _ _1IIIs .ote, or "force I nJIt. or ~" ....... ...... IIIao pennJtred by tIl/s _ JO. .rlU Ila>e lIIe nJIt. to -.. IIIe taU .... or amooo, or eIifon:e lllal · or remedy to III folia. _I at Illy sobseoineol time. U I _ I pantaJ pIymeo, &lid JO. """'pt n. eveo thoup It Ie las folJ pa-~ I WiII.rlU _!be..., Ofllle mo.ey 1 'hould haVe paidi h_. _11I0 'Obee 00 pase 2 ~ S1ICII !lOYII\eo.. wlleo 1- 0 disp... willl)lO. '"8InlmB my Ioao In ldelillo. to IIIe riplS ODd remed.es ptOYfded .. IIIIs_JO.wU1u..lUrlJIt......_ _ byfri. . 'may pay all or 11II)' pa.rt of IIIe Principal AmoU'1 belor. n is due, MllloUI any penally. The VDpo/d - ::f IIIe Pnnapal AmoODI for Illy clay Is cIetermioed by ta.tln, tho be&lDDha balaoce for ilia, day. Iddl" Illy amollD' - you ao4 10 IIIn PiinQpaI Amo.., tIt.a. day UDder lIIe temJS Dr IIIlo DOle, o..r _iD. ilia, ponto. 0 a.y l"JOIeol wllfcb Is appJed ilia, clay.o ihe Principal AmoooL P_IS Will be IPphed Ills, 10 iD...... .... any o'l1Cr char,.. due:, - to lIIe Principal AmoUDL hym.... recelvOd OD Sa.1Wa)I; SlIDdal'. or hoh...,. Will be _led as It mado on 11I0 fOllowms bus""", day U I_.~ I req..... for csedi, fDso_ 11I0 PnMIlo.. of ilia, Iorm ..d the Group Credit We iDsoranee Ccnulcal. are a pan ot IhD note. H l'ls de_ for ..y rcaso. ilia, I I"'n 01 'Ills OOle IS /uvalid or ....forceable, .... will .ot alroct Illy olher pan 0' Ihl. DOte. 'l1liIaote will tb= be read as if the m....Ud or UDeIlfon:eable pan were DOl there. You ca. - )10'" nlh.. """ ptiYtle... UDder thJs nolelo anyone)lOu __ My duties uDder Uus DOlO will be perfOrmed by my heIn and petlDuf repr......llvet: 1 MD no, _11II)' rlJ/J.. winCh I Ilave UDder IIIJS note to anyo.e. , -.....od thar ~.... to )IOu uadei tIl/s '0" Will '0' be atrcaed by..y dM,ree prOCCedfo, nor by any onler of COun 1S5"" I' 'uch a Federal law opplles '$ CClbllo - of IIIJS l'rondssory NOIe, lDCludlo, but no. IUllJted '0 tho fInaocc char,e. The laws of P2Jnt.Ayr.VAHU WlIIapply to aU other ISpc:ctI or thb Nole. ~-_...... "~-"'-_la "'-1Itat._,........_..p_.... _ __.........../ lf1llO -"IIIa, 1IIe................ _1Iboat,.... _'Ia I rl.., ~ 0I'0UIdatad,,.,. may,,"la .. at ilia ~..w.- In ...... fD DOl/l)> III Of. .......... -.....q _ _1IfoIJoe BaU. N.A., P.O. Box 14'. -.... PA 1J23O; OIG,AlTN: n.~ 1IW. IcbOWledr lila, 'hae are pa... 3 and 4 of lIIe PromUsory NOle (Socu""') wbJcI: lIWella>e .fped Oll pa,. 2. ~SSU ~. ()N 2 _ PIIYLLI. A ~. (J;J/P2 I - ~~ (lJuhlll) (Inulolt.) 011399 10,33 Pasc4 of 4 ^". ~~-"_._--~-_., ~.- - --------.... GOLDBECK McCAFFERTY & McKEEVER BY: LISA A. D' ANGELI, ESQUIRE Attorney I.D. #78020 Suite 5000 - Mellon Independence Center 701 S. Market Street Philadelphia, P A 19106 215-627-1322 ATTORNEY FOR PLAINTIFF IP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. No. 2003-03048 PHYLISS ANN LANTZ and JESSE HARPER LANTZ III Mortgagors and Record Owners 515 Poplar Church Road Camp Hill, PA 17011 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Lisa A. D' Angeli, Esquire, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011 Date: \U\\\~ LISA A. D ~ ELI, ESQUIRE VERIFICATION LISA A. D'ANGELI, ESQUIRE hereby states that she is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiffs Motion for Summary Judgment are true and correct to the best of her knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. \QrQ CJ r ~ C:;:.l '-'"' C I. , c o ~'T1 ..... fli F~ -r.!;:!1 ~-I '-,..J ~~ ~~? ;:-~; PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) -:tP ~a-ox..a,.,..~ Q.$"-~c. .~*'~ .5e.c.ut';"-yNoJiOlloJ fYlo ~ ~C):5.+ Loo'l.- ~ 3.1.3 .s+re.c::r Po60)( 3~ cvrcKQ, CA q!)S"Oz... (Plaintiff) vs. Ph", ; O~ An" J.D.nIz .Jesse. rIa.r~ J..,cutfz.. III SI'S PopltAJ" ChvrcJt R.~ Qutlp 14;11, P~/'7011 (Defendant) No. ..J.o.'-J Y Civil OItD03 1. State matter to be argued (i.e.. plaintiff's rrntion for new trial. defendant's ~+i ~~ni;i; on ~ SU(YImOJ'Y -::r;;J~e.t\-+ 2. Identify counsel who will argue case: (a) for plaintiff: J..J'~ A. h'-A"5c,h. 6\. IY\_. .. l\ddress: 1/, .s. ::J:i1d~ tnd~t:' ,.IO.J' 1:.. Ph ; 10. . I Pq. Ie, J'I q (b) for defendant: C("~J g, A. l'> I en' :: J ' Address: ,,~_.,...,- -Jri (l dIe. ~o \..D-II'\ p J../ H " Pc>- J ; () 1/ :psoo 3. I will notify all parties in writing within two days that this case has been listed for argt.JTeI1t. 4. Argunent Court Date: ~bruo.f\f 4, ~OOL/ Dated: Q ~-:; .e,~ ....., c, e:) ....., W r"", ("':0 C." o --;"i .~ ::['~.. lnc.: .,,'~t~ ~)(L, ;-, -,.., .-'~ In the Court of Common Pleas of Cumberland County JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO BOJj: 35 Eureka, CA 95502 Plaintiff vs. PHYLISS ANN LANTZ JESSE HARPER LANTZ III (Mortgagor(s) and Record Owner(s)) 515 Poplar Church Road Camp Hill, PA 17011 No. 2003-03048 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against PHYLISS ANN LANTZ and JESSE HARPER LANTZ III in accordance with the Consent Judgment dated 2/4/04. Assess damages as follows: $122,445.40 Debt Interest - 07/15/2002 to 02/09/2004 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, ifany, after the default occurred d t lea n days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 Joseph A. G Attorney fer J.D. #1613 AND NOW Q L U ( ;(00 f ntisenteredinfavorofJP MORGAN CHASE BANK" AS TRUSTEE OF HE SECURITY NATIONAL MOR A L: AN TRUST 2002-2 and against PHYLISS ANN LANTZ and JESSE RPER LANTZ III in accordance with the Consent Judgment dated 2/4/04. and damages assessed in the sum of $ 122,445.40 as per the above certific~W 12. ftJ'V-.. ProthonotaIy J J1w y"'(-:- n ~ =< "-, = C:~) ~ ~. r;-: C.J ",":;--..;"'," , "r~ -or,--: ~:rJ l:J -':1 . , ~J ~~.~' (-:2;:::"-::, 7~c~;- Ii 1",,) U) ?~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 500 - The Bourse Bldg. 111 S. independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION LAW vs. PHYLISS ANN LANTZ JESSE HARPER LANTZ III (Mortgagor(s) and Record owner(s)) 515 Poplar Church Road Camp Hil1, PA 17011 ACTION OF MORTGAGE FORECLOSURE No. 2003-03048 Defendant( s) ORDER FOR JUDGMENT Please enter Judgment in favor of JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, and against PHYLISS ANN LANTZ and JESSE HARPER LANTZ III in accordance with the Consent Judgment dated 2/4/04, in the sum of $ 122,445.40. Joseph A. G I j i~ Jr. Attorney for 10"" I hereby certify that the above names are correct and that the pr ci~e res ence address of the judgment creditor is JP MORGAN CHASE BANK AS TRUSTEE OF THE SEC ~TY N TIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 andlat the name(s) and last known address(es) of the Defendant(s) is/are PHYLISS ANN LANTZ, c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 and JESSE HARPER LANTZ III, c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, P A 17011-4436; G ...., n ~-.:) c.".", -'-,I , -\1 "-I -r r'-j c::; ,',J ~..l f'.) -~. ...:' GOLDBECK McCAFFERTY & McKEEVER BY: Lisa A. D' Angeli, Esquire Attorney I.D.#78020 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attornev for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. Term No. 2003-03048 PHYLISS ANN LANTZ JESSE HARPER LANTZ III Mortgagor(s) and Record Owner(s) 515 Poplar Church Road Camp Hill, P A 17011 Defendant( s) CONSENT JUDGMENT AND NOW, it is hereby stipulated and agreed by and between the undersigned as follows: 1. Judgment in Mortgage Foreclosure is granted in favor of Plaintiff and against Defendants, damages to be assessed in accordance with the demand in the Complaint. Plaintiff reserves the right to petition the Court to reassess its damages prior to any Sheriff's sale; 2. Defendants retain the right to reinstate and/or payoff the mortgage in question at anytime prior to a Sheriff's Sale, if any, in accordance with the mortgage documents; 3. Plaintiff and Defendants agree that any sums advanced by Plaintiff after the entry of this judgment in mortgage foreclosure shall become a part of the judgment lien. 2 4. This Consent Judgment represents the whole agreement of the parties who, intending to be legally bound, have executed it by and through the undersigned duly authorized counsel. Date: '2 \,,{ \ Ol\ Date: 4~ lo~ Lisa A. D' An Ii, Esquire Attorney for Plaintiff C~9hl,~r{ Attorney for Defendants, Phyliss Ann Lantz and Jesse Harper Lantz III 2 ('1 ....... 