HomeMy WebLinkAbout08-1029IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
V.
NO. 08 - /o9 9 liivi 1-1&-"
WILLIAM K. COLEMAN,
ISSUE NO.:
Defendant.
TO: DEFENDANT:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU.
WELTM NBERG &REIS , L.P.A.
By:
ATTORNEYS FOR PLAINTIFF
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
8333 Ridgepoint Drive
Irving, TX 75063
AND THE DEFENDANT ARE:
12 West Lisburn Road
Mechanicsburg PA 17056
WELTM (NBERG & REISAO. L.P.A.
BY: / '
ATTORNEYS FOR PLAINTIFF
CODE:
TYPE OF PLEADING:
COMPLAINT IN MORTGAGE
FORECLOSURE
FILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS
PARTY:
Patricia L. Blais, Esquire
Pa. I.D. #56648
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
12 West Lisburn Road
Mechanicsburg, PA 17055
Twp of Uppe len
WELTMA (//NBERG &REIS , L.P.A.
lC?'
By. A ORNEYS FOR P INTIFF
WELTMAN, WEINBERG & REIS CO., L.P.A.
Firm #339
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
WWR#06397350
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
V.
WILLIAM K. COLEMAN,
Defendant.
NO:
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
•
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
V. NO: 08- 14-2 9 61d _rz"
WILLIAM K. COLEMAN,
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff, JPMorgan Chase Bank, N.A., by and through its attorneys, WELTMAN,
WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support
thereof the following:
1. The Plaintiff is JPMorgan Chase Bank, N.A., a lending institution duly authorized to
conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff').
2. The Defendant is William K. Coleman, an adult individual whose last known address is 12
West Lisburn Road, Mechanicsburg, PA 17055.
3. On or about January 26, 2007, the Defendant executed a Home Equity Line of Credit
Agreement and Disclosure Statement (hereinafter "Agreement") in the original principal amount of
$32,000.00. A true and correct copy of said Agreement is marked Exhibit "A", attached hereto and
made a part hereof.
4. On or about January 26, 2007, as security for payment of the aforesaid Agreement, the
Defendant made, executed and delivered to Plaintiff, an Open-End Mortgage (hereinafter "Mortgage")
in the original principal amount of $32,000.00 on the premises located at 12 West Lisburn Road,
Mechanicsburg, PA 17055, hereinafter described, said Mortgage being recorded in the Office of the
Recorder of Deeds of Cumberland County on February 8, 2007 in Mortgage Book Volume 1981, Page
4643. A true and correct copy of said Mortgage containing a description of the premises subject to said
Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. The Defendant is the current record and real owner of the aforesaid mortgaged premises.
6. The Defendant is in default under the terms of the aforesaid Agreement and Mortgage.
7. Demand for payment has been made upon the Defendant by Plaintiff, but Defendant was
unable to pay the principal balance, interest or any other portion thereof to Plaintiff.
8. On or about December 13, 2007, Defendant was mailed Notice of Homeowner's
Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act
91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. A true and
correct copy of said Notice is marked Exhibit "C", attached hereto and made a part hereof.
9. The amount due and owing Plaintiff by Defendants is as follows:
Principal $ 31,457.57
Interest thru 11/23/07 $ 979.47
Late Charge thru 11/23/07 $ 75.00
Execution Costs thru 11/23/07 $ 0.00
Attorneys' Fees thru 11/23/07 $ 1,000.00
Title Search thru 11/23/07 $ 335.00
TOTAL $ 33,847.04
10. 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 Sheriff's Sale. If the
mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged
11. Contemporaneously hereunder, Defendant has been advised of his right to dispute the
validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice,
attached hereto marked Exhibit "D" and made a part hereof.
WHEREFORE, Plaintiff demands judgment, in rem only, in Mortgage Foreclosure, for the amount
due of $33,847.04, with interest thereon at the rate of $7.76 per diem from November 23, 2007, plus
costs, in addition to late charges and for foreclosure and sale of mortgaged premises.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE
USED FOR THAT PURPOSE.
WELTMA , WEINBERG & REIS CO., L.P.A.
Patricia L. Blais, Es(fuire
Pa. I. D. #56648
Attorneys for Plaintiff
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
I?
HOME EQUITY LINE OF CREDIT Bit'
AGREEMENT AND DISCLOSURE STATEMENT
Gtr a_ r Lo+?U aka MsiglrltYw LwI> OaN 1 con
??PP a Account OtNcar I
.QQ'a:b0 'fl1=2B-2QR;?? Oa?.'?0?, 7 a{?26381DS2$32$:: , ?„, w;, "M ?4263?0326328±
References in the shaded area are for our use only and do not limit the applicability of this document to any particular ban or item
Any item above containing "• • • • has been omitted due to text length limirari-
Borrower: WILLIAM K COLEMAN
12 W LISBURN RD
MECHANICSBURG. PA 17055
Lender: JPMorgan Chase Bank, NA
Home Equity and Consumer Lending Division
1111 Polaris Parkway
Columbus. ON 422dn
t.rtrl I I LIMI f : x32,000.00 DATE OF AGREEMENT. January 26, 2007
Introduction. This HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE STATEMENT ("Agreement`) governs your line of credit (the
'Credit Line' or the 'Credit Line Account") issued through JPMorgen Chase Bank, NA. In this Agreement, the words 'Borrower,' "you,"
'Your." and "Applicant' mean each and every person who signs this Agreement, including ON Borrowers named above. The words "we,- 'us,"
"our,' and 'Lender" mean JPMorgan Chase Bank, NA. You agree to the following terms and conditions:
Promise to Pay. You promise to pay JPMorgan Close Bank, NA, or order, the total of all credit advances and FINANCE CHARGES, together
with all costs and expenses for which you are responsible under this Agreement or under the "Mortgage" which secures your Credit Line. You
will pay your Credit Line according to the payment terms set forth below. If there Is more then ore Borrower, each Is jointly and severally Noble
on this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, Including credit activeness made to
any Borrower. Each Borrower authorizes any other Borrower, an his or her signature alone, to cancel the
credit advances, and to do all other tit Credit Lke, to request and receive
legs necessary s carry out she terms of this Agreement. We can release any Borrower from responsNtlNry
under this Agreement, and the others well remain in responsible.
o nalble.
Term. The term of your Credit Line will begin as of the date of this Agreement ('Opening Date") and will continue until January 26, 2037
('Maturity Date'). All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and
payable upon maturity. The draw period of your Credit Line will begin on a date, after the Opening Date. when the Agreement is accepted by us
in the State of Ohio, following the expiration of the right to cancel, the perfection of the Mortgage, the receipt of all required certificates of
noncencellation, and the meeting of oil of our other conditions and will continue as follows: tan (101 years. The Draw Period is also referred to
as the 'First Payment Stream". You may obtain credit advances during this period 1•Diew Period"). After the Draw Period ends, the repayment
period will begin and you will no longer be able to obtain credit advances. The length of the repayment period is as follows: twenty (201 years.
The Repayment Period is also referred to as the "Second Payment Stream'. You agree that we may renew or extend the period during which
you may obtain credit advances or make payments. You further agree that we may renew or extend your Credit Line Account.
Minimum Payment. During the Draw Period, your Regular Payment will be based on the Percentage shown below for the Outstanding Balance
of your Credit Line, or $100.00, or the FINANCE CHARGE accrued for the billing cycle for which the statement is rendered, whichever is
greater. Your payments will be due Monthly. In any event, if your Credit Line balance falls below $100.00, you agree to pay your balance in
full. During the Draw Period, a change in the ANNUAL PERCENTAGE RATE can cause the balance to be repaid more quickly or more slowly.
When rates decrease less interest is due, so more of the payment repays the principal balance. When rates increase more interest is due, so
less of the payment repays the principal balance.
Ranee of Balances Numlter of Payments Regular Payment Calculation
All Balances 120 1.000 % 01 Your outstanding balance
During the Repayment Period, your minimum monthly payments will be (a) the unpaid principal balance divided by the remaining number of
scheduled payments, plus (b) the amount of finance charge accrued plus any fees and any amounts post due. You will make monthly payments
as noted below during the Repayment Period.
Ronne of lAnces Number of Payments
Amortization Period
AN Balances 240 240 payments
Your "Minimum Payment" will be the Regular Payment, plus any amounts past due and all other charges. In addition, we have the right to
require you to pay fees and charges assessed on the Credit Line Account with and in addition to the Minimum Payment. You agree to pay not
less than the Minimum Payment on or before the due date indicated on your periodic billing statement. It your credit line balance falls below
$100.00 during the Repayment Period, you agree to pay your balance in full,
How Your Payments Are Applied. Unless otherwise agreed or required by applicable low, payments and other credits will be applied to
principal, interest, less and other charges in any order. Except for any balances subject to the Conversion Options provisions of this Agreement,
it your Credit Line Account has principal balances outstanding st different rates, we may apply principal payments first to outstanding balances
at the lowest applicable rate before applying principal payments to balances accruing interest at a higher rate. We may apply all payments and
credits in accordance with our standard operating procedures and with the requirements of applicable law. Notwithstanding anything to the
contrary in this Agreement, we may apply our standard operating procedures to verify that we have received good funds after we received your
payments before releasing the payment amounts as available credit on your Credit Line Account.
Receipt of Payments. All payments must be made by a check, automatic account debit, electronic funds transfer, money order, or other
instrument in U.S. dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received
at that address prior to close of business on any business day will be credited to your Credit Line as of the date received. If we receive
payments at other locations, such payments will be credited promptly to your Credit Line, but crediting may be delayed for up to five 15) days
after recelpt.
Credit LkNt. This Agreement covers a revolving line of credit for the principal amount of Thirty-two Thousand a 00/100 Dollars 1$32.000.001,
which will be your "Credit Limit" under this Agreement. Durfrtg the Draw Period we will honor your request for credit advances subject to the
section below on Lender's Rights. You may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the
amount of the Credit Limit. Your Credit Limit is the maximum amount you may have outstanding at any one time. You agree not to attempt,
request, or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Limit. Your Credit Limit will not be
increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immediately the amount by which
your Credit Urn Account exceeds your Credit Limit, even if we have not yet billed you. Any credit advances in excess of your Credit Limit will
not be secured by the Mortgage covering yout principal dwelling.
Charges to your Credit Una. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement,
the Mortgage or any other document related to your Credit Line. In addition, we may charge your Credit Line for funds required for continuing
insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. We may also, at
our option, charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your principal dwelling. These
costs or expenses include, without limitation, payments to cure defaults tattler any existing liens on your principal dwelling. If you do not pay
your property taxes, we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit
advance and will decrease the funds available, if any, tinder the Credit Line. However, we have no obligation to provide any of the credit
advances referred to in this paragraph.
Credit Advances. After the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Lira as follows:
Craft Una Checks. Writing a preprinted 'credit line check' that we will supply to you.
Requests in Person. Requesting a credit advance in person at any of our authorized locations.
Credit Card Access. Using your "credit card' to receive cash advances or to make purchases.
ATM Access. Using your "credit cud/ATM card" at any of our designated ATM locations.
If there Is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one of you
telling us not to give advances to the other.
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 426360326325 STATEMENT
IContinutadJ Page 2
Umfifidws on the Use of Checks. We reserve the right not to honor credit line checks in the following circumstances:
Credit Llmh Violation. Your Credit Limit has been or would be exceeded by paying the credit line check
Post-dated Checks. Your credit line check is post-dated. If a post-dated credit line check is paid and as a result any other check its
returned or not paid, we are not responsible for any losses or damages you incur.
Stolen Checks. Your credit line checks have been reported lost or stolen.
Unauthorized Signatures. Your credit line check is not sighed by an 'Authorized Signer" as defined below.
Termination or Suspension. Your Credit Una has been terminated at suspended as provided in this Agreement or could be if we paid the
credit line check.
if we pay any credit line check under these conditions, you must repay us, subject to applicable rows, for the amount of the credit line check.