0 C::;:l ':.; ~':J Ij ~- ..~, ,. -" ::;1 - r" r.l r~; cv r:';=: .'l-/ G1 'U (? r- '--::; 0 ~T " -, -,.., , ('} n "..> .' " ..-:. ) --_l r..., -< "" -,.,; THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: July 22, 2003 TO: PHYLISS ANN LANTZ 515 Poplar Church Road Camp Hill,PA 17011 JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 In the Court of Common Pleas of Cumberland County Plaintiff CIVIL ACTION - LAW vs. PHYLISS ANN LANTZ JESSE HARPER LANTZ III (Mortgagor(s) and Record Owner( s)) 515 Poplar Church Road Camp Hill, PA 17011 Action of Mortgage Foreclosure Term No. 2003-03048 Defendant(s) TO: PHYLISS ANN LANTZ 515 Poplar Church Road Camp Hill, PA 17011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITfEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LEGAL SERVICES INe 8 Irvine Row Carlisle,PA 1701:3 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Libaty Avenue Carlis]e,PA17013 2k~~ Attorney for Plaintiff Suite 500 M The Bourse Bldg. III S. Independence Mall East Philadelphia,PA 19106 215-627-1322 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM.YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NonCE: July 22, 2003 TO: JESSE HARPER LANTZ ill 515 Poplar Church Road CampHill,PA 17011 JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 In the Court of Common Pleas of Cumberland County Plaintiff CIVIL ACTION - LAW Ys. PHYLISS ANN LANTZ JESSE HARPER LANTZ III (Mortgagor( s) and Record Owner( s)) 515 Poplar Church Road Camp Hill, PA 17011 Action of Mortgage Foreclosure Term No. 2003-03048 Defendant(s} TO: JESSE HARPER LANTZ III 515 Poplar Church Road Camp Hill, PA 17011 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 (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LEGAL SERVICES me 8 Irvine Row Carlisle,PA17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 LibettyAvenue Carlisle,PA 17013 .&~- Attorney for Plaintiff Suite 500 . The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, PHYLISS ANN LANTZ, is about unknown years of age, that Defendant's last known residence is 515 Poplar Church Road, Camp Hill, PA 17011, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, JESSE HARPER LANTZ III, is about unknown years of age, that Defendant's last known residence is 515 Poplar Church Road, Camp Hill, PA 17011, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 Plaintiff No. 2003-03048 vs. PHYLISS ANN LANTZ JESSE HARPER LANTZ III (Mortgagors and Reeord Owner{s)) 515 Poplar Church Road Camp Hill, PA 17011 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. :1~ fJ. j1Wv~ ,) Deputy 0 If you have any questions concerning the above, please contact: Joseph A. Goldbeck, JT. Goldbeck McCafferty & McKeever Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ~"----.J \'" r" f: r~ (, ~. """>- ~ /'-.J ~ ~_. --... --... -" ...c '-L-- ---.l u-: + 1\' c;/\ 0 )-> ---' ~--.! ('-~J ~. ~. u; , --..0."". ,"'- ~ ~ ~ r;' ~ (' >u c... ...z. --. c.....;--. ;'l , ~ ~ (j r- "', .:-~? C'::> oL- -", "")-, C.J f" \L> (_J 'T1 -I '"1:-.-, ;-;'f':: -<}I'CI ~t!C) ~-~~) .-. , '-.-> \"q PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff JP-MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 Plaintiff vs. PHYLISS ANN LANTZ JESSE HARPER LANTZ III Mortgagor(s) and Record Owner(s) 515 Poplar Church Road CampHill,PA 17011 Defendant( s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 2003-03048 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 07/15/2002 to 02/0912004 at 8.2400% (Costs to be added) $122,445.40 / (') C~~ "'.'- ,_u ~:':: _< w "'" t:;:.:ct r-", ..:- ~', fT! ~" () -n ~ nl~'" .- '-C'JF' :r)C:' ~::!~:. -1,:',; iT' WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 , JP MORGAN CHASE BANK AS TRUSTEE OF TH:>l SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 In the Court of Common Pleas of Cumberland County vs. No. 2003-03048 PHYLISS ANN LANTZ JESSE HARPER LANTZ III 515 Poplar Church Road Camp Hill, PA 17011 WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Commonwealth of Pennsylvania: County of Cumberland To the Sheriff of Cumberland County,_Pennsylvania To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 515 Poplar Church Road Camp Hill, PA 17011 See Exhibit "A" attached AMOUNT DUE $122,445.40 Interest From 07/15/2002 Through 02/09/2004 (Costs to be added) Dated: Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy c-' c.~" c:::> .r- -n rq 0:: :) (,.) -~ r> ----! f~l~~ -ri I" -;'10 (,-',;- _~l.::.;:l -on ':( ~E-< :I:'" E-<[;J Z '" ""E-< -< Oz 0 i<1 ~ .... s: ~..: ~ E-< .. ~O ~ ~ '" ~ ~ - .,,_M U~ Z "'~ ~ " t~~ ~~ !ilN~-g_ ~ ~ 0 ~" ~..... ~-~'" ~~ ~~O~O i<1 ;l CJ~=o - ~" ,,- ",c3 z..:'E-=.... r..'s "i~ ~::E'" ~o ":E-< <....:IOu- o II oll!;l _N a:AU ~":N ~!il~~~ E-< .. .gs: .eo 08 < ~ ON .; ~~ - M "'~B~"7 "or.. ..:::Eg ~ ~ ~] t;l!'J r3E ~ <I) "'0 C':l"r--.. E-<oo ~ "Flil;E(Cj ~E-< ~~N .", BJ~ ~ -:I: .. ..: " U I fr.fhA O(:Jl tI) 'Uj's::l. (:Jl" -= e Z~ '" 'l:;'o~ ot: ~g]~~ ~g -~o.o.. 8.g 0 g ~ ~~ u r..~ ~..: ..:o.=lJ') ~ U uE-< ~~ ~ r,JoU'5..s::l z~ g; OJ) '" ~.t:: .0.. fi:l "" 1:: .0"- ~ U ."",- ~~ - - E-< ~ .. i:5 " ~8 "" e:~ '" ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND AND PREMISES SITUATE, LYING AND BEING IN THE BOROUGH OF WORMLEYSBURG IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF POPLAR CHURCH, SAID POINT BEING LOCATED 280 FEET MEASURED EASTWARDLY ALONG SAID LINE FROM THE EASTERLY LINE OF FOX CROFT DRIVE PROJECTED, AND AT THE EASTERLY LINE OF LANDS NOW OR FORMERLY OF PAUL R. GUTSHALL; THENCE ALONG SAID GUTSHALL LANDS NORTH 36 DEGREES 30 MINUTES EAST, 142.08 FEET TO A POINT; THENCE NORTH 53 DEGREES 30 MINUTES EAST ALONG THE SOUTHERLY LINE OF LOTS NOS. 10 AND 9 ON THE HEREINAFTER MENTIONED PLAN, 100 FEET TO A POINT; THENCE SOUTH 36 DEGREES 30 MINUTES WEST ALONG THE WESTERLY LINE OF LOT NO.7 ON SAID PLAN, PROPERTY NOW OR LATE OF NIEDENTHAL, 142.08 FEET TO A POINT ON THE NORTHERLY LINE OF POPLAR CHURCH ROAD; THENCE BY THE LATTER LINE SOUTH 53 DEGREES 30 MINUTES WEST 100 FEET TO THE PLACE OF BEGINNING. BEING LOT NO.6 AND THE EAST 30 FEET OF LOT NO.5 ON THE PLAN OF SECTION "A" RIVERVIEW, SAID PLAN BEING RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 10 PAGE 12. \' r ~-~ , ~~ c'~ "-'J r- u-J ~ .0'-> u. , ~ ----:;c. Cf' c f - ~\j L> ~ '~ " , --.. ~ c- c.:;/1 <.J" ~ <...J : 4::' e:J ...>( ,-". 0" 2-" / t' u' U- :..;J \ c-I ? I' 'V) ..., c;.:> c_~ ...- -~~ ~--.-: CJ CJ ~n fF~~~ n C) C) );-": .,., 0~ WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3048 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 Plaintiff (s) From PHYLISS ANN LANTZ AND JESSE HARPER LANTZ, III, clo CRAIG A, DIEHL, ESQ., 3464 TRINDLE ROAD, CAMP HILL PA 17011-4436. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 515 POPLAR CHURCH ROAD, CAMP HILL PA 17011 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $122,445.40 Interest 7/15/02 TO 2/9104 @ 8.2400% Arty's Corum % Atty Paid $136.35 Plaintiff Paid L.L. $.50 Due Prothy 1.00 Other Costs Date: FEBRUARY 11, 2004 CURTIS R. LONG (Seal) proth,os,otary .1h~' , By: '''" {v-,.L. f ~/" De uty '--. REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQillRE Address: SUITE 500 - THE HOURSE BLDG. 111 S. IDEPENDENCE MALL EAST PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 500 - The Bourse Bldg. IllS. Inde)1eIldence Mall East Phila<ielphia, P A 19106 215-627-1322 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. PHYLISS ANN LANTZ JESSE HARPER LANTZ III (Mortgagor(s) and Record Owner(s)) 515 Poplar Church Road Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE No. 2003-03048 Defendant( s) AFFIDAVIT PURSUANT TO RULE 3129 JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 515 Poplar Church Road CampHill,PA 17011 l.Name and address ofOwner(s) or Reputed Owner(s): PHYLISS ANN LANTZ c/o Craig A. Diehl, Esquire 3464 Trind1e Road Camp Hill, PA 17011-4436 JESSE HARPER LANTZ III c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 2. Name and address ofDefendant(s) in the judgment: PHYLISS ANN LANTZ c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill,PA 17011-4436 JESSE HARPER LANTZ III c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: , DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUP ANTS 515 Poplar Church Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: February 9, 2004 Jospeh A. Goldbeck, Jr. Attomey LD. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF TIlE SECURlTY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN TIlE COURT OF COMMON PLEAS Plaintiff of Cumberland County vs. CIVIL ACTION - LAW PHYLISS ANN LANTZ JESSE HARPER LANTZ III Mortgagor(s) and Record Owner(s) 515 Poplar Church Road Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE Defendant(s) NO. 2003-03048 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. o ~ ~ (--) --, ....0 <OJ ~ C -n "'T1 r'-j c:::; ..... ;" -1:'; 2003-03048 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite '5000- Mellon Independence Center . 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN IN THE COURT OF COMMON PLEAS TRUST 2002-2 323 5th Street of Cumberland County PO Box 35 Eureka, CA 95502 CIVIL ACTION - LAW Plaintiff VS. ACTION OF MORTGAGE FORECLOSURE PHYLISS ANN LANTZ JESSE HARPER LANTZ III Mortgagor(s) and Record Owner(s) Term No. 2003-03048 515 Poplar Church Road Camp Hill, PA 17011 Defendant( s) TIDS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TIDS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LANTZ, PHYLISS ANN PHYLlSS ANN LANTZ c/o Craig A. Diehl, Esquire 3464 Trindle Road CampHill,PA 17011-4436 Your house at 515 Poplar Church Road, Camp Hill, P A 17011 is scheduled to be sold at Sheriffs Sale on Wednesday. June 09, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $ 122,445.40 obtained by JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NA TrONAL MORTGAGE LOAN TRUST 2002-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIDS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 2003-03048 I. The sale will be cancelled if you pay to JP MORGAN CHASE BANK AS TRUSTEE OF TIlE SECl}RITY NATIONAL MORTGAGE LOAN TRUST 2002-2, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. 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 below 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 NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 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 fmd out if this has happened, you may call the Sheriff of717-240-6390. 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 a 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 schedule of distribution of the mouey bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that mouey. 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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 TIlE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 n ~H -, ....., C-~ ::~ o -n ""'1 r., C;:J -r:; 0,) JP Morgan Chase Bank VS Phyliss Ann Lantz and Jesse Harper Lantz, III In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3048 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Journal Patriot News Share of Bills Law Library Prothonotary 30.00 12.82 15.00 15.00 20.70 15.00 30.00 232.85 251.74 29.26 .50 1.00 $ 653.87 paid by attorney 06/1 8/04 Sworn and subscribed to before me So Answers: This )'{.,JdaYOf~ .'~~ ~~-c~ (l R. Thomas Kline, Sheriff 2004, A.D. ~ Q 'hu~ ~ ~ '-J.II BY ; lJh Prothonotary Real E e Deputy \.~ tJU Ru-. 4 ~ I?\- /0'< 3{,5 Real Estate Sale #46 On March 04, 2004 the sherifflevied upon the defendant's interest in the real property situated in W ormleysburg Borough, Cumberland County, P A Known and numbered as 515 Poplar Church Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 04, 2004 BY:'-!O~~ Real Estate Deputy ef, CViJ c::;r:;] E:::::::J ~ IF\ii) ,i.1 I ", Ii:, '(:J \; I, ':', ,,; L.\ 1111 ),J.h. . j :!\\'l~: L\ ..'",1 \.-, ;j.iV r- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly SWOrn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and..I!1ll. Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely allached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject mailer of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said ComPilny and subsequently duly recorded in the office for the Recording of Deeds in and for said County?f auphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy s ALE #46 ;~L8th day Of~ NOT Y PUBLIC My commission expires June 6, 2006 'ReAL 1l8t.~Tl sALe. No," ."'..... "'If JP~~" -~J . '. """ ~.. III .ar.~ . . ~ ~~l~~~~~:: ~.'......".'.'.~..".~' ,ft ~ CQ!IIIy of <~-- ""~~<<~~ ~~~;- Publisher's Rece~::alfor Advertising Cost $ 251.74 lcel~~t1:.'?~~~ ::0., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ""'1:~~~_<t""""""'1'IIll dge receipt of the aforesaid notice and publication costs and certifies that the same have 1lIl~._loliiIf'uIlI (ldIII. R , lO_.....tWllfeo\lIl. ....36...... ....10 _ ... poiIiI: :-....:::. <i/toli-IO"'''' :t:::: \liooIIOII!II N. tOO "" III · "'_l6~lO'- .... =::...lIIoolUlt...l....P\aIl, fO>I"llY_<t.oI~tWJI= ''-'' lbt,..IiIIMI,.. __llrl!lO___Sl...... )II _!_ tGII foil III ..p1ooo of -=~~~W-=~ No. s~ tIIo ~ In .."'~... c.om<y == OIl<< in Plan BOok IOPoe!I1 N01ARIAL SEAl 1e L Russell, Notary Public Oty ~ Harrisburg, Dauphin C~;J&, . My commission Explres.Jone, . Member I pennlylvlnlaAaloclaUonot Not.ullS CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication allached hereto on the above stated dales By.................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: APRIL 16,23,30,2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 46 Wrtt No. 2003-3048 Civil JP Morgan Chase Bank, as Trustee of the Security National Mortgage Loan Trust 2002-2 VS. Phyllss Ann Lantz and Jesse Harper Lantz, III Atty.: Joseph Goldbeck ALL THAT CERTAIN lot. tract or parcel of land and premises situ- ate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylva.nJa more particularly de- scribed as follows: BEGINNING at a point on the northerly line of Poplar Church, said point being located 280 feet meas- ured eastwardly along said line from the easterly line of Fox Croft Drive projected, and at the easterly line of lands now or formerly of Paul R r....t.,,"'''''ll. ihenc.e.al.ann._said Gutshall 'Ac ' -fL Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 '"t4~.J.). _v/4Ujd;A../ t4b't~L SEAL (J LOIS E. SNYDER, Notary Public Carlisle BOlO, Cumberland County My Commission Expires March 5, 2005 ~ IV1V....15.....5_ __ vs. Phyliss Ann Lantz and Jesse Harper Lantz. III Atty.: Joseph Goldbeck ALL THAT CERTAIN lot, tract or parcel of land and premises situ. ate, lytng and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania more particularly de- scribed as follows: BEGINNING at a point on the northerly line of Poplar Church, said point being located 280 feet meas- ured eastwardly along said line from the easterly line of Fox Croft Drive projected. and at the easterly Hne of lands now or fonnerly of Paul R. Gutshall; thence along said Gutshall lands North 36 degreeo 30 minutes Eost. 142.08 feet to a point; thence North 53 degrees 30 minutes East along the southerly line of Lots Nos. 10 and 9 on the hereinafter men- tioned plan, 100 feet to a point: thence South 36 degrees 30 min- utes West along the westerly line of Lot No.7 on said plan. property now or late of Niedenthal. 