The credit fine check itself will be evidence of your debt to us together with this Agreement. Our liability, if any, for wrongful dishonor of a
check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. We may choose not
to return credit line checks along whh your periodic billing statements; however, your use of each credit line check will be reflected on your
periodic statement as a credit advance. We do not "certify' credit line checks drawn on your Credit Line.
Limitations on the Use of Credit Cards. We reserve the right not to honor credit cards in the following circumstances:
Credit Limit Violation, Your Credit Limit has been or would be exceeded by paying the credit card charge.
Stolen Credit Cards. Your credit cards have been reported lost or stolen.
Unauthorized Signatures. Your credit card is not used by an 'Authorized Signer" as defined below.
Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the
Credit Line charge.
It we pay any advance requested by use of the credit card under these conditions, you must repay us, subject to applicable laws, for the amount
of the advance. The advance itself will be evidence of your debt to us together with this Agreement. Our liability, it any, for wrongful dishonor
of an advance Is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. Your use of
the credit card will be reflected on your periodic statement as a credit advance.
Limitations an the Use of ATM Cards. We reserve the right not to honor credit card/ATM cards in the following circumstances:
Credit Limit Violation. Your Credit Limit has been or would be exceeded by honoring the credit card/ATM card charge.
Stolen ATM Cards. Your credit card/ATM cards have been reported lost or stolen.
Unauthorized Signatures. Your credit card/ATM card is not used by an "Authorized Signer' as defined below.
Termination or Suspension. Your Credit Lee has been terminated or suspended as provided in this Agreement or could be if we honored
the Credit Line charge.
If we pay any advance requested by use of the credit card/ATM card under these conditions, you must repay us, subject to applicable laws, for
the amount of the advance: • The advance itself will be evidence of your debt to us together with this Agreement. Our liability, it any, for
wrongful dishonor of an advance is limited to your actual damages. Dishonor for any reason as provided in this Agreement Is not wrongfts
dishonor. Your use of the credit card/ATM card will be reflected on your periodic statement as a credit advance.
Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line:
Credit Card Limitations. The following transaction limitations will apply to your Credit Line and using a Credit Card.
Other Transaction Requirements.
You agree not to use your credit card to initiate a transaction involving Internal gambling, regardless of the jurisdiction in which you
are located, including locations within the United Stales, and the Bank has the right to refuse a transaction which it reasonably
believes involves Internet gambling.
The maximum limit of each transaction per day may not exceed your current available balance or $99,999.99, whichever is less. For
security reasons, there may be times when we further limit this amount, request authentication by the merchant or bank of your
identity or decline the transaction even if you have the available funds
ATM Access Umitsdons. The following transaction limitations will apply to your Credit Line and using an Automated Transaction Machine
VATM"I across card.
Other Transaction Requirements. Transactions conducted at ATMs are governed by the limitations of the individual ATM owners and
may be subject to ATM fees and transaction limitations imposed by the ATM owner.
Credit Line credit line check and In Person Request Limltatlons. There are no transaction limitations for the writing of credit line checks or
requesting an advance in person.
Authorized Signers. The words "Authorized Signer" for credit line checks, credit cards and credit card/ATM cards as used in this Agreement
mean and include each person who signs this agreement.
Lost credit line checks, credit cards and credit card/ATM cards. It you lose your credit line checks, credit cards or credit card/ATM cards or it
someone is using them without your permission, you agree to let us know immediately. The fastest way to notify us is by calling us at MOM
800.5626.
Liability For Unauthorized Use. You may be liable for the unauthorized use of your credit card access device which accesses your Credit Line.
You will not be liable for unauthorized use that occurs after you notify us or our designee at JPMorgan Chase Bank, NA, P.O. Box 901008, Fort
Worth, TX 76101.2008„ orally or in writing, of the loss. theft, or possible unauthorized use. In any case, your liability for unauthorized use of
your credit card will not exceed $50.00.
11 you use an access card which debits a checking account for other consumer asset account) but also draws on an overdraft line of credit,
Regulation E provisions apply, as well as sections 226.131d) and (gl of Regulation Z. In such a transaction, you might be liable for up to $50.00
under Regulation Z. Also, you might be liable for $50.00, $500.00, or an unlimited amount under Regulation E, or a lesser amount under
applicable state law. Please rotor to your electronic fund transfers disclosure for liability limitations and error-resolutlon procedures for
transactions covered by the federal Electronic Fund Transfers Act.
Future Credit Una Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices)
which may be available at some future time as one of our services in connection with this Credit Una, You understand that this request is
voluntary and that you may refuse any of those now services at the time they are offered. You further understand that the terms and conditions
of this Agreement will govern any transactions made pursuant to any of these new services.
Collateral. You acknowledge this Agreement is secured by a Mortgage dated January 26, 2007, to us on real property located in CUMBERLAND
County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Agreement.
Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property
insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required
under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right. for reasonable
cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, it you fail to obtain or maintain insurance
as required in the Mortgage, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any other
remedies available to us, or do any one or more of these things.
Periodic Statements. If you have a balance owing on your Credit Una Account or have any account activity, we will send you a periodic
statement. It will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your
"Previous Balance," and your 'New Balance." Your statement also will Identify the Minimum Payment you must make for that billing period
and the date it is dire.
When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the
date credit advances are posted to your Credit Line. There is no "free ride period' which would allow you to avoid a FINANCE CHARGE on your
Credit Line credit advances.
Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all
credit advances made under your Credit Line imposed from the date of each credit advance based on the 'daily balance" method. To get the
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 426360325325 STATEMENT
IContinu At
° Page 3
daily balance, we take the beginning balance of your Credit Una Account each day, add any new advances and subtract an
and any unpaid FINANCE CHARGES. This gives us the "daily balance.' Y Dayment8 Or credits
Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance
described herein. Then we add together the periodic FINANCE CHARGES for each day in the billing cycle. This is your FINANCE CHARGE
calculated by applying a Periodic Rote.
Periodic Rate and Correspondktg ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL
PERCENTAGE RATE as follows. We start with an independent index which is the Prime Rate. Prime Rate means the base rate on corporate
loans posted by at least 75% of the USA's largest banks known as The Wall Street Journal Prime Rate and published in The Wall Street Journal
for alternate publication if required) on each publication day or each month. If more thin one rate is published as the prime rate, the Prime Rate
will be the highest rate called "the Prime Rau' (the 'Index"). We will use the most recent Index value available to us as of the date of any
ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged by us on our loans. It the Index becomes
unavailable during the term of this Agreement, we may designate a substitute Index after notice to you. To determine the Periodic Rate that will
apply to your First Payment Stream, we add a margin to the value of the Index, then divide the value by the numbor of days in a year (daily). To
obtain the ANNUAL PERCENTAGE RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL
PERCENTAGE RATE for your First Payment Stream. To determine the Periodic Rate that will apply to your Second Payment Stream, we add a
margin to the value of the Index, then divide the value by the number of days in a year (dailyl. To obtain the ANNUAL PERCENTAGE RATE we
multiply the Periodic Rate by the nurnber of days in a year Idaily). This result is the ANNUAL PERCENTAGE RATE for your Second Payment
Stream. The ANNUAL PERCENTAGE RATE includes only interest and no other costs.
The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or
decreases from time to time. Any increase In the Periodic Rate during the Second Payment Stream will take the form of a higher Minimum
Payment amount. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index
will take effect on the first calendar day following the publication of a new Prime Rate. In no event will the corresponding ANNUAL
PERCENTAGE RATE be more than the greater of 21.00000% or the maximum rate we would be allowed to charge or collect by federal law or
the law of the State of Ohio (as applicable). On the day we prepared this document, the Index was 8.250% per annum, and therefore the Initial
Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line are estimated below. Your Initial Periodic Rate and
corresponding ANNUAL PERCENTAGE RATE will be based on the Index in effect on your closing date.
Current Rates 1Or the First Payment Stream
Range of Balance Margin Added ANNUAL PERCENTAGE Daily Periodic
or Conditions to Index RATE
Rate
AN Balances 1.500% 9.760% 0.02671%
Current Rates for the Second Payment Stream
Range of Balance Margin Added ANNUAL PERCENTAGE
Daily Periodic
or Conditions to Index RATE Rate
All Balances 1.500% 9.750% 0.02671 %
Notwithstanding any other Provision of this Agreement, we will not charge Interest on any undisbursed loan proceeds, except as may be
permitted during any Right of Rescission period. No manse what also may be stated in any other provision of this Agreement or in any other
docurlkint you may have with us, you do not agree or intend to pay, and we do not agree or amend to charge any Interest or foe for the HOME
EOUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE STATEMENT which would In any way cause us to contract for, charge or collect
more for the Credit Line Account than ft maximum we would be permitted to charge or collect by any appikable federal or Ohio state law.
Any such excess Interest at unauthorized fee will be applied first to reduce the unpaid principal balance of the Credit Line Account. and when
the principal has been paid in full, be refunded to you.
Conversion Options. This Agreement contains an option to convert the interest rate from a variable rate with interest rate limits to a fixed rate
as calculated below. The following information is representative of conversion features recently offered by us.
ANNUAL PERCENTAGE RATE Increase. Your ANNUAL PERCENTAGE RATE may increase it you exercise this option to convert to a fixed
rate.
Conversion Periods. With our written consent, any One of you can exercise the option to convert to a fixed rate (a "Lock") for either the
entire outstanding balance on the Credit Line Account or any portion thereof (but not less than 01,000.001• Any Locks you take
immediately at closing cannot exceed 95% of your Credit Limit.
Fully Amortizing Lock Option. At any time during the Draw Period, you can choose a Lock that will fully amortize in substantially equal
monthly installments for a term of up to the lesser of 30 years or the remaining originally scheduled term of your Credit Line account.
Reduced Payment Lock Options. During the Draw Period, you can choose a 3, 5 or 7 year Lock term with a reduced payment requirement.
At the and of the 3, 5, or 7 year period selected, your Lock will mature. However, you cannot choose a Reduced Payment Lock option trial
will mature later than 1 full month before the originally scheduled end of your Draw Period. At the time you select your Reduced Payment
Lock option, you must choose from the following payment options on the Lock:
I I I Pay the amount of interest that accrues on that Lock for the billing cycle for which the statement is rendered.
(2) Pay the greater of the amount of interest that accrues on that Lock for the billing cycle for which the statement is rendered, or 1 %
of the outstanding balance on your Lock, but if the balance on your Lock falls below $100.00, you will pay your Lock balance in full.
131 Pay the amount that would be required to fully repay the Lock over a 360 month term in substantially equal installments.
Maturity Options for Reduced Payment Locks. If you select a Reduced Payment Lock Option, at the maturity of such a Lock you will have
the following options:
11) If you are still within the Draw Period, you can to-Lock the remaining Lock balance using the Fully Amortizing Lock option described
above.
(21 If you are still within the Draw Period, you can re-Lock the remaining Lock balance using the Reduced Payment Lock options
described above. However, you cannot choose a Reduced Payment Lock option that will mature later than 1 full month before Cho
originally scheduled end of your Draw Period.
13) You can roll the remaining balance of your Lock into your Credit Line at the standard Credit Line terms under this Agreement. If
you make no election, we will select this option for you. .
General Lock Provisions. You may have up to 6 Locks outstanding at any one lime but may not make additional advances to any one Lock
once established. The total outstanding balance on any Lock will not be subject to the "Credit Advances" and "Minimum Payment' section
of this Agreement. Your Minimum Payment due each month will be the sum of the payment amount for each Lock plus the minimum
payment amount for the balance of you Account which has not been designated as a Lock (the "Credit Line'), calculated using the formula
set forth in the 'Minimum Payment' section of this Agreement. Additional payments in any Lock may be made at any time but shall not
affect your obligation to pay succeeding Lock payments as long as any amour to still owing on the Lock. Any payment made upon your
outstanding principal balance in any Lock will be available on the Credit Line for you to draw against upon posting of such payment prior to
the maturity date. If your outstanding balance includes one or mote Locks as well as a balance on your Credit Line, unless you properly
designate otherwise on a payment coupon we provide you, then each additional payment we receive will be first applied to the Credit Una
until paid in full. Also, unless you properly designate otherwise on a payment coupon we provide you, it there is no Credit Line to which to
apply an additional principal payment, then the additional principal payment will be applied to the Lock first opened until paid in full.