142,08 feet to a point on the northerly line of Pop- lar Church Road; thence by the lat- ter Hne South 53 degrees 30 min- utes West 100 feet to the place of beginning. BEING Lot No. 6 and the East 30 feet of Lot No. 5 on the plan of Section "A" Riverview. said plan be- ing recorded in the Cumberland County Recorder's Office in Plan Book 10 Page 12. ,",VVV.L'-l"l ~'-J .L1L.L~.&OP_ 30 day of APRIL \..~./~/_). -vt ~~L SEAL LOIS E. SNYDER, Nola~ Carlisle Boro, Cumberlanc My Commission Expires Ma' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3\80-3183 Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff .II' MORGAN CHASE HANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 51h Street 1'0 Hox 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LA \V vs. ACTION OF MORTGAGE FORECLOSURE PHYLlSS ANN LANTZ JESSE HARPER LANTZ III Mortgagor(s) and Record Owner(s) 515 Poplar Church Road Camp Hill. PA 17011 No. 2003-03048 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $122,445.40 Interest from 07/15/2002 to 02/09/2004 at 8.2400% (Costs to be added) CJl ..: '" ..l Po. ;i"; o 00:; ..,.:; go e q u ~ 8 ~ f-<OO ('.~ ~ 0>, z;:, o v '" ;I: ,.... ~ ,,"f-< ~v; f-<~ ~f-< Oz \..U.-1' "" ~ f-<o v;...J ;:J"-' ~~ v;0 <ef-< ~~'" 0'" :;;:3 (!l..l'" ""< ~5 =- u~ ~z 01: f5~ :;;:u e::BJ if, > ~ :?:.- --o=:b ,,- " ~N~"'g....... Nr.-<O.s....... f-<~"'~O ~ ~ -"..... o u- ,...-lu\-<~ H~~.ao... z~"'Ou_~ z::t:C\-.I;':: <<"3~ ~o::38'@' _\.l.l1-<P-<a H r./) ~V) U ?<r.I1c-;S- 'J::: WJ on VI o...-t:: o :;;: ~ z o - '"" ;- u '" " ~ a '" ~ 1<;$ o ~ f-< :; Pll<; ;it" ... " >'- o ~ I<; " "'~ Po. .... V '" ~ .. ~~ .2~ u ." 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ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND AND PREMISES SITUATE, LYING AND BEING IN THE BOROUGH OF WORMLEYSBURG IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF POPLAR CHURCH, SAID POINT BEING LOCATED 280 FEET MEASURED EASTWARDLY ALONG SAID LINE FROM THE EASTERLY LINE OF FOX CROFT DRIVE PROJECTED, AND AT THE EASTERLY LINE OF LANDS NOW OR FORMERLY OF PAUL R. GUTSHALL; THENCE ALONG SAID GUTSHALL LANDS NORTH 36 DEGREES 30 MINUTES EAST, 142.08 FEET TO A POINT; THENCE NORTH 53 DEGREES 30 MINUTES EAST ALONG THE SOUTHERLY LINE OF LOTS NOS. 10 AND 9 ON THE HEREINAFTER MENTIONED PLAN, 100 FEET TO A POINT; THENCE SOUTH 36 DEGREES 30 MINUTES WEST ALONG THE WESTERLY LINE OF LOT NO.7 ON SAID PLAN, PROPERTY NOW OR LATE OF NIEDENTHAL, 142.08 FEET TO A POINT ON THE NORTHERLY LINE OF POPLAR CHURCH ROAD; THENCE BY THE LATTER LINE SOUTH 53 DEGREES 30 MINUTES WEST 100 FEET TO THE PLACE OF BEGINNING. BEING LOT NO.6 AND THE EAST 30 FEET OF LOT NO.5 ON THE PLAN OF SECTION "A" RIVERVIEW, SAID PLAN BEING RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 10 PAGE 12. TAX PARCEL #: 47-19-1590-012 Goldbeck McCafferty & McKeever BY: Joseph ,^. GolJbeck, Jr. Attomey 1.0. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 . Attorney for Plaintiff JP MORGAN CI lASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW VS. PHYLISS ANN LANTZ JESSE HARPER LANTZ 1Il (Mortgagor(s) and Record Owner(s)) 515 Poplar Church Road Camp Hill, PAl 7011 ACTION OF MORTGAGE FORECLOSURE No. 2003-03048 Defendant( s) AFFIDA VTT PURSUANT TO RULE 3129 JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NA TlONAL MORTGAGE LOAN TRUST 2002-2, Plaintitr in the above action, by its attorney, Joseph A. Goldbeck, .If., Esquire, sets forth as of the date the praecipe for the writ of execution was tiled the following information concerning the real property located at: 515 Poplar Church Road Camp Hill, PA 17011 I.Name and address ofOwner(s) or Reputed Owner(s): PHYLlSS ANN LANTZ c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, P A 17011-4436 JESSE HARPER LANTZ 1Il c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 2. Name aud address of Defendant(s) in the judgment: PHYLlSS ANN LANTZ c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 JESSE HARPER LANTZ 1Il c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 3. Name and last knov./fi address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Namc iJnd addrc.'is orthe last recorded holder of every mortgage of record: 5. Name and address of every ather person \\'ho has any record interest in or record lien on the property and whose lnterest may be affected by the sale: 6. Name and address of every other person of whom the plaintitl'has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTSIOCCUP ANTS 515 Poplar Church Road Camp Hill, I' A 17011 (attach separate sheet if more space is needed) 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 13. 2005 D K McCAFFERTY & McKEEVER eph A. Goldbeck, Jr., Esq. y for Plaintiff n (_:- r-' :-::,~. .> ':-.~:, \:..;\ c\ -n .-' -,'" nl C) C') -; C) 2::--:: CA~ C:..:. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3048 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, Plaintiff (s) From PHYLISS ANN LANTZ AND JESSE HARPER LANTZ III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $122,445.40 Interest FROM 7/15/02 TO 2/9/04 AT 8.2400% L.L. Atty's Corum % Atty Paid $802.72 Plaintiff Paid Date: OCTOBER 18, 2005 Due Prothy $1.00 Other Costs Prothonot (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 2003-03048 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. AttorneyI.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN IN THE COURT OF COMMON PLEAS TRUST 2002-2 323 5th Street of Cumberland County PO Box 35 Eureka, CA 95502 CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE PHYLISS ANN LANTZ JESSE HARPER LANTZ ill Mortgagor(s) and Record Owner(s) Term No. 2003-03048 515 Poplar Church Road Camp Hill, PA 17011 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LANTZ. PHYLISS ANN PHYLlSS ANN LANTZ c/o Craig A. DieW. Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 Your house at 515 Poplar Church Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, March 08, 2006, at 10:00 AM, in Connnissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$122,445.40 obtained by JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 2003-03048 1. The sale will be cancelled if you pay to JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Yau 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 below 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 NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of717-240-6390. 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 the Sheriff of717-240-6390. 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 a 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 C) c: ",...) ~~s C'I "Oil ::;J .__L_ :-1-: .::.J" r::: ( :; -I -~ c:: E:: c.) CD 2003-03048 '. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney!.D.