Additional Lock payments will not affect your obligation to pay succeeding Lock payments as long as any amount is still owing on the Lock
unless we otherwise agree in writing.
Upon conversion, the converted outstanding balance will accrue interest at a fixed rate as calculated in the Rate Determination section and
as otherwise provided in this Agreement.
Conversion Fees. You will be required to pay the following fees at the time of conversion To a fixed rate: We may charge you $0.00 for
each Lock that we set up at your request.
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
* STATEMENT
Loan No: 426360325325 Wontinuedl
Page 4
Cancellation of Lock. If you later request that we cancel a Lock, we may permit you to do so if you agree to pay the Lock cancellation fee
that is in effect at the time of cancellation for each Lock you cancel. You will be required to sign an amendment to this Agreement which
will contain the amount of the agreed upon cancellation fee.
Rate Determination. The fixed rate will be determined as follows: We will start with the "Lock Index," which is the yield on V.S. Treasury
securities having a comparable period of maturity to the scheduled maturity of the requested Lock as of the 15th day of the month
immediately preceding the month in which you request your Lock. It the Lock Index becomes unavailable during the term of this
Agreement, we may designate a substitute index after notice to you. We will then add 10 percentage points to the Lock Index. Your fixed
lock rate Ithe "Fixed Lock Rate") will be the lowest of the following: the amount arrived at from the foregoing calculation, 21%, of the
maximum rate we are allowed to charge you at rho time of your lock under federal law, which for the purposes of 12 U.S.C. Section 85
incorporates Ohio law. We will then review the rates and terms available for a comparable Home Equity Loan offered by us at the time of
your request based upon a like ban to value ratio, loan term and your credit profile. In the case of a Reduced Payment Lock Option, we
will also consider the rate we might offer for a loan of a similar term. If, after that review we determine that we can offer you a lower rate
than the Fixed Lock Rate, we will give you the lower rate. We will provide a complete disclosure of the terms of the Lock at the time the
Lock is established.
Conditions Under Which Other Charges May Be Imposed. You agree to pay all the other lees and charges related to your Credit Line as set forth
below:
Annual Fee. The Annual Fee for the lirst year is waived. Thereafter, a nonrefundable Annual Fee of $ 50.00 will be charged to your Credit
Line beginning on your first anniversary date and will continue annually throughout the Draw Period.
Payment of Closing Costs, If you elect to charge your Credit Line Account to pay the closing costs associated with your Credit Line (such
as title insurance premiums, appraisal fees, credit report fees, and recording fees), the total of these charges will be reflected as 'closing
costs" on your first periodic billing statement.
Returned Items. You may be charged 825.00 if you pay your Credit Line obligations with a check, draft, or other item that is dishonored
for any reason.
Fee to Stop Payment. Your Credit Lino Account may be charged 815.00 when you request a stop payment on your account.
Overlimlt Charge, Your Credit Line Account may be charged 825.00 for each credit advance in excess of your Credit Limit. This includes
writing a credit line check in excess of your available balance.
Late Charges. Your payment will be late it it is not recerved by us within 1S days of the "Payment Due Date" shown on your periodic
statement. If your payment is late we may charge you 825.00.
Fee to Close Account. If you close or terminate your Credit Line Account, you may be charged the following: Your Credit Line Account
may be charged the lesser of 1 % of your Credit Line or 8400.00 if you close or terminate your Credit Line Account within three 13) years
from the Loan Date shown above. You will not be charged this fee it we suspend or terminate your Credit Line Account. You may prepay
your Credit Line Account without paying this fee as long as you do not close or terminate your Credit Line Account.
Lion Release Fess. In addition to all other charges, you agree, to the extent not prohibited by law, to pay all governmental fees for release
of our security interests in collateral securing your Credit Line. You will pay these fees at the time the lien or liens are released. The
estimated amount of these tenure lien release fees is 827.00.
Other Charges. Your Credit Line Account may be charged the following other charges:
Account Return Check Charge. We may charge you a fee for the return of a check because you are delinquent or in default in any
respect concerning the Credit Line Account. The amount of this other charge is: 25.00.
The charges listed in the following Security Interest Charges paragraph (it such paragraph is presentl are part of the closing or settlement
costs associated with your Credit Line.
Lender's Rights. Under this Agreement, we have the following rights:
Termination and Acceleration. We can terminate your Credit Line Account aril subject to any notice requirement or other limitation of
applicable law require you to pay us the entire outstanding balance in one payment, and charge you certain fees, if any of the following
happen:
(1) You commit fraud or make a material misrepresentation at any time in connection with this Credit Agreement. This can include, for
example, a false statement about your income, assets, liabilities, or any other aspects of your financial condition.
121 You do riot meet the repayment terms of this Credit Agreement.
(3) Your action or inaction adversely affects the collateral for the plan or our rights in the collateral. This can include, for example,
failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the
account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder
of another lien, or the use of funds or the dwelling for prohibited purposes.
Suspension or Reduction. In addition to any other rights we may have, we can suspend additional extensions of credit or reduce your
Credit Limit during any period in which any of the following are in effect:
0) The value of your property declines significantly below the property's appraised value for purposes of this Credit Line Account. This
includes. for example, a decline such that the irahial dilfenince between the Credit Limit and the available equity is reduced by fifty percent
and may include a smaller decline depending on the individual circumstances.
(2) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material
change in your financial circumstances.
i (3) You are In default under any material obligations of this Credit Line Account. We consider all of your obligations to be material.
Categories of material obligations include the events described above under Termination and Acceleration, obligations to pay fees and
charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the property or
proceeds, obligations to pay and perform the terms of any other deed of trust, mortgage or tease of the property, obligations to notify us
end to provide documents or information to us (such as updated financial Information), obligations to comply with applicable taws (such as
zoning restrictions), and obligations of any comaker. No default will occur until we mail or deliver a notice of default to you, so you Can
restore your right to credit advances.
(4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement.
15) The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is
less than one hundred twenty percent (120%) of the Credit Limit.
(6) We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice
Change In Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time, if the change
will unequivocally benefit you throughout the remainder of your Credit Line Account, or if the change is insignificant Isuch as changes
relating to our data processing systems). If the Index is no longer available, we will choose a new Index and margin. The new Index will
have an historical movement substantially similar to the original Index, and the new Index and margin will result in an ANNUAL
PERCENTAGE RATE that is substantially similar to the rate in effect at the time the original index becomes unavailable. We may prohibit
additional extensions of credit or reduce your Credit Limit during any period in which the maximum ANNUAL PERCENTAGE RATE under
your Credit Line Account is reached.
Expenses. To the extent not prohibited by applicable law, ell reasonable expenses Lender incurs that in Lender's opinion are necessary at
any time for the protection of Its interest or the enforcement of its rights, shall become a part of the loan payable on demand, and shall
bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's expenses tar bankruptcy proceedings lincluding efforts to modify or vacate the
automatic stay or injunction) and appeals, to the extent permitted by applicable law.
Access Devices. It your Credit Line is suspended or terminated, you must immediately return to us all credit line checks and any other
access devices. Any use of credit line checks or other access devices following suspension or termination may be considered fraudulent.
You will also remain liable for any further use of credit line checks or other Credit Line access devices not returned to us.
Delay In Enforcement. We may delay or waive the enforcement of any of our rights under this Agreement without losing that right or any other
right. If we delay or waive any of our rights, we may enforce that right at any time in the future without advance notice. For example, not
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 428380325325 STATEMENT
ICOnt)flued) Page 5
terminating your account for ton-payment win not be a waiver of our right to terminate your account in the future if you have not paid.
Cancellation by you. If you cancel your right to credit advances under this Agreement, you must notify us and return all credit line checks and
any other access devices to us. Despite cancellation, your obligations under this Agreement will remain in full force and effect until you have
paid us all amounts due under this Agreement.
Prepayment, You may prepay all or any amount owing under this Credit Line at any time without penalty. except we will be entitled to receive
all accrued FINANCE CHARGES, and other charges, if any, Payments in excess of your Mmemurn Payment will not relieve you of your obligation
to continue to make your Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. You agree not to send
us payments marked 'paid in full", "without recourse", or similar language. If you send such a payment, we may accept it without losing any of
our rights under this Agreement, and you will remain obligated to pay any further amount owed to us. All written communications concerning
disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full' of the amount
owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to
JPMorgan Chase Bank, N.A., P.O. Sox 901008 Fort Worth, TX 76101.2008.
Notices. All notices will be sent to your address as shown in this Agreement. Notices will be mailed to you at a different address if you give us
written notice of a different address. You agree to advise us promptly If you change your mailing address.
Credit Information and Related Mattes. You authorize us to release Information about you to third parties as described in our privacy policy and
our Fair Credit Reporting Act notice, provided you did not opt out of the applicable policy, or as permitted by law. You agree that. upon our
request, you will provide us with a current financial statement, a new credit application, or both, on forms provided by us. You also agree we
may obtain credit reports on you at any time, at our sole option and expense, for any reason, including but not limited to determining whether
there has been on adverse change in your financial condition. We may require a new appraisal of the Property which secures your Credit Line at
any time, including an internal inspection, at our sole option and expense.
Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or transfer your Credit Line Account and our
rights and obligations under this Agreement to another lender, entity, or person, and to assign our rights under the Mortgage. Your rights under
this Agreement belong to you only and may not be transferred or assigned. Your obligations, however, are binding on your heirs and legal
representatives. Upon any such sale or transfer, we will have no further obligation to provide you with credit advances or to perform any other
obligation under this Agreement.
Tax Consequences. You understand that neither we, nor any of our employees or agents, make any representation or warranty whatsoever
concerning the tax consequences of your establishing and using your Credit Line, including the deductibility of interest, and that neither we nor
our employees or agents will be liable in the event interest on your Credit Line is not deductible. You should consult your own tax advisor for
guidance on this subject.
Notify Ue of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us if we report any inaccurate information about
your accountls) to a consumer reporting agency. Your written notice describing the specific inaccuracylies) should be sent to us at the
following address: JPMorgan Chase Bank, N.A. P.O. Box 801008 Fort Worth , TX 76101.2008
Periodic Review. We will conduct a periodic review of your Credit Line Account, based on credit and financial information we may obtain or
receive from you from time to time.
Collection Costs. It you are in default under the terms of this Agreement, we may take all lawful action under applicable law to collect the
money you owe us. It is our intent to collect only those attorney's fees, and those expenses, court and collection costs permitted by the laws
of your state and the United States (including the bankruptcy laws of the United States). You agree to pay only those collection costs and
attorney's fees that we actually incur an that we may lawfully collect from you. If the laws of your state will not let us collect all or some of
these collection costa and attorney's tees from you, we will not de so. To the extent the laws of your state prohibit us from contracting with
you to collect such tees or costs or prohibit us from including this provision in your agreement with us, this provision is severed from this
Agreement, is of no force and effect and your contract will be read and interpreted without this provision except to the extent federal law may
now or hereafter preempt the law of your state.
FOREIGN TRANSACTIONS, Lender will charge, and Borrower win pay, in U.S. dollars for all foreign transactions at the exchange rate in effect at
the time the transaction is entered to Borrower's Credit Line Account, including any special currency exchange charges.
IDENTITY OF LENDER, Lender is JPMorgan Chase Bank, N.A., a national banking association organized and existing under the taws of the
United Status of America, with its main offices located in Columbus. Ohio.
Check Safekeeping. Lender will retain your cancelled Credit Line Checks, and will not return them with your Credit Line Account statement. You
agree that your cancelled Credit Line Checks will not be returned in your statement and that the original cancelled Credit Line Checks may be
destroyed after a reasonable period of time as determined by Lender. You agree that by maintaining the original Credit Line Check or a copy
thereof on your behalf. Lender has otherwise made the Credit Lira Check available to you in a reasonable manner. You may request a copy of
any cancelled Credit Line Check. If for any reason Lender cannot return a copy of your Credit Line Check or satisfy your needs through other
means, you agree that Lender will not be liable for more than the face amount of the Credit Line Check.