#16132 Suite 5000- Mellon Independence Center 701 Market Streel Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION - LAW Plaintiff VS. ACTION OF MORTGAGE FORECLOSURE PHYLISS ANN LANTZ JESSE HARPER LANTZ III Mortgagor(s) and Record Owner(s) Term No. 2003-03048 515 Poplar Church Road Camp Hill, PA 17011 Defendant( s TIDS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. TIDS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HARPER LANTZ. Ill, JESSE .JESSE HARPER LANTZ III clo Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 Your house at 515 Poplar Church Road, Camp Hill, P A 17011 is scheduled to be sold al Sheriffs Sale on Wednesday, March 08,2006, at 10:00 AM, in Conunissioners Hearing Rm 2nd FL Courthouse 10 enforce the courtjudgmenl of$122,445.40 obtained by JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIDS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 2003-03048 I. The sale will be cancelled if you pay to JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, the back payments, late charges, costs and reasonable attorney's fees due. To frod out how much you must pay call: 215-627-1322 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Yon 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 below 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 NOT TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may frod out the price bid price by calling the Sheriff of717-240-6390. 2. You maybe 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 the Sheriff of 717-240-6390. 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 a 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. 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 (J 0) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIA nON 2 Liberty Avenue Carlisle, PA 17013 . (') ("" .. ,..., ~:?, ':,,"-J il .:.f, -4 :::r: Pl o <'j -j ..-] en 2:.,-": C) (....1 Co '.- ~~ - IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In the Matter of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Respondents, ) ) ) ) JESSE H. LANTZ and PHYLLIS A. LANTZ a/k/a PHYLLIS A. SHATTO Debtors. ALASKA SEABOARD PARTNERS LP, Movant, vs. JESSE H. LANTZ and PHYLLIS A. LANTZ alk/a PHYLLIS A. SHATTO, and CHARLES J. DeHART, III, Trustee. CHAPTER 13 CASE NO.: 1:04-bk-03514-MDF ORDER Upon consideration of the Motion submitted and attached hereto, it is hereby Ordered, Adjudged and Decreed that the Motion is granted. Movant shall be and is hereby permitted to proceed and continue with an action in foreclosure of the subject real property and is hereby permitted to proceed with foreclosure of the subject Property generally described as 515 Poplar Church Road, Camp Hill, Pennsylvania, pursuant to applicable statutory law, and thereafter commence any action necessary to obtain complete possession thereof. It is further Ordered that this grant of relief from stay shall remain in full force and effect, notwithstanding any subsequent conversion of this case to another chapter. By tile C ()1D't. ~~~ This electronic order is signed and filed on the same date. Dated: August 4, 2005 USBC PAM - LIVE - V2.6 - Docket Report Page I of7 341Held, CREDS, CLAIMS, REINSTATED, PlnCnfrmd, PreACT U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:04-bk-03514-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 06/08/2004 Jesse H Lantz 515 Poplar Church Road Camp Hill, PA 17011 SSN: xxx-xx-4722 Debtor represented by Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011-4436 717763-7613 Fax: 717 763-8293 Email: cdiehl@cadiehllaw.com Phyllis A Lantz 515 Poplar Church Road Camp Hill, PA 17011 SSN: xxx-xx-4980 Joint Debtor aka Phyllis A Shatto Charles J. DeHart, III (Trustee) POBox4IO Hummelstown, P A 17036 717566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 (717) 221-4515 Asst. u.s. Trustee represented by Craig A. Diehl (See above for address) Filing Date # Docket Text 06/0812004 1 Chapter 13 Voluntary Petition and Attorney Compensation, (Missing Schedules and Statements,Plan) . Filing fee due in the amount of $ 194.00 Filed by Craig A. Diehl Esq on behalf of Jesse H Lantz, Phyllis A Lantz. (BR) (Entered: 06/08/2004) 06/08/2004 Tentative Date for Meeting of Creditors (Case missing matrix or plan). THIS IS SUBJECT TO CHANGE. 7/2912004 at 09:00 AM. https://ecf.pamb. uscourts.gov/cgi -binlDktRpt.pl?931840281667 457 -L _82_0-1 10/1312005 USBC PAM - LIVE - V2.6 - Docket Report Page 2 of? (BR) (Entered: 06/08/2004) 06/08/2004 Receipt of Voluntary Petition Piling Pee. Receipt Number 609705 Pee Amount $ 194.00 (RE: related document(s)l). (BR) (Entered: 06/09/2004) 06/08/2004 2 Matrix filed/Creditor List Uploaded Piled by Craig A. Diehl Esq on behalf of Jesse H Lantz, Phyllis A Lantz (RE: related document(s)l ). (BR) (Entered: 06/09/2004) 06/22/2004 ,1 Motion to Dismiss Case (with attached proposed Order) Piled by Trustee (RE: related document(s)l). (dehart, IIIGr), Charles) (Entered: 06/22/2004) 06/22/2004 'l Chapter 13 Plan Filed by Craig A. Diehl Esq on behalf of Jesse H Lantz, Phyllis A Lantz (RE: related document(s)l). (DP) (Entered: 06/22/2004) 06/22/2004 5 Schedules A-J, Statement of Financial Affairs, and Summary of Schedules Piled by Craig A. Diehl Esq on behalf of Jesse H Lantz, Phyllis A Lantz (RE: related document(s)l). (DP) (Entered: 06/22/2004) 06/22/2004 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 8/5/2004 at 09:00 AM. (DP) (Entered: 06/22/2004) 06/24/2004 6 Order Dismissing Case (RE: related document(s),1). (CR) (Entered: 06/25/2004) 06/27/2004 7 BNC Certificate of Mailing. Service Date 06/27/2004. (Related Doc # (1) (Admin.) (Entered: 06/28/2004) 06/30/2004 a Pinal Report Piled by Trustee. (dehart, III(ck), Charles) (Entered: 06/30/2004) 06/30/2004 9 Order Vacating Order Dismissing Case (RE: related document(s)(1). (CR) (Entered: 07/01/2004) 07/01/2004 10 Request to BNC - Notice to all creditors setting objection deadline (RE: related document(s),1). Objections due by 7/24/2004. (CR) (Entered: 07/01/2004) 07/03/2004 II BNC Certificate of Mailing. Service Date 07/03/2004. (Related Doc # 10) (Admin.) (Entered: 07/04/2004) 07/03/2004 12 BNC Certificate of Mailing. Service Date 07/03/2004. (Related Doc # https://ecf.pamb.uscourts.gov/cgi -bin/DktRpt.pl?93 1840281667 457 - L _82_0-1 10/13/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 3 of7 2) (Admin.) (Entered: 07/04/2004) 07/23/2004 13 Answer Filed by Craig A. Diehl Esq on behalf of Jesse H Lantz, Phyllis A Lantz (RE: related docurnent(s)l, 10). (CA) (Entered: 07/27/2004) 08/20/2004 14 Notice to Parties: (RE: related document(s)[I3], ;1). Hearing scheduled for 9/9/2004 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Attachments: # 1 Certificate of Service) (NP) (Entered: 08/20/2004) 08/20/2004 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 10/28/2004 at 09:00 AM. (DP) (Entered: 08/20/2004) 08/26/2004 15 Motion for Wage Attachment Order Filed by Craig A. Diehl Esq on behalf of Jesse H Lantz, Phyllis A Lantz. (AG) (Entered: 08/30/2004) 08/30/2004 16 Order Granting Motion for Wage Attachment Order (RE: related docurnent(s)[15]). (Attachments: # 1 Certificate of Service) (AG) (Entered: 08/30/2004) 09/09/2004 17 Proceeding Memo re Hearing held. Continued at request of court. Clerk's office to send notice.(RE: related docurnent(s)14, ;1). Hearing rescheduled for 10/21/2004 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (JG) (Entered: 09/10/2004) 09/15/2004 18 Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 10/28/2004 at 09:00 AM Federal Bldg, Trustee Hearing Rm, Rm 1160, II th FI, 228 Walnut St, Harrisburg, P A Proofs of Claims due by 1/26/2005 Last day to Object to Plan Confirmation 2/25/2005 (DP) (Entered: 09/15/2004) 09/16/2004 19 Notice of continued hearing. Rescheduled (RE: related docurnent( s) 17,;1). Hearing scheduled for 10/21/2004 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Attachments: # 1 Certificate of Service) (CR) (Entered: 09/16/2004) 09/17/2004 20 BNC Certificate of Mailing. (RE: related document(s)18). Service Date 09/17/2004. (Admin.) (Entered: 09/18/2004) 09/17/2004 2J BNC Certificate of Mailing. (RE: related docurnent(s)1!!,). Service Date 09/17/2004. (Admin.) (Entered: 09/18/2004) 09/22/2004 22 Praecipe/Withdrawal of Trustee's Motion to Dismiss Filed by Trustee https://ecf.pamb.uscourts.gov/cgi -binlDktRpt.pl?93184028 1667 457 -L _82_0-1 10/13/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 4 of7 (RE: related document(s)l). (dehart, III(jr), Charles) (Entered: 09/22/2004) 09/23/2004 23 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 10/21/2004 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (dehart, III(ds), Charles) (Entered: 09/2312004) 09/2312004 24 Order approving Praecipe/Withdrawal (RE: related document(s)22, 3). (Attachments: # 1 Certificate of Service) (DP) (Entered: 09/2412004) 10/15/2004 25 Stipulation by debtor and Ch. 13 trustee Filed by Trustee (RE: related document(s)23 ). (Attachments: # 1 Proposed Order)(dehart, III(ds), Charles) (Entered: 10/1512004) 10/18/2004 2Ji Order approving Stipulation (RE: related document(s)l, 25 ). (Attachments: # 1 Certificate of Service) (CR) (Entered: 10/18/2004) 10/29/2004 27 Certification that 341 Meeting of Creditors (Ch. 13) Not Held on 10/28/04. To be Rescheduled for Debtor and Joint Debtor. (There is no image or paper document associated with this entry.). (dehart, III (ds), Charles) (Entered: 10/29/2004) 11/01/2004 28 Certification that 341 Meeting of Creditors (Ch. 13) Rescheduled. 