Information Sharing, Our privacy policy, which has been provided to you describes our information sharing practices and gives directions on how
to opt out, or direct us to limit the sharing of Personal Information (as defined in the privacy policy) about you with other companies or
organizations. You hereby agree that, if you choose not to exercise the opt outs described in the privacy policy, you will be deemed to have
authorized us to share any Personal Information about you (including information related to any of the products or services you may have with
any JPMorgan Chase & Co. affiliate) with other companies or other organizations.
Supplement to Charges to your Credit Line. If you do not pay the fees and charges for which you are obligated or that we may charge under the
terms of this Agreement at the time you are required to pay them, we have the right, but not the obligation, to charge your Credit Line for those
past due fees and charges to the extent permitted by the law governing this transaction. Any amount so charged to your Credit Lira will be a
credit advance, bear interest at the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE until paid, and will decrease the funds
available, if any, under the Credit Line. This paragraph supplements and amens but does not replace the Charges to your Credit Line
paragraph.
Stop Payments. You may ask us to 'stop payment' on a credit line check. If you do, you must tell us the name of the payee, the amount, date
and number of the credit line check and who signed it. We are not bound by a stop payment order unless we have a reasonable opportunity to
act on it and will not be liable for failing to stop payment if we used ordinary care. You agree to indemnify us and will pay all costs and
expenses we incur (including reasonable attorney fees) as a result of honoring your stop payment order. This indemnity will survive any
termination of this Agreement. You agree to pay the fee indicated in the Conditions Under Which Other Charges May Be Imposed section of this
document for each request to 'stop payment" on a credit line check,
CREDIT CARD ACCESS. Notwithstanding anything contained in this Agreement to the contrary, credit card access may not be available in your
state. It credit card access is permitted In your state an becomes available, we will so advise you an will issue a credit card to you upon your
request. Any credit card issued in connection with the Home Equity Line of Credit account is NOT a debit card. The words 'credit card" as
used in this Agreement mean the VISA or MasterCard that may be issued to you as an access device to your Credit Line Account. VISA its a
registered service mark of Visa. U.S.A., Inc. MasterCard is a registered service mark of MasterCard International Incorporated.
Additional Restriction on Access Devices. You may not use your credit line checks, your credit card, or any other credit access device made
available to make payments on your Credit Line Account.
Governing Law. This agreement will be governed by and interpreted in accordance with federal law and the laws of the State of Pennsylvania,
except for matters related to interest and the exportation of interest, which matters will be governed by and interpreted in accordance with
federal law fincluding, but not limited to, statutes, regulations, interpretations, and opinions) and laws of the State of Ohio. However, if there
ever is a question about whether any provision of the agreement is valid or enforceable, the provision that is questioned will be governed by
whichever state or federal law would find the provision to be valid and enforceable. The ban transaction which is evidenced by this and other
related documents has been approved, made and funded, and all necessary documents have been accepted by Lender in the State of Ohio.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the
provisions of this Agreement.
Interpretation. You agree that this Agreement, together with the Mortgage, is the best evidence of your agreements with us. If we go to court
for any reason, we can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to
prove what you owe us or that a transaction has taken place. The dopy, microfilm, microfiche, or optical image will have the same validity as
the original. You agree that, except to the extent you can show there is a billing error, your most current periodic statement is the best
evidence of your obligation to pay.
Severabillty. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 426360326325 STATEMENT
IConflnued) Page 6
rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a
provision of this Agreement may be found to be invalid or unenforceable.
Acknowledgment. You understand and agree to the terms and conditions in this Agreement. By signing this Agreement, you acknowledge that
you have read this Agreement. You also acknowledge receipt of a completed copy of this Agreement, including the Fair Credit Billing Notice and
the early home equity line of credit application disclosure, in addition to the handbook entitled "When Your Home Is On the Line: What You
Should Know About Home Equity Lines of Credit," given with the application.
This Agreement is dated January 26. 2007.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF SEALED INSTRUMENT ACCORDING TO LAW.
60RF 0 : A
X 11"' ??? /? tbeaq
WILLRK U VA In aµy
Effective Disbursement Date: The Tirst business day after January 30 2007
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
STATEMENT
Loan No: 426360325325 ICorltinued)
Page 7
BILLING ERROR RIGHTS
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Notify us in case of errors or questions about your bill.
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at
JPMorgan Chase Bank, N.A.
Credt Line BNitg Notleas
P.O. Box 801005
Fort Worth, TX 76101.2005
or at the address listed on your bill. Writs to us es soon as possible. We must hear from you r later than sixty Ifi01 days after we sent you the
first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can. why you believe there is an error. If you need more information, describe the item you are
not sure about.
It you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you
think is wrong. To stop the payment, your letter must reach us three 13) business days before the automatic payment is scheduled to occur.
Your rights and our responsibilities after we receive your written notice.
We must acknowledge your letter within thirty 130) days, unless we have corrected the error by then. Within ninety 190) days, we must either
correct the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the
amount you question, including finance charges, and we can apply any unpaid amount against your Credit Limit. You do not have to pay any
questioned amount while we are investigating, but you are still obligated to pay the ports of your bill that are not in question.
11 we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. It we didn't
make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount, In either
case, we will send you a statement of the amount you owe and the date on which it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy You and
you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about
your bill. And, we must tell you the name of anyone we reported you to, We must tell anyone we report you to that the matter has been
settled between us when it finally is.
if we don't follow these rules, we can't collect the first $50 of the questioned amount, even If your bill was correct.
Special Rule for Credit Card Purchases
If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct
the problem with the merchant, you may have the tight not to pay the remaining amount due on the property or services. There are two
limitations on this right:
(a) You must have made the purchase in your home state or, if not within your home state within 100 miles of your current mailing
address. and
(b) The purchase price must have been more than $50.00.
These limitations do not apply if we own or operate the merchant. or If we mailed you the advertisement of the property or services.
ufl?„y u.`?. ,,?. f.,?Nw cw. MnM,rywr tM,rw,. ,,..tit. nit. -w • W-K lrelMFCIxIRMM.rc n.ynlrlf lnM,--
I %
9bS3 ) C? I
Parcel Identification
Number:
42-30-2114-005
Prepared By:
VALERIE JARAMILLO
PROCESSOR
JPMORGAN CHASE
BANK, NA
1820 E SKY
HARBOR CIRCLE
SOUTH
PHOENIX, AZ 85034
r -
4743729+1 00426360325325
COLEMAN, WILLIAM
DEED OF TRUST I MORTGAGE
WHEN RECORDED MAIL
TO:
JPMorgan Chase
Bank, N.A.
Retail Loan Servicing
K Y2-1606
P.O. Box 11606
Lexington, KY
40576-1606
P';9ER7 P. ZIE'LER
-RECCRDER OF 1EE0S
C'1N3ERLAt,,0 COUNTY-M
207 FEB 8 RM 11 50
11
FOR RECORDER'S USE ONLY
OPEN - END MORTGAGE
THIS MORTGAGE SECURES FUTURE ADVANCES
MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid
balances of advances and other extensions of credit, secured by the Mortgage made for the
payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred
for the protection of the mortgaged premises shall not exceed at any one time $32,000.00.
BK 198 [PG46A 3
MORTGAGE Page 2
Loan No: 426360325325 (Continuedl
THIS MORTGAGE dated January 26, 2007, is made and executed between WILLIAM K
COLEMAN, A SINGLE MAN, whose address is 12 W LISBURN RD, MECHANICSBURG, PA
17055 (referred to below as "Grantor") and JPMorgan Chase Bank, NA, whose address is
1111 Polaris Parkway, Columbus, OH 43240 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys,
assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and
interest in and to the following described real property, together with all existing or
subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys,
passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter,
and the reversions and remainders with respect thereto; all water, water rights, watercourses
and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights,
royalties, and profits relating to the real property, including without limitation all minerals, oil,
gas, geothermal and similar matters, (the "Real Property") located in CUMBERLAND County,
Commonwealth of Pennsylvania:
ALL THAT CERTAIN TRACT SITUATE IN VILLAGE OF BOWMANSDALE, TOWNSHIP OF
UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA,
BEING DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER OF LOT 6 AND WEST MAIN
STREET; THENCE BY SAID LOT, NORTH 18 DEGREES WEST, A DISTANCE OF 150 FEET
TO SUMMIT ALLEY; THENCE BY SAID ALLEY, SOUTH 72 DEGREES WEST, A DISTANCE
OF 40 FEET TO LOT 8; THENCE BY SAID LOT, SOUTH 18 DEGREES EAST, A DISTANCE
OF 150 FEET TO MAIN STREET; THENCE BY SAID STREET, NORTH 72 DEGREES EAST, A
DISTANCE OF 40 FEET TO THE PLACE OF BEGINNING. BEING LOT 7 IN THE GENERAL
PLAN OF THE VILLAGE OF BOWMANSDALE, OF WHICH THE ABOVE DISTANCE IN FEET
IS UNDERSTOOD TO BE MORE OR LESS, HAVING THEREON ERECTED A 2 AND
ONE-HALF STORY FRAME DWELLING KNOWN AND MUNICIPALLY NUMBERED AS 12
WEST LISBURN ROAD, BOWMANSDALE PA 17008 AND BEING PARCEL ID:
42-30-2114-005.
The Real Property or its address is commonly known as 12 W LISBURN RD, MECHANICSBURG,
PA 17055. The Real Property parcel identification number is 42-30-2114-005. The Real
Property tax identification number is 42-30-2114-005.
REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the
Indebtedness definhion, and without limitation, this Mortgage secures a revolving line of credit,
which obligates Lender to make advances to Grantor unless Grantor fails to comply with atl the
terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to
time, subject to the limitation that the total outstanding balance owing at any one time, not
including finance charges on such balance at a fixed or variable rate or sum as provided in the
Credit Agreement, any temporary overages, other charges, and any amounts expended or
advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed
BK 198 1 PG 4 6.4 4
MORTGAGE Page 3
Loan No: 426360325325 (Continued)
the Credit Limit as provided in the Credit Agreement. It Is the intention of Grantor and Lender
that this Mortgage secures the balance outstanding under the Credit Agreement from time to
time from zero up to the Credit Limit as provided in this Mortgage and any intermediate balance,
plus interest.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present
and future leases of the Property and all Rents from the Property. In addition, Grantor grants to
Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST
IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE
INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND
OBLIGATIONS UNDER THE CREDIT AGREEMENT WITH THE CREDIT LIMIT OF $32,000.00,
THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall
pay to Lender all amounts secured by this Mortgage as they become due and shall strictly
perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's
possession and use of the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain
in possession and control of the Property; (2) use, operate or manage the Property; and
(3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly
perform all repairs, replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1)
During the period of Grantor's ownership of the Property, there has been no use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any
Hazardous Substance by any person on, under, about or from the Property; (2) Grantor
has no knowledge of, or reason to believe that there has been, except as previously
disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal,
release or threatened release of any Hazardous Substance on, under, about or from the
Property by any prior owners or occupants of the Property, or (c) any actual or threatened
litigation or claims of any kind by any person relating to such matters; and 13) Except as
previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any
tenant, contractor, agent or other authorized user of the Property shall use, generate,
manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about
or from the Property;.and (b) any such activity shall be conducted in compliance with all
applicable federal, state, and local laws, regulations and ordinances, including without
B1{1981P64645
MORTGAGE
Loan No: 426360325325 lContinued)
Page 4
limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon
the Property to make such inspections and tests, at Grantor's expense, as Lender may
deem appropriate to determine compliance of the Property with this section of the
Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and
shall not be construed to create any responsibility or liability on the part of Lender to
Grantor or to any other person. The representations and warranties contained herein are
based on Grantor's due diligence in investigating the Property for Hazardous Substances.
Grantor hereby (1) releases and waives any future claims against Lender for indemnity or
contribution in the event Grantor becomes liable for cleanup or other costs under any such
laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims,
losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly
sustain or suffer resulting from a breach of this section of the Mortgage or as a
consequence of any use, generation, manufacture, storage, disposal, release or threatened
release occurring prior to Grantor's ownership or interest in the Property, whether or not
the same was or should have been known to Grantor. The provisions of this section of the
Mortgage, including the obligation to indemnify, shall survive the payment of the
Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall
not be affected by Lender's acquisition of any interest in the Property, whether by
foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit,
permit, or suffer any stripping of or waste on or to the Property or any portion of the
Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant
to any other party the right to remove, any timber, minerals (including oil and gas), coal,
clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from
the heal Property without Lender's prior written consent. As a condition to the removal of
any Improvements, Lender may require Grantor to make arrangements satisfactory to
Lender to replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon
the Real Property at all reasonable times to attend to Lender's interests and to inspect the
Real Property for purposes of Grantor's compliance with the terms and conditions of this
Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws,
ordinances, and regulations, now or hereafter in effect, of all governmental authorities
applicable to the use or occupancy of the Property. Grantor may contest in good faith any
such law, ordinance, or regulation and withhold compliance during any proceeding,
including appropriate appeals, so long as Grantor has notified Lender in writing prior to
doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not
jeopardized. Lender may require Grantor to post adequate security or a surety bond,
BRAH981PG4646
MORTGAGE Page 5
Loan No: 426360325325 (Continued!
reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property.
Grantor shall do all other acts, in addition to those acts set forth above in this section,
which from the character and use of the Property are reasonably necessary to protect and
preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately
due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's
prior written consent, of all or any part of the Real Property, or any interest in the Real
Property. A "sale or transfer" means the conveyance of Real Property or any right, title or
interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or
involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by
sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the
Real Property, or by any other method of conveyance of an interest in the Real Property.
However, this option shall not be exercised by Lender if such exercise is prohibited by federal
law or by Pennsylvania law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are
part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes,
payroll taxes, special taxes, assessments, water charges and sewer service charges levied
against or on account of the Property, and shall pay when due all claims for work done on
or for services rendered or material furnished to the Property. Grantor shall maintain the
Property free of any liens having priority over or equal to the interest of Lender under this
Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens
specifically agreed to in writing by Lender, and except for the lien of taxes and assessments
not due as further specified in the Right to Contest paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in
connection with a good faith dispute over the obligation to pay, so long as Lender's interest
in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen
(15) days after Grantor has notice of the filing, secure the discharge of the lien, or if
requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any
costs and permissible fees, or other charges that could accrue as a result of a foreclosure or
sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy
any adverse judgment before enforcement against the Property. Grantor shall name Lender
as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of
8K1981PG4647
MORTGAGE Page 6
Loan No: 426360325325 (Continued)
payment of the taxes or assessments and shall authorize the appropriate governmental
official to deliver to Lender at any time a written statement of the taxes and assessments
against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any
work is commenced, any services are furnished, or any materials are supplied to the
Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
account of the work, services, or materials. Grantor will upon request of Lender furnish to
Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of
such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property
are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with
standard extended coverage endorsements on a replacement basis for the full insurable
value covering all Improvements on the Real Property in an amount sufficient to avoid
application of any coinsurance clause, and with a standard mortgagee clause in favor of
Lender. Policies shall be written by such insurance companies and in such form as may be
reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage
from each insurer containing a stipulation that coverage will not be cancelled or diminished
without a minimum of ten (10) days' prior written notice to Lender and not containing any
disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also
shall include an endorsement providing that coverage in favor of Lender will not be impaired
in any way by any act, omission or default of Grantor or any other person. Should the Real
Property be located in an area designated by the Director of the Federal Emergency
Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain
Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the
Property is located in a special flood hazard area, for the maximum amount of your credit
line and the full unpaid principal balance of any prior liens on the property securing the loan,
up to the maximum policy limits set under the National Flood Insurance Program, or as
otherwise required by Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the
Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of
the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's
election, receive and retain the proceeds of any insurance and apply the proceeds to the
reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration
and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,
Grantor shall repair or replace the damaged or destroyed Improvements in a manner
satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if
Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
BK 1981 PG4648
MORTGAGE Page 7
Loan No: 426360325325 (Continued)
within 180 days after their receipt and which Lender has not committed to the repair or
restoration of the Property shall be used first to pay any amount owing to Lender under this
Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the
principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of
the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
Compliance with Existing Indebtedness. During the period in which any Existing
Indebtedness described below is in effect, compliance with the insurance provisions
contained in the instrument evidencing such Existing Indebtedness shall constitute
compliance with the insurance provisions under this Mortgage, to the extent compliance
with the terms of this Mortgage would constitute a duplication of insurance requirement. If
any proceeds from the insurance become payable on loss, the provisions in this Mortgage
for division of proceeds shall apply only to that portion of the proceeds not payable to the
holder of the Existing Indebtedness.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens,
security interests, encumbrances, and other claims (B) to provide any required insurance on
the Property, or (C) to make repairs to the Property or to comply with any obligation to
maintain Existing indebtedness in good standing as required below, then Lender may do so. If
any action or proceeding is commenced that would materially affect Lender's interests in the
Property, then Lender on Grantor's behalf may, but is not required to, take any action that
Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by
Lender for such purposes will then bear interest at the rate charged under the Credit Agreement
from the date incurred or paid by Lender to the date of repayment by Grantor. All such
expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable
on demand; (B) be added to the balance of the Credit Agreement and be apportioned among
and be payable with any installment payments to become due during either (1) the term of any
applicable insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be
treated as a balloon payment which will be due and payable at the Credit Agreement's maturity.
The Property also will secure payment of these amounts. The rights provided for in this
paragraph shall be in addition to any other rights or any remedies to which Lender may be
entitled on account of any default. Any such action by Lender shall not be construed as curing
the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's
obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure
judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the
Property area part of this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the
Property in fee simple, free and clear of all liens and encumbrances other than those set
forth in the Real Property description or in the Existing Indebtedness section below or in any
title insurance policy, title report, or final title opinion issued in favor of, and accepted by,
BK 1981 P64649
MORTGAGE Page 8
Loan No: 426360325325 (Continued)
Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and
authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and
will forever defend the title to the Property against the lawful'claims of all persons. In the
event any action or proceeding is commenced that questions Grantor's title or the interest
of Lender under this Mortgage. Grantor shall defend the action at Grantor's expense.
Grantor may be the nominal party in such proceeding, but Lender shall be entitled to
participate in the proceeding and to be represented in the proceeding by counsel of Lender's
own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments
as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the
Property complies with all existing applicable laws, ordinances, and regulations of
governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this
Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in
nature and shall remain in full force and effect until such time as Grantor's Indebtedness is
paid in full.
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a
part of this Mortgage:
Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and
inferior to the lien securing payment of an existing obligation. The existing obligation has a
current principal balance of approximately $51471. Grantor expressly covenants and
agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any
default on such indebtedness, any default under the instruments evidencing such
indebtedness, or any default under any security documents for such indebtedness.
No Modification. Grantor shall not enter into any agreement with the holder of any
mortgage or other security agreement which has priority over this Mortgage by which that
agreement is modified, amended, extended, or renewed without the prior written consent of
Lender. Grantor shall neither request nor accept any future advances under any such
security agreement without the prior written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of
this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify
Lender in writing, and Grantor shall promptly take such steps as may be necessary to
defend the action and obtain the award. Grantor may be the nominal party in such
proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grantor will deliver or
BK;1981 P64650'
MORTGAGE Page 9
Loan No: 426360325325 (Continued)
cause to be delivered to Lender such instruments and documentation as may be requested
by Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent
domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may
at its election require that all or any portion of the net proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property. The net proceeds of the
award shall mean the award after payment of all actual costs, expenses, and attorneys' fees
incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The
following provisions relating to governmental taxes, fees and charges are a part of this
Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such
documents in addition to this Mortgage and take whatever other action is requested by
Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse
Lender for all taxes, as described below, together with all expenses incurred in recording,
perfecting or continuing this Mortgage, including without limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax
upon this type of Mortgage or upon all or any part of the Indebtedness secured by this
Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct
from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this
type of Mortgage chargeable against the Lender or the holder of the Credit Agreement; and
(4) a specific tax on all or any portion of the Indebtedness or on payments of principal and
interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the
date of this Mortgage, this event shall have the same effect as an Event of Default, and
Lender may exercise any or all of its available remedies for an Event of Default as provided
below unless Grantor either (1) pays the tax before it becomes delinquent, or (2)
contests the tax as provided above in the Taxes and Liens section and deposits with Lender
cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this
Mortgage as a security agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent
any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured
party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and
take whatever other action is requested by Lender to perfect and continue Lender's security
0111"19 8 1 PG 4 6 5 !
MORTGAGE Page 10
Loan No: 426360325325 (Continued)
interest in the Personal Property. In addition to recording this Mortgage in the real property
records, Lender may, at any time and without further authorization from Grantor, file
executed counterparts, copies or reproductions of this Mortgage as a financing statement.
Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this
security interest. Upon default, Grantor shall assemble the Personal Property in a manner
and at a place reasonably convenient to Grantor and Lender and make it available to Lender
within three 13) days after receipt of written demand from Lender.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from
which information concerning the security interest granted by this Mortgage may be
obtained (each as required by the Uniform Commercial Code) are as stated on the first page
of this Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further
assurances and attorney-in-fact are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor
will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or
to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may
deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instruments of further
assurance,, certificates, and other documents as may, in the sole opinion of Lender, be
necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1)
Grantor's obligations under the Credit Agreement, this Mortgage, and the Related
Documents, and (2) the liens and security interests created by this Mortgage on the
Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law
or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and
expenses incurred in connection with the matters referred to in this paragraph.
Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding
paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For
such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for
the purpose of making, executing, delivering, filing, recording, and doing all other things as
may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred
to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, terminates the credit line
account, and otherwise performs all the obligations imposed upon Grantor under this Mortgage,
Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable
statements of termination of any financing statement on file evidencing Lender's security
interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law,
any reasonable termination fee as determined by Lender from time to time.
61(''1981 PG4652
MORTGAGE Page 11
Loan No: 426360325325 (Continued)
EVENTS OF DEFAULT. Grantor will be in default under this Mortgage if any of the following
happen:
(A) Grantor commits fraud or makes a material misrepresentation at any time in
connection with the Credit Agreement. This can include, for example, a false statement about
Grantor's income, assets, liabilities, or any other aspects of Grantor's financial condition.
(B) Grantor does not meet the repayment terms of the Credit Agreement.
(3) Grantor's action or inaction adversely affects the collateral or Lender's rights in the
collateral. This can include, for example, failure to maintain required insurance, waste or
destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account,
transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without our
Oermission, foreclosure by the holder of another lien, or the use of funds or the dwelling for
prohibited purposes.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any
time thereafter, Lender, at Lender's option, may exercise any one or more of the following
rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices
as required by applicable law, to declare the entire Indebtedness immediately due and
payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have
all the rights and remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Subject to applicable law Lender shall have the right, without notice to
Grantor, to take possession of the Property and collect the Rents, including amounts past
due and unpaid, and apply the net proceeds, over and above Lender's costs, against the
Indebtedness. In furtherance of this right, Lender may require any tenant or other user of
the Property to make payments of rent or use fees directly to Lender. If the Rents are
collected by Lender, then Grantor irrevocably designates Lender as Grantor's
attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor
and to negotiate the same and collect the proceeds. Payments by tenants or other users to
Lender in response to Lender's demand shall satisfy the obligations for which the payments
are made, whether or not any proper grounds for the demand existed. Lender may exercise
its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take
possession of all or any part of the Property, with the power to protect and preserve the
Property, to operate the Property preceding foreclosure or sale, and to collect the Rents
from the Property and apply the proceeds, over and above the cost of the receivership,
against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value
BKI981PG4653
MORTGAGE page 12
Loan No: 426360325325 (Continued)
of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender
shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all
or any part of the Property.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in
all or in any part of the Personal Property or the Real Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the
Indebtedness due to Lender after application of all amounts received from the exercise of
the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property
is sold as provided above or Lender otherwise becomes entitled to possession of the
Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or
the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable
rental for the use of the Property, or (2) vacate the Property immediately upon the demand
of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage
or the Credit Agreement or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any
and all right to have the Property marshalled. In exercising its rights and remedies, Lender
shall be free to sell all or any part of the Property together or separately, in one sale or by
separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the
Property.
Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any
public sale of the Personal Property or of the time after which any private sale or other
intended disposition of the Personal Property is to be made. Unless otherwise required by
applicable law, reasonable notice shall mean notice given at least ten 410) days before the
time of the sale or disposition.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be
exercised alone or together. An election by Lender to choose any one remedy will not bar
Lender from using any other remedy. If Lender decides to spend money or to perform any
of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision
by Lender will not affect Lender's right to declare Grantor in default and to exercise
Lender's remedies.
Expenses. To the extent not prohibited by applicable law, all reasonable expenses Lender
incurs that in Lender's opinion are necessary at any time for the protection of its interest or
the enforcement of its rights, shall become a part of the loan payable on demand, and shall
bear interest at the Note rate from the date of expenditure until repaid. Expenses covered
B K I 981 P64654
MORTGAGE Page 13
Loan No: 426360325325 (Continued)
by this paragraph include, without limitation, however subject to any limits under applicable
law, Lender's expenses for bankruptcy proceedings (including efforts to modify or vacate
the automatic stay or injunction) and appeals, to the extent permitted by applicable law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under
this Mortgage ,shall be given in writing, and shall be effective when actually delivered, when
actually received by telefacsimile (unless otherwise required by law), when deposited with a
nationally recognized overnight courier, or, if mailed, when deposited in the United States mail,
as first class, certified or registered mail postage prepaid, directed to the addresses shown near
the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien
which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at.
seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any
person may change his or her address for notices under this Mortgage by giving formal written
notice to the other person or persons, specifying that the purpose of the notice is to change the
person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of
Grantor's current address. Unless otherwise provided by applicable law, if there is more than
one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all
Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
Notwithstanding the foregoing, the address for notice for Lender is: JPMorgan Chase Bank,
N.A., P.O. Box 901008, Fort Worth, TX 76101-2008.
IDENTITY OF LENDER. Lender is JPMorgan Chase Bank, N.A., a national banking association
organized and existing under the laws of the United States of America, with its main offices
located in Columbus, Ohio.
NON-WAIVER. A waiver by any party of a breach of a provision of this Mortgage shalt not
constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with
that provision or any other provision.
SUPPLEMENT TO PERSONAL PROPERTY DEFINITION. It is the intention of Lender only to take
a security interest in and retain a lien on that personal property considered fixtures under the
Uniform Commercial Code as adopted in the jurisdiction where this Mortgage is filed of record
as same may be amended from time to time or such other statute of such jurisdiction that
defines property affixed to real estate and no other personal property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately
due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's
prior written consent, of all or any part of the Real Property, or any interest in the Real
Property. A "sale or transfer" means the conveyance of Real Property or any right, title or
interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or
involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by
sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the
Real Property, or by any other method of conveyance of an interest in the Real Property.
BK1 9 8 1 PG 4 6 5 5'
MORTGAGE Page 14
Loan No: 426360325325 (Continued)
However, this option shall not be exercised by Lender if such exercise is prohibited by
applicable federal or state law.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this
Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's
entire agreement with Lender concerning the matters covered by this Mortgage. To be
effective, any change or amendment to this Mortgage must be in writing and must be
signed by whoever will be bound or obligated by the change or amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only
and are not to be used to interpret or define the provisions of this Mortgage.
Governing Law. This agreement will be governed by and interpreted in accordance with
federal law and the laws of the State of Pennsylvania except for matters related to: (1)
interest and the exportation of interest, which will be governed by and interpreted in
accordance with federal law (including, but not limited to, statutes, regulations,
interpretations, and opinions) and the laws of the State of Ohio; and (2) the validity and
enforcement of Lender's security interest in the Property, which will be governed by the
laws of the State where the Property is located. However, if there ever is a question about
whether any provision of the agreement is valid or enforceable, the provision that is
questioned will be governed by whichever of the governing state or federal laws that would
find the provision to be valid and enforceable. The loan transaction which is evidenced by
this and other related documents has been approved, made and funded, and all necessary
documents have been accepted by Lender in the State of Ohio.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights
under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits
to exercise any right will not mean that Lender has given up that right. If Lender does agree
in writing to give up one of Lender's rights, that does not mean Grantor will not have to
comply with the other provisions of this Mortgage. Grantor also understands that if Lender
does consent to a request, that does not mean that Grantor will not have to get Lender's
consent again it the situation happens again. Grantor further understands that just because
Lender consents to one or more of Grantor's requests, that does not mean Lender will be
required to consent to any of Grantor's future requests. Grantor waives presentment,
demand for payment, protest, and notice of dishonor.
Severabifity. If a court finds that any provision of this Mortgage is not valid or should not
be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid
or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even
if a provision of this Mortgage may be found to be invalid or unenforceable.
Merger. There shall be no merger of the interest or estate created by this Mortgage with
any other interest or estate in the Property at any time held by or for the benefit of Lender
OK I 98-1 PG 4 6 5 6
MORTGAGE Page 15
Loan No: 426360325325 (Continued)
in any capacity, without the written consent of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon
Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable
by Lender and its successors and assigns.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following words shall have the following meanings when used in this
Mortgage:
Borrower. The word "Borrower" means WILLIAM K COLEMAN, and all other persons and
entities signing the Credit Agreement.
Credit Agreement. The words "Credit Agreement" mean the credit agreement dated
January 26, 2007, in the original principal amount of $32,000.00 from Grantor to Lender,
together with all renewals of, extensions of, modifications of, refinancings of,
consolidations of, and substitutions for the promissory note or agreement. The maturity
date of this Mortgage is January 26, 2037.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and
local statutes, regulations and ordinances relating to the protection of human health or the
environment, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq.
("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.
99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at
seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or
other applicable state or federal taws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth
in this Mortgage in the events of default section of this Mortgage.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness
described in the Existing Liens provision of this Mortgage.
Grantor. The word "Grantor" means WILLIAM K COLEMAN.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because
of their quantity, concentration or physical, chemical or infectious characteristics, may
cause or pose a present or potential hazard to human health or the environment when
improperly used, treated, stored, disposed of, generated, manufactured, transported or
otherwise handled. The words "Hazardous Substances" are used in their very broadest
sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term "Hazardous
Substances" also includes, without limitation, petroleum and petroleum by-products or any
fraction thereof and asbestos.
UK'1'981 PG4657'
MORTGAGE Page 16
Loan No: 426360325325 (Continued)
Improvements. The word "Improvements" means all existing and future improvements,
buildings, structures, mobile homes affixed on the Real Property, facilities, additions,
replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts,
costs and expenses payable under the Credit Agreement or Related Documents, together
with all renewals of, extensions of, modifications of, consolidations of and substitutions for
the Credit Agreement or Related Documents and any amounts expended or advanced by
Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce
Grantor's obligations under this Mortgage, together with interest on such amounts as
provided in this Mortgage. The liens and security interests created pursuant to this
Mortgage covering the Indebtedness which may be created in the future shall relate back to
the date of this Mortgage. In addition, and without limitation, the term "Indebtedness"
includes all amounts identified in the Revolving Line of Credit paragraph of this Mortgage.
However, the term "Indebtedness" is subject to the limitations identified in the Maximum
Lien section of this Mortgage.
Lender. The word "Lender" means JPMorgan Chase Bank, NA, its successors and assigns.
The words "successors or assigns" mean any person or company that acquires any-interest
in the Credit Agreement.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other
articles of personal property now or hereafter owned by Grantor, and now or hereafter
attached or affixed to the Real Property; together with all accessions, parts, and additions
to, all replacements of, and all substitutions for, any of such property; and together with all
proceeds (including without limitation all insurance proceeds and refunds of premiums) from
any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal
Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as
further described in this Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit
agreements, loan agreements, environmental agreements, guaranties, security agreements,
mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with
the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues,
royalties, profits, and other benefits derived from the Property.
K19 8 1 PG*4 6 5 8
MORTGAGE Page 17
Loan No: 426360325325 (Continued)
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,
AND GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS
AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING
TO LAW.
GRAN O .
X
I seal)
WILLIAM KCOLEMAN,
Individually
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, JPMorgan Chase Bank, NA, herein
is as follows:
Home Equity and Consumer Lending Division, 1111 Polaris
BN 1981 PG4659
MORTGAGE page 18
Loan No: 426360325325 (Continued)
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
I SS
COUNTY OF
???? }
On this
,, '?' moax the day of . 20 i._i_- before me
the undersigned Notary Publi , personally appeared WILLIAM K
COLEMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within instrument, and acknowledged that he or she executed the same for the purposes
therein contained.
In witness whereof, I hereunto set my hand and official seff,
.
COMMONWEALTH OF PENNSYLVANIA
Notafial Seel n,T
JerxtiferN.QrOVe.Notaryi?tfbBC Notary Public in and r the State of ?,?-#(•--'fL--
Silver Spring Twp., Cumberland Cour4
My oDmmssion E>Oes Jan. 25, 200c
Member. Pennsylvania AssocieW of Notaries
WIN Pft
4 rc P?mzs . -
I Certify this to be recorded
In Cumberland County PA
Recorder of Decd
BK [9-8 1 PG4660
Date: Q' 3 l p -7
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE*
This is an official notice that the wort a e on our 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 EMAP 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 Counselin Agency.
The name address and hone number of Consumer Credit Counseling Agencies serving our coun are
listed at the end of this Notice. If you have anuestions you ma call the Pennsylvania Housing Finance
Agency toll free at 1-800-342-2397 (Persons with impaired hearing 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
an 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 NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO 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.
HOMEOWNER'S NAME(S): WILLIAM K COLEMAN
PROPERTY ADDRESS: 12 West Lisburn Road, Mechanicsburg, PA 17055
LOAN ACCT. NO.: 000000010342735
OUR FILE NO: 06397350
ORIGINAL LENDER: JPMorgan Chase Bank, N.A.
CURRENTLENDER/SERVICER: JPMorgan Chase Bank, N.A.
HOMEOWNER'S 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 PENNSYLVANIA 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 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 BRING YOUR MORTGAGE UP TO DATE.
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 nroneM is located are set 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 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
face-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 ifyou
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 BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT Bring it u to date),
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your
property located at:
12 West Lisburn Road, Mechanicsburg, PA 17055
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:
Payments due for 8/15/07 to 11/15/07
Payment amount $406.10 $ 1,624.40
Other charges (explain/itemize):
Late Charges $ 75.00
Attorneys Fees 50.00
TOTAL AMOUNT PAST DUE: $ 1,749.40
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 $1,749.40, PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cash cashier's check certified check or money order made
payable and sent to
CHASE HOME FINANCE
HE Default Payment Processing 11
3415 Vision Drive
Mail Code OH4-7164
Columbus, OH 43219
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 rights to accelerate the
mortgage 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 mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins 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, if legal 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 - Ifyou 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 paving the total amount then past due plus any late or other
_charges then due reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriff's Sale as specified in writing by the lender and by
performing any other requirements under the mort gage. 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 6
months from the date of this Notice. A notice of the actual date of the Sheriff's 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
be by contacting the lender.
HOW TO CONTACT THE LENDER:
JPMorgan Chase Bank loss mitigation #1-800-576-6730, option 3
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 or __X _may not (CHECK ONE) 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 ACTION ON
YOUR BEHALF.
• 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 ASSET ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Please See Attached
Cumberland County ?- -- ----
Patricia A. Blais, Esquire
Attorney for Plaintiff
Weltman, Weinberg & Reis, Co. L.P.