341(a) meeting to be held on 1/6/2004 at 12:00 PM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, P A. (DP) Meeting notice sent for incorrect date, Meeting will be rescheduled. Modified on 1/6/2005 (DP). (Entered: 11/01/2004) 11/0312004 29 BNC Certificate of Mailing. (RE: related document(s)2~). Service Date 11/0312004. (Admin.) (Entered: 11/04/2004) 11/12/2004 30 Returned mail for Creditor (Janet Miller Tax Collector), Not Deliverable as addressed(RE: related document(s)28). (CR) (Entered: 11/15/2004) 11/29/2004 31 Motion for Relief from Stay with Certificate of Non-Concurrence. Filing fee due in the amount of$ 150.00 Filed by Jeffrey T Grossman of Grossman Law Firm PC on behalf of Alaska Seaboard Partners LP. (DP) (Entered: 11/29/2004) 11/2912004 32 Order (RE: related document(s)[31]). Answers are due on: 12/1412004. Hearing scheduled for 12/22/2004 at 09:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (CR) (Entered: 11/29/2004) https://ecf. pamb. uscourts.gov/cgi-binIDktRpt.pl?931840281667 457 - L _82_0-1 10/13/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 5 of7 11/29/2004 Receipt of Motion for Relief from Automatic Stay Filing Fee - $150.00 Receipt Number: 00615613. (By CReg by DP) (RE: related document 31) (Entered: 11/30/2004) 12/06/2004 33 Certificate of Service Filed by Jeffrey T Grossman of Grossman Law Firm PC on behalf of Alaska Seaboard Partners LP (RE: related document(s)[31], 32). (JM) (Entered: 12/06/2004) 12/13/2004 34 Answer Filed by Craig A. Diehl Esq on behalf of Jesse H Lantz , Phyllis A Lantz (RE: related document(s)[31]). (DB) (Entered: 12/14/2004) 12/22/2004 35 Proceeding Memo hearing held. Stipulation within 30 days. Re: Motion of Alaska Seaboard Partners LP for relieffrom stay. Appearances: Renee Lieux, Esq. Non-Appearances:. (There is no image or paper document associated with this entry.) (RE: related document(s)34, [31], 32). Stipulation due 1/21/2005. (EW) (Entered: 12/22/2004) 12/23/2004 36 Order that Stipulation be filed on or before January 21, 2005 or Motion is denied. (RE: related document(s)[35], [31]). Stipulation due 1/21/2005. (Attachments: # 1 Certificate of Service) (SP) (Entered: 12/28/2004) 12/28/2004 37 Stipulation Craig A. Diehl on behalf of Jesse H. and Phyllis A. Lantz Filed by Jeffrey T Grossman of Grossman Law Firm PC on behalf of Alaska Seaboard Partners LP (RE: related document(s) [3 I] ). (Entered: 12/28/2004) 01/06/2005 38 Certification that 341 Meeting of Creditors (Ch. 13) Rescheduled. 341(a) meeting to be held on 2/10/2005 at 12:00 PM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11 th FI, 228 Walnut St, Harrisburg, PA. (DP) (Entered: 01/06/2005) 01/08/2005 12 BNC Certificate of Mailing. (RE: related document(s)38). Service Date 01/08/2005. (Admin.) (Entered: 01/09/2005) 01112/2005 40 Certificate of Concurrence of Trustee Filed by Craig A. Diehl Esq on behalf of Jesse H Lantz, Phyllis A Lantz (RE: related document(s) 31 ). (CR) (Entered: 01/13/2005) 01/14/2005 41 Order approving Stipulation (RE: related document(s)[35],1'Z). (Attachments: # 1 Certificate of Service) (CR) (Entered: 01/14/2005) 02/15/2005 42 Objection to Confirmation of Plan (Plan is underfUnded) Filed by Trustee (RE: related document(s)'! ). (dehart, III(jr), Charles) (Entered: 02/15/2005) https ://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?931840281667 457 - L _82_0-1 10/13/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 60f7 02/16/2005 4} Amended Stipulation Filed by Jeffrey T Grossman of Grossman Law Firm PC on behalf of Alaska Seaboard Partners LP (RE: related document(s)[31]). (Attachments: # 1 Certificate of Concurrence) (Grossman, Jeffrey) (Entered: 02/16/2005) 02/17/2005 44 Certification that 341 Meeting of Creditors Held (Ch. 13) on 2/10/05. (There is no image or paper document associated with this entry.). (dehart, lII( ds), Charles) (Entered: 02/17/2005) 02/17/2005 45 Order approving Amended Stipulation (RE: related document(s)[31], 43 ). (CR) (Entered: 02/23/2005) 03/18/2005 16 Amended Chapter 13 Plan and notice to all creditors of objection date Filed by Craig A. Diehl on behalf of Jesse H Lantz, Phyllis A Lantz (RE: related document(s)ll, 'l). Last day to Object to Plan Confirmation 4/17/2005. (JM) (Entered: 03/21/2005) 03/18/2005 48 Motion for Amended Wage Attachment Order Filed by Craig A. Diehl on beha1fofJesse H Lantz (RE: related document(s)[15], 16). (DP) (Entered: 03/21/2005) 03/21/2005 47 Request to BNC - PDF document. (RE: related document(s)46). (JM) (Entered: 03/21/2005) 03/23/2005 49 BNC Certificate of Mailing. (RE: related document(s)46). Service Date 03/23/2005. (Admin.) (Entered: 03/24/2005) 03/23/2005 50 BNC Certificate of Mailing. (RE: related document(s)47). Service Date 03/23/2005. (Admin.) (Entered: 03/24/2005) 03/23/2005 ~l BNC Certificate of Chapter 12/13 Plan (RE: related document(s)46). Service Date 03/23/2005. (Admin.) (Entered: 03/24/2005) 03/25/2005 52 Amended Order Granting Motion for Wage Attachment Order (RE: related document(sH~). (Attachments: # 1 Certificate of Service) (DP) (Entered: 03/25/2005) 03/29/2005 53 PraecipelWithdrawal of Trustee's Objection to Confirmation of Plan Filed by Trustee (RE: related document(s)'U). (dehart, lII(jr), Charles) (Entered: 03/29/2005) 04/28/2005 5<1 Order Confirming Amended Chapter 13 Plan (RE: related document (s)46 ). (CK) (Entered: 04/28/2005) 07/25/2005 55 Certificate of Default of Stipulation re: Motion for Relieffrom Automatic Stay Filed by Jeffrey T Grossman of Grossman Law Firm PC on behalf of Alaska Seaboard Partners LP (RE: related document https://ecf.pamb. uscourts.gov/cgi-binlDktRpt.pl?931840281667 457 - L _82_0-1 10/13/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 7 of7 (s)[31], 'i1 ). (Attachments: # 1 Proposed Order # 2 Certificate of Service) (Grossman, Jeffrey) (Entered: 07/25/2005) 08/04/2005 56 Order Granting Relief From Stay(RE: related document(s)55, [31], 41 ). (CK) (Entered: 08/0512005) I PACER Service Center I I Transaction Receipt I I 10113/2005 09:37: 16 I PACER ~a0060 I Client Login: Code: 1 :04-bk-03514-MDF Fil or Ent: Description: Docket Search Fil Doc From: 0 Doc To: Report Criteria: 99999999 Term: y Links: n Format: HTMLfmt Billable D~10.32 I Pages: https://ecf. pamb.uscourts.gov/cgi-binlDktRpt.pl?931840281667 457 - L _82_0-1 10/13/2005 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, JT. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19\06-\532 215-627-1322 Attorne for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 SN-0037 CF: 06/2612003 SD: 03/08/2006 $122,445.40 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LA W Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. PHYLISS ANN LANTZ JESSE HARPER LANTZ III Mortgagor(s) and Record Owner(s) Term No. 2003-03048 515 Poplar Church Road Camp Hill, PA 17011 Defendant( s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants ofthe Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Office/competent adult (copy of return attached). Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriffs Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant( s) (proof of acknowledgment attached)'~~1\ Cl~ ~~"I <.L >< ~ .. " " by herif s 0 fice to Attorney for Defendant( s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). ( ) ( ) ~ Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). 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I~gl ~'" 1m ", i;;r~ ,m , lif eL 1"'TI;;tl' m", JP Morgan Chase Bank as Trustee of The Security National Mortgage Loan Trust 2002-2 VS Phyliss Ann Lantz and Jesse Harper Lantz, III The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3048 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 09, 2005 at 3: 1 0 0' clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Phyliss Ann Lantz and Jesse Harper Lantz, III c/o Craig A. Diehl, Esquire, by making known unto Lacy Jay, adult in charge of office for Craig A. Diehl, Esquire, at 3464 Trindle Road, Camp Hill, Cwnberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. J. Michellekes, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2006 at 10:40 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Phyliss Ann Lantz and Jesse Harper Lantz, III located at 515 Poplar Church Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Phyliss Ann Lantz and Jesse Harper Lantz, III c/o Criag A. Diehl, Esquire, by regular mail to his last known address of 3464 Trindle Road, Camp Hill, P A 17011. These letters were maile~ under the date o[.January 05, 2006 and never returned to the Sheriffs Office. Sworn and subscribed to before me This _ day of So Answers ~'~~r:-~~ R. Thomas Kline, Sheriff ByJ",-L, \wulh Real Estate~ergeant 2006, A.D. Prothonotary " GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney l.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-825-6320 Attomey for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE PHYLlSS ANN LANTZ JESSE HARPER LANTZ 111 Mortgagor(s) and Record Owner(s) Term No. 2003-03048 515 Poplar Church Road Camp Hill, PA 17011 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, Plaintiff in the above action, by its attomey, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 515 Poplar Church Road Camp Hill, PA 17011 1.Narne and address ofOwncr(s) or Reputed Owner(s): PHYLlSS ANN LANTZ c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 JESSE HARPER LANTZ III c/o Craig A. Diehl, Esquire 3464 Trlndle Road Camp Hill, PA 17011-4436 2. Name and address of Defendant(s) in the judgment: PHYLlSS ANN LANTZ c/o Craig A. Diebl, Esquire 3464 Trind1e Road Camp Hill, PA 17011-4436 JESSE HARPER LANTZ 1lI c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill,PA 17011-4436 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 P A DEP AR TMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 515 Poplar Church Road Camp Hill, PA 17011 (attach separate sheet ifmore space is needed) I verity that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. [ understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 9, 2006 -7 ...".."'J (' -, '..,.-' --l -;i (~.~ c:' ~ .-4 _':-oj , ~:<. ..' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Securitv National Mtg Loan Trust 2002-2 Tr is the grantee the same having been sold to said grantee on the 5th day of April AD., 2006, under and by virtue of a writ Execution issued on the 18th day of Oct, AD., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2003 Number 3048, at the suit of Security National Mtg Loan Trust 2002-2 Tr against Phvliss Ann Lantz & Jesse Hamer III is duly recorded in Deed Book No. 274, Page 1898. IN TESTIMONY WHEREOF, I have hereunto set my hand +?'.!1.- and seal of said office this day of jY7fly ,AD. ,2.rJ7J' -~~/ Recorder of Deeds , . . JP Morgan Chase Bank as Trustee of The Security National Mortgage Loan Trust 2002-2 VS Phyliss Ann Lantz and Jesse Harper Lantz, III The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3048 Civil Term William Cline, Deputy Sheriff, who being du1y sworn according to law, states that on December 09, 2005 at 3:10 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Phyliss Ann Lantz and Jesse Harper Lantz, III c/o Craig A. Diehl, Esquire, by making known unto Lacy Jay, adu1t in charge of office for Craig A Diehl, Esquire, at 3464 Trindle Road, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. J. Michel Ickes, Deputy Sheriff, who being duly sworn according to law, states that on January 11,2006 at 10:40 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofPhyliss Ann Lantz and Jesse Harper Lantz, III located at 515 Poplar Church Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being du1y sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following marmer: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Phyliss Ann Lantz and Jesse Harper Lantz, III c/o Criag A. DieW, Esquire, by regu1ar mail to his last known address of 3464 Trindle Road, Camp Hill, P A 17011. These letters were mailed under the date of January 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being du1y sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on April 05, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck for JP Morgan Chase Bank, as Trustee of the Security National Mortgage Loan Trust 2002-2. It being the highest bid and best price received for the same, JP Mortgage Chase Bank, as Trustee of the Security National Mortgage Loan Trust 2002-2 of323 5th Street, PO Box 35, Eureka, CA 95502, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $864.44. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed $30.00 16.95 15.00 15.00 30.00 Auctioneer Postpone Sale Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 10.00 20.00 1.00 25.68 9.28 15.00 30.00 .78 293.00 267.20 21.05 25.00 39.50 $ 864.44 Sworn and subscribed to before me 2006, A.D. So Answers: /'~~~#~ R. Thomas Kline, Sheriff B\\ r~~ Real Estat ergeant cvY~ 311.oV ~. ).0-0 (;)e. s 3 SI'? flu... J 7110~ " " I Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney l.D. #1.6132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs. PHYLlSS ANN LANTZ JESSE HARPER LANTZ III (Mortgagor(s) and Record Owner(s)) 515 Poplar Church Road Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE No. 2003-03048 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURJTY NATIONAL MORTGAGE LOAN TRUST 2002-2, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 515 Poplar Church Road Camp Hill, PA 17011 I.N ame and address of Owner( s) or Reputed Owner( s): PHYLlSS ANN LANTZ c/o Craig A. Diehl, Esquire 3464 T Tindle Road Camp Hill, PA 17011-4436 JESSE HARPER LANTZ III c/o Craig A. Diehl, Esquire 3464 T riDdle Road Camp Hill, PA 17011-4436 2. Name and address ofDefendant(s) in the judgment: PHYLlSS ANN LANTZ c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 JESSE HARPER LANTZ III c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 ., . 0/ 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O.Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 515 Poplar Church Road Camp Hill, P A 17011 (attach separate sheet ifmore space is needed) 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of I 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 13. 