2718 Koppers Building
Pittsburgh, PA 15219
THIS IS ANATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED SHALL BE USED FOR THAT PURPOSE.
Cl
•
FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after
receipt pf this notice you dispute the validity of this debt or any portion thereof, the
debt will be assumed to be valid by us. If said notification is sent to us in writing, we
are required to provide you with verification of the debt. In the event within a 30-day
period you request in writing the name of the original creditor, it will be provided to
you if different from the current creditor. In the event that you dispute the debt
and/or request the name of the original creditor in writing within the 30-day period,
no further action will be taken to obtain Judgment in the pending lawsuit until the
verification and/or name of the original creditor has been provided to you.
This law firm is debt collector attempting to collect this debt for our
client and any information obtained will be used for that purpose.
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated: 11/1/2005 2:18:17 PM
Al
••? ?.+--y n.w1.1- nvuamg PWAlOr1Ly
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.760.3940
800.342.2397
4
FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after receipt of
this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed
to be valid by us. If said notification is sent to us in writing, we are required to provide you with
verification of the debt. In the event within a 30-day period you request in writing the name of
the original creditor, it will be provided to you if different from the current creditor. In the event
that you dispute the debt and/or request the name of the original creditor in writing within the
30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until
the verification and/or name of the original creditor has been provided to you.
This law firm is attempting to collect this debt for our client and any information obtained
will be used for that purpose.
The above Notice is being given pursuant to the Fair Debt Collection Practices Act and
is separate and distinct from the foregoing Complaint which must be responded to in
conformity with the instructions therein. Because of the difference in time parameters, we will
not move for Default Judgment for at least thirty (30) days from the date of service of this
Complaint upon you, and if you request verification, we will not move for Default judgment until
a reasonable time after verification has been provided, and after the expiration of the thirty (30)
day period from the date of service.
D
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904 relating to
unsworn falsifications to authorities, that he/she is SURBAER WINEOMDNER-PATEL
Assistant Secretary of Q
(TITLE)
plaintiff
(COMPANY)
herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing
Complaint are true and correct to the best of his/her knowledge, information and belief.
1-,e vr
Date
Coleman - 06397350
SUMMER WINEQARDNEtt-PATEL
Assistant Secretary
PIZ
00 O 1
_
W N D
C
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01029 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JPMORGAN CHASE BANK NA
VS
COLEMAN WILLIAM K
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
COLEMAN WILLIAM K the
DEFENDANT , at 1920:00 HOURS, on the 21st day of February-, 2008
at 12 WEST LISBURN ROAD
MECHANICSBURG, PA 17055 by handing to
WILLIAM COLEMAN
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.52
Affidavit .00
Surcharge 10.00
•2/1R10P n .00
` 39.52
, v1 Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
02/22/2008
WELTMAN WEINBERG REIS
By-
A.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
V.
NO: 08-1029 CIVIL
WILLIAM K. COLEMAN,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT
(IN REM)
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
8333 Ridgepoint Drive
Irving, TX 75063
AND THE DEFENDANT IS:
12 W. LISBON RD
MECHANICSBURG, PA 17055
WELTM EINBERG & REI CO., L.P.A.
BY: ?'?'
ATTORNEYS FOR PLAINTIFF
Patricia L. Blais, Esquire
PA I.D. NO. 56648
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Building
4367 th Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06397350
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
V. NO: 08-1029 CIVIL
WILLIAM K. COLEMAN,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT (IN REM)
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant above named, in the default of an Answer,
in the amount of $34,848.08 computed as follows:
Principal $ 31,457.57
interest thru 3/31/08 $ 1,980.51
at the legal interest rate of $7.76 per diem
Late Charge thru 3/31/08 $ 75.00
Execution Costs thru 3/31/08 $ 0.00
Attorneys' Fees thru 3/31/08 $ 1,000.00
Title Search thru 3/31/08 $ 335.00
TOTAL
$ 34,848.08
With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs.
I hereby certify that appropriate Notices of Default, as attached have been mailed in
accordance with PA R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN, WEINBERG & REIS CO.,
L.P.A.
By:'
Patricia L. Blais, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Building
4367 th Avenue
Pittsburgh, PA 15219
(412) 434-7955
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities, that the parties against whom Judgment is to be
entered according to the Praecipe attached are not members of the Armed Forces of the United
States or any other military or non-military service covered by the Soldiers and Sailors Civil
Relief Act of 1940. The undersigned further states that the information is true and correct to the
best of the undersigned's knowledge and belief and upon information received from others.
WELTMAN, WEINBERG & REIS CO.,
L.P.A.
By:
Patricia L. Blais, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Building
4367 1h Avenue
Pittsburgh, PA 15219
(412) 434-7955
. w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
V.
WILLIAM K. COLEMAN,
Defendant.
TO: WILLIAM K COLEMAN
12 W. LISBON RD
MECHANICSBURG, PA 17055
Date of Notice:
NO: 08-1029 CIVIL
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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:
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
WELTMAN- EINBE/RG)& REIS CO., L.P.A.
BY:
Patricia L. Blais, Esquire
Weltman, Weinberg & Reis co. L.P.A.
1400 Koppers Building
4367 th Avenue
Pittsburgh, PA 15219
(412) 434-7955
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
z
O
a
J
?4 D
? D
00
W
r T C:?
?l
rv
c:?
7J'
CTN
L?
:j
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff, NO: 08-1029 CIVIL
VS.
WILLIAM K. COLEMAN,
Defendant.
TYPE OF PLEADING:
PRAECIPE FOR WRIT OF EXECUTION
Filed on Behalf of:
PLAINTIFF
Counsel or Record for this Party:
Patricia L. Blais, Esquire
PA I.D. #56648
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Building
436 Th Avenue
Pittsburgh, PA 15219
WWR #06397350
IV 0%
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
VS.
WILLIAM K. COLEMAN,
Defendant.
NO: 08-1029 CIVIL
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County
against Defendant, William K. Coleman for the amount of
1. Judgment Amount $ 34,848.08
Interest at the rate of $7.76 per diem from
3/31/08 to 9/3/08 $ 1,210.56
2. Late Charges thru 9/3/08 $ 101.55
TOTAL $ 36,160.19
With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs.
Costs (to be added by Prothonotary)
Date: Q
Patricia L. Blais, Esquire
Attorney for Plaintiff
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
v
00
01
CA
d b
ca
I+t
00
to
p
t 0 * ?
1
? = Q v
N
0
;v
L?9
V
rt
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff, NO: 08-1029 CIVIL
VS.
WILLIAM K. COLEMAN,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
JPMorgan Chase Bank, N.A., Plaintiff in the above action, sets forth as of the date of the Praecipe
for the Writ of Execution was filed the following information concerning the real property of William K.
Coleman, located at 12 West Lisburn Road, Mechanicsville, PA 17055 and is more fully described as
follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF WILLIAM K. COLEMAN OF, IN
AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF
UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA.
HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 12 WEST
LISBURN ROAD, MECHANICSVILLE, PA 17055. DEED BOOK VOLUME 258, PAGE 3392,
PARCEL NUMBER 42-30-2114-005.
1. The name and address of the owners or reputed owners:
William K. Coleman 12 West Lisburn Road
Mechanicsville, PA 17055
2. The name and address of the Defendants in the judgment:
William K. Coleman 12 West Lisburn Road
Mechanicsville, PA 17055
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
JPMorgan Chase Bank, N.A. (Plaintiff)
Tax Claim Bureau One Courthouse Square
Carlisle, PA 17013
General Motors Acceptance Corp. 570 Crooks Road
Troy, MI 48007
Cumberland Adult Probation One Courthouse Square
Carlisle, PA 17013
4. The name and address of the last record holder of every mortgage of record:
JPMorgan Chase Bank, N.A. (Plaintiff)
Chase Manhattan Mortgage Corporation 1500 N. 19' Street
Monroe, LA 71201
343 Thornall Street
Edison, NJ 08837
5. The name and address of every other person who has any record lien on the property:
NONE
6. The name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NONE
M•
7. The name and address of every other person whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Inheritance Tax Bureau
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
The information provided in the foregoing Affidavit is provided solely to comply with the
Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the
condition of the title of the real estate which is being sold under this execution. No person or entity is
entitled to rely on any statements made herein in regard to the condition of the title of the property or to
rely on any statement herein in formulating bids which might be made at the sale of the property.
I verify that the statements made in the Affidavit are true and correct to the best of my personal
knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. 14904 relating to unsworn falsification to authorities.
Patricia L. Blais, Esquire
Attorneys for Plaintiff
Sworn to and subscribed before me
this day of ` IVIN 22008.
/K A
Nota'rv Public
COMMONIVVIF I'P OF PENNSYLVANIA
.al
ary Public
Clty JPr ii N?tenyCounty
My Caw ices Nov. 4, 2009
Member, Pennsy v n • A ociation of Notaries
COMMONVIFA.LTH OF PENNSYLVANIA
_..-Y.rial Seal
t e: ;li Notary Public
City Of in, Allegheny County
My Com+°,, - ;> , Expires Nov. 4, 2009
Member, Pennsylvania Association of Notaries
77
=_h Ti
17
N)
C,? 'r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
VS.
WILLIAM K. COLEMAN,
Defendant.
NO: 08-1029 CIVIL
AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974,41 P S 101, ET SEO
AND ACT 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Patricia L. Blais, Esquire, attorney for the Plaintiff, who being duly
sworn according to law deposes and says that on or about December 13, 2007, Defendant was mailed a
Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101 et seq. and a
Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's
Emergency Assistance Act, Act 91 of 1983 Take Action to Save Your Home From Foreclosure pursuant
to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et. seq. The foregoing statement is true and
correct to the best of my knowledge, information and belief.
Sworn to and subscribed before me,
2008.
,,,o ez,?? ?j --
Patricia L. Blais, Esquire
Wellman, Weinberg & Reis, Co., L.P.A.
1400 Koppers Building, 436 7th Avenue
Pittsburgh, PA 15219
(412) 434-7955
COMMONWEALTH OF PENNSYLVANIA
,Jotarial Seal
ew: „ Kelly, Notary Public
City Of `-'irtsourgh, Allegheny County
My Cni ,- -,s,on Expires Nov. 4, 2009
Member, Pmmyivania Association of Notaries
c-? '17
?? -Ti
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff, NO: 08-1029 CIVIL
VS.
WILLIAM K. COLEMAN,
Defendant.
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Patricia L. Blais, Esquire, attorney for the Plaintiff, who being duly
sworn according to law deposes and says that the owner of the property located at 12 West Lisburn Road,
Mechanicsville, PA 17055 is Defendant, William K. Coleman, who resides at 12 West Lisburn Road,
Mechanicsville, PA 17055, to the best of her information, knowledge and belief.
Patricia L. Blais, Esquire
Weltman, Weinberg & Reis, Co., L.P.A.
1400 Koppers Building
4367 1h Avenue
Pittsburgh, PA 15219
(412) 434-7955
Sworn to and subscribed before me
day of G,' "U1 , 2008.
Notary Public - L? /
COMMON H OF PENNSYLVANIA
Notarial Sea'
rteh:ii J. Kely, Nota"Y 11
city 0A gittsburgh, pJlegheny ,c;ray
iVly C`,armmiss;on Expires Nov. 4, 2009
Member. Pennsylvania Association of Notane
,a.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff, NO: 08-1029 CIVIL
vs.
WILLIAM K. COLEMAN,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: William K. Coleman
12 West Lisburn Road
Mechanicsville, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be
exposed to Public Sale in the
2nd Floor
Cumberland County Courthouse
Commissioners Hearing Room
Carlisle, PA
on September 3, 2008 at 10:00 A.M., the following described real estate, of which William K. Coleman is
the owner or reputed owner: -
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF WILLIAM K. COLEMAN OF, IN
AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF
UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA.
HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 12 WEST
LISBURN ROAD, MECHANICSVILLE, PA 17055. DEED BOOK VOLUME 258, PAGE 3392,
PARCEL NUMBER 42-30-2114-005.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
JPMorgan Chase Bank, N.A.,
Plaintiff,
VS.