2005 D K McCAFFERTY & McKEEVER eph A. Goldbeck, J.r., Esq. y for Plaintiff t. . , . " 2003-03048 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN IN THE COURT OF COMMON PLEAS TRUST 2002-2 323 5th Street of Cumberland County PO Box 35 Eureka, CA 95502 CIVIL ACTION - LAW Plaintiff VS. ACTION OF MORTGAGE FORECLOSURE PHYLISS ANN LANTZ JESSE HARPER LANTZ 111 Mortgagor(s) and Record Owner(s) Term No. 2003-03048 515 Poplar Church Road Camp Hill, PA 17011 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LANTZ, PHYL/SS ANN PHYLlSS ANN LANTZ c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 Your house at 515 Poplar Church Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, March 08, 2006, at 10:00 AM, in Connnissioners Hearing Rrn 2nd FL Courthouse to enforce the court judgment of$122,445.40 obtained by JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: .' ., 2003-03048 1. The sale will be cancelled if you pay to JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. 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 below 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of717-240-6390. 2. You maybe 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 the Sheriff 0017-240-6390. . 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 a 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 maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheritl's Sale. 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ,~ ,. . 2003-03048 't GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN IN THE COURT OF COMMON PLEAS TRUST 2002-2 323 5th Street of Cumberland County PO Box 35 Eureka, CA 95502 CIVIL ACTION - LAW Plaintiff VS. ACTION OF MORTGAGE FORECLOSURE PHYLISS ANN LANTZ JESSE HARPER LANTZ ill Mortgagor(s) and Record Owner(s) Term No. 2003-03048 515 Poplar Church Road Camp Hill, PA 17011 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HARPER LANTZ, Ill, JESSE .JESSE HARPER LANTZ 11/ c/o Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 Your house at 515 Poplar Church Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on Wednesday, March 08, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$122,445.40 obtained by JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIDS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: " ) 2003-03048 1. The sale will be cancelled if you pay to JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. 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 below on how to obtain an attomey). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of717-240-6390. 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 ifthis bas happened, you may call the Sheriff of717-240-6390. 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 bappened. 5. You bave a 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriff's Sale. 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 schedule of distribution is filed. 7. You may also bave other rights and defenses, or ways of getting your bouse back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1 ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND AND PREMISES SITUATE, LYING AND BEING IN THE BOROUGH OF WORMLEYSBURG IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF POPLAR CHURCH, SAID POINT BEING LOCATED 280 FEET MEASURED EASTWARDLY ALONG SAID LINE FROM THE EASTERLY LINE OF FOX CROFT DRIVE PROJECTED, AND AT THE EASTERLY LINE OF LANDS NOW OR FORMERLY OF PAUL R. GUTSHALL; THENCE ALONG SAID GUTSHALL LANDS NORTH 36 DEGREES 30 MINUTES EAST, 142.08 FEET TO A POINT; THENCE NORTH 53 DEGREES 30 MINUTES EAST ALONG THE SOUTHERLY LINE OF LOTS NOS. 10 AND 9 ON THE HEREINAFTER MENTIONED PLAN, 100 FEET TO A POINT; THENCE SOUTH 36 DEGREES 30 MINUTES WEST ALONG THE WESTERLY LINE OF LOT NO.7 ON SAID PLAN, PROPERTY NOW OR LATE OF NIEDENTHAL, 142.08 FEET TO A POINT ON THE NORTHERLY LINE OF POPLAR CHURCH ROAD; THENCE BY THE LATTER LINE SOUTH 53 DEGREES 30 MINUTES WEST 100 FEET TO THE PLACE OF BEGINNING. BEING LOT NO.6 AND THE EAST 30 FEET OF LOT NO.5 ON THE PLAN OF SECTION "A" RIVERVlEW, SAID PLAN BEING RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 10 PAGE 12. TAX PARCEL #: 47-19-1590-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV ANrA) COUNTY OF CUMBERLAND) NO 03-3048 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2, Plaintiff(s) From PHYLISS ANN LANTZ AND JESSE HARPER LANTZ UI (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $122,445.40 L.L. Interest FROM 7/15/02 TO 2/9/04 AT 8.2400% Ally's Comm % Ally Paid $802.72 Plaintiff Paid Date: OCTOBER 18, 2005 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQlliRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPIDA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 18 On November 30, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Borough ofWormleysburg, Cumberland County, PA Known and numbered as 515 Poplar Church Road, Camp Hill, more fully described on Exhibit "A" Date: November 30, 2005 By:J 0 ~ Jrvufh Real Estate Sergeant &l c:;;:; c:;;;:1 c:=:I GV GVD filed with this writ and by this reference incorporated herein. t. S :(J\ "i 0 l 130 ~""l ",; '",""',; '~j\ ., \~~'~,;d;\;"'l'.' ';}G !'".Li~;S\'-'.:1"\ I. ,:0 :\JI.:I.:1"; j;lllJJh :Il-' .. \, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th dares) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verifY this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County ofDaupbin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#18 Sworn to and subscnbed before 2006 A.D. . . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~ . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has. since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 20,27, February 3,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical 0 f general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and cllaracter of publication are true. SWOR TO I'\ND SUBSCRIBED before me this 3 yof Februarv. 2006 Jr:::4~~ NOTARi l SEM ! LOIS E S"lYDER. Notmy P'1b',e , I Carlisle Boro.. Cumberland County !. t~:~~:,~~:~~:~~.i,O:.l,.::~,~~~~~:::~~:'~~~..,~.~~:~~~~.....' JIML RTATZ IIoALI: "0. 18 Writ No. 2003-3048 Civil JP Morgan Chase Bank, as 1iustee of the Security National Mortgage Loan 1iust 2002-2 vs. Phyllss Ann Lantz and Jesse Harper Lantz. III Atty.: Joseph Goldbeck ALL that certain lot, tract or par- cel of land and premises situate. 1ytng and being In the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvanta more particularly de- scribed as follows: BEGINNING at a point on the northerly!lne of Poplsr Church. said point being located 280 feet meas- ured eastwardly along said line from the easterly !lne of Fox Croft Drive projected, and at the easterly line of lands now or formerly of Paul R. Gutshall: thence along sald Gutshall lands North 36 degrees 30 minutes East. 142.08 feet to a point: thence North 53 degrees 30 minutes East along the southerly !lne of Lots Nos. 10 and 9 on the hereinafter men- tioned plan. 100 feet to a point; thence South 36 degrees 30 min- utes West along the westerly line of Lot No. 7 on said plan, property now br late of Nledenthal. 142.08 feet to a point on the northerly 1lne of P0p- lar Church Road: thence by the lat- ter line South 53 deflrees 30 mm- utes West 100 feet to the place of begInnlng. BEING Lot No. 6 and the east 30 feet of Lot No. 5 on the plan of Section "A" Rlvervlew. said plan be- Jng recorded In the Cumberland County Recorder's Office in Plan Book 10 Page 12. TAX PARCEL #: 47-19-1590-012. Assienment of Bid NO. 2003-03048 - LANTZ 515 Poplar Church Road Camp Hill, PA 17011 I, Joseph A Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sherif[ Sale dated April 05, 2006 to: JP MORGAN CHASE BANK AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2002-2 323 5th Street PO Box 35 Eureka, CA 95502 GOLDBECK MCCAFFERTY & MCKEEVER Date: Aoril 5. 2006 ;?'r~- JOSEPH A. GOLDBECK, JR. I