William K. Coleman,
Defendant.
at Execution Number 08-1029 CIVIL in the amount of $ 36,160.19, with appropriate continuing interest,
attorneys fees, and costs as set forth in the Praecipe for Writ of Execution.
Claims against the property must be filed with the Sheriff before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cause your
property to be held or taken to pay the judgment. You may have legal rights to prevent your property
from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your
rights, you must act promptly.
YOU SHOULD -TAKE -THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary.
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend,
you may have the right to have the judgment opened if you promptly file a petition with the court alleging
a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened,
the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a
valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20)
days after service or in certain other events. To exercise this right you would have to file a petition to
strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriff's
Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or
equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE
PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN
THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH
THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO
THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE
THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF
DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Patricia L. Blais, Esquire
Attorneys for Plaintiff
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff, NO: 08-1029 CIVIL
vs.
WILLIAM K. COLEMAN,
Defendant.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract situate in the Village of Bowmansdale, Township of Upper Allen,
County of Cumberland, Commonwealth of Pennsylvania being described as follows:
BEGINNING at a corner of Lot 6 and West Main Street; thence by said lot, North 18 degrees
West, a distance of 150 feet to Summit Alley; thence by said alley, South 72 degrees West, a distance of
40 feet to Lot 8; thence by said lot, South 18 degrees East, a distance of 150 feet to Main Street; thence by
said street, North 72 degrees East, a distance of 40 feet to the place of beginning. Being Lot 7 in the
General Plan of the Vollage of Bowmansdale, of which the above distance in feet is understood to be
more or less; having thereon erected a 2 and '/2 story frame dwelling known and municipally numbered as
12 West Lisburn Road, Bowmansdale, PA 17008 and being Parcel ID 42-30-2114-005.
BEING the same premises which Bonnie S. Davis, by Deed dated April 16, 2003 and recorded in
Cumberland County on April 23, 2003 at Deed Book Volume 258, Page 3392, granted and conveyed to
William K. Coleman.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Patricia L. Blais, Esquire
Attorney for Plaintiff
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Parcel No: 1F67-12EA
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1029 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, N.A., Plaintiff (s)
From WILLIAM K. COLEMAN
(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 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $34,848.08
L.L. $.50
Interest AT THE RATE OF $7.76 PER DIEM FROM 3/31/08 TO 9/3/08 - $1,210.56
Atty's Comm %
Atty Paid $158.52
$101.55
Plaintiff Paid
Date: MAY 27, 2008
(Seal)
Due Prothy $2.00
Other Costs LATE CHARGES THRU 9/3/08 -
Curtit R. Long, P otary
By:
REQUESTING PARTY:
Name PATRICIA L. BLAIS, ESQ.
Address: WELTMAN WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BUILDING
4367 THAVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412-434-7955
Deputy
Supreme Court ID No. 56648
JP Morgan Chase Bank, N.A. In the Court of Common Pleas of
VS Cumberland County, Pennsylvania
William K. Coleman Writ No. 2008-1029 Civil Term
Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on July
28, 2008 at 1950 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: William K.
Coleman, by making known unto William Coleman personally, at 407 Alison Ave., Mechanicsburg,
Cumberland County, Pennsylvania its contents and at the same time handing to him personally the
said true and correct copies of the same.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July
18, 2008 at 1621 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of William K. Coleman located at 12
West Lisburn Road, Mechanicsburg, Cumberland County, 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 defendant, to wit: William K.
Coleman by regular mail to his last known address of 407 Alison Ave., Mechanicsburg, PA 17055.
This letter was mailed under the date of July 29, 2008 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Patricia Blais.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Law Library
Prothonotary
Mileage
Levy
Surcharge
Law Journal
Patriot News
Postpone Sale
Share of Bills
So Anss err
R. Thomas Kline, Sheriff
BY
Real Estate Sergeant
30.00
16.18
15.00
15.00
.50
2.00
24.00
15.00
20.00
355.00
294.80
20.00
17.64 9 n
$ 825.12 ? r'J?`?1by %"
c;a, G G PY'9
. -7 "7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff, NO: 08-1029 CIVIL
vs.
WILLIAM K. COLEMAN,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH, OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
JPMorgan Chase Bank, N.A., Plaintiff in the above action, sets forth as of the date of the Praecipe
for the Writ of Execution was filed the following information concerning the real property of William K.
Coleman, located at 12 West Lisburn Road, Mechanicsville, PA 17055 and is more fully described as
follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF WILLIAM K. COLEMAN OF, IN
AND TO:
-------------
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF
UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA.
HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 12 WEST
LISBURN ROAD, MECHANICSVILLE, PA 17055. DEED BOOK VOLUME 258, PAGE 3392,
PARCEL NUMBER 42-30-2114-005.
Y
1. The name and address of the owners or reputed owners:
I
William K. Coleman 12 West Lisburn Road
Mechanicsville, PA 17055
2. The name and address of the Defendants in the judgment:
William K. Coleman 12 West Lisburn Road
Mechanicsville, PA 17055
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
JPMorgan Chase Bank, N.A. (Plaintiff)
Tax Claim Bureau One Courthouse Square
Carlisle, PA 17013
4
5
6
General Motors Acceptance Corp. 570 Crooks Road
Troy, MI 48007
Cumberland Adult Probation One Courthouse Square
Carlisle, PA 17013
The name and address of the last record holder of every mortgage of record:
JPMorgan Chase Bank, N.A. (Plaintiff)
Chase Manhattan Mortgage Corporation 1500 N. 19'h Street
Monroe, LA 71201
343 Thornall Street
Edison, NJ 08837
The name and address of every other person who has any record lien on the property:
NONE
The name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NONE
7. The name and address of every other person whom the Plaintiff has knowledge who has any
intereft in the property which may be affected by the sale:
Inheritance Tax Bureau
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
The information provided in the foregoing Affidavit is provided solely to comply with the
Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the
condition of the title of the real estate which is being sold under this execution. No person or entity is
entitled to rely on any statements made herein in regard to the condition of the title of the property or to
rely on any statement herein in formulating bids which might be made at the sale of the property.
I verify that the statements made in the Affidavit are true and correct to the best of my personal
knowledge, information and belief. I understand that false statements herein are made 'subject to the
penalties of 18 Pa. C.S.A. 14904 relating to unworn falsification to authorities.
Patricia L. Blais, Esquire
Attorneys for Plaintiff
Sworn to and subscribed before me
this day of 'VJW - - - , 2008.
/-K a
Notarv Public
MMONWFA! TH OF. PENNSYLVANIA
N-nA ry PttbfiC
City O+ gherty Coun ty
My ci„t.,. Nov. 4.2009
1har Ptnnsvtciation of Notaries
COMMOWIEALTH OF PENNSYLVANIA
lair': KF iry, Notary Public
City Of Wnnu-1^ A%9hWW County
My C W„? .,:?? E)#Ms Nov. 4, 2009
Member. Fe-w Ylvania Association of Notaries
L
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff, NO: 08-1029 CIVIL
VS.
WILLIAM K. COLEMAN,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: William K. Coleman
12 West Lisburn Road
Mechanicsville, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be
exposed to Public Sale in the
2nd Floor
Cumberland County Courthouse
Commissioners Hearing Room
Carlisle, PA
on September 3, 2008 at 10:00 A.M., the following described real estate, of which William K. Coleman is
the owner or reputed owner:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF WILLIAM K. COLEMAN OF, IN
AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF
UPPER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA.
HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 12 WEST
LISBURN ROAD, MECHANICSVILLE, PA 17055. DEED BOOK VOLUME 258, PAGE 3392,
PARCEL NUMBER 42-30-2114-005.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
JPMorgan Chase Bank, N.A.,
Plaintiff,
vs.
William K. Coleman,
Defendant.
at Execution Number 08-1029 CIVIL in the amount of $ 36,160.19, with appropriate continuing interest,
attorneys fees, and costs as set forth in the Praecipe for Writ of Execution.
Claims against the property must be filed with the Sheriff before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cause your
property.to be held or taken to pay the judgment. You may have legal rights to prevent your property
from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your
rights, you must act promptly.
- - YOU SHOULD -TAKE -THIS- NOTICE- AND -THE- WRIT OF EXECUTION TO_ YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary.
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
i
If the judgment was entered because you did not file with the Court any defense or objection
within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend,
you may have the right to have the judgment opened if you promptly file a petition with the court alleging
a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened,
the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a
valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20)
days after service or in certain other events. To exercise this right you would have to file a petition to
strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriff's
Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or
equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE
PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN
THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH
THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO
THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE
THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF
DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Patricia L. Blais, Esquire
- Attorneys for Plaintiff
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff, NO: 08-1029 CIVIL
VS.
WILLIAM K. COLEMAN,
Defendant.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract situate in the Village of Bowmansdale, Township of Upper Allen,
County of Cumberland, Commonwealth of Pennsylvania being described as'follows:
BEGINNING at a corner of Lot 6 and West Main Street; thence by said lot, North 18 degrees
West, a distance of 150 feet to Summit Alley, thence by said alley, South 72 degrees West, a distance of
40 feet to Lot 8; thence by said lot, South 18 degrees East, a distance of 150 feet to Main Street; thence by
said street, North 72 degrees East, a distance of 40 feet to the place of beginning. Being Lot 7 in the
General Plan of the Vollage of Bowmansdale, of which the above distance in feet is understood to be
more or less; having thereon erected a 2 and '/2 story frame dwelling known and municipally numbered as
12 West Lisburn Road, Bowmansdale, PA 17008 and being Parcel ID 42-30-2114-005.
BEING the same premises which Bonnie S. Davis, by Deed dated April 16, 2003 and recorded in
Cumberland County on April 23, 2003 at Deed Book Volume 258, Page 3392, granted and conveyed to
William K. Coleman.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Patricia L. Blais, Esquire
Attorney for Plaintiff
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Parcel No: 1F67-12EA
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1029 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, N.A., Plaintiff (s)
From WILLIAM K. COLEMAN
(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 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $34,848.08
L.L. $.50
Interest AT THE RATE OF $7.76 PER DIEM FROM 3/31/08 TO 9/3/08 - $1,210.56
Atty's Comm %
Atty Paid $158.52
$101.55
Due Prothy $2.00
Other Costs LATE CHARGES THRU 9/3/08 -
Plaintiff Paid
Date: MAY 27, 2008
(Seal)
1 - L. I L< ?.?
2Z - -
C ' R. Long, Pr ary
By:
Deputy
REQUESTING PARTY:
Name PATRICIA L. BLAIS, ESQ.
Address: WELTMAN WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BUILDING
436 7TH AVENUE
PITTSBURGH, PA 15219
Attorney for: PLAINTIFF
Telephone: 412434-7955
Supreme Court ID No. 56648
Real Estate Sale #61
On May 29, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA
Known and numbered as 12 West Lisburn Rd., Mechanicsburg
more fully described on Exhibit "A"
filed with this writ and by this reference ,/'-
incorporated herein. vim
Date: May 29, 2008 By:
Real Es to Sergeant
I I :!! `d bZ AN 0001
Vd "kii l:
3A183HS
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
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:
July 18, July 25, and August 1, 2008
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.
i arie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
1 day of August, 2008
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notory Public
CARLISLE BORO. CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
RM L 9WAT19 SALK ¦0. it
Writ No. 2008-1029 Civil
JP Morgan Chase Bank, N.A.
VS.
William K. Coleman
Atty.: Patricia Blais
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract situ-
ate in the Village of Bowmansdale,
Township of Upper Allen, County
of Cumberland, Commonwealth of
Pennsylvania being described as
follows:
BEGINNING at a corner of Lot 6
and West Main Street; thence by said
lot, North 18 degrees West, a distance
of 150 feet to Summit Alley; thence
by said alley, South 72 degrees West,
a distance of 40 feet to Lot 8; thence
by said lot, South 18 degrees East, a
distance of 150 feet to Main Street;
thence by said street, North 72 de-
grees East, a distance of 40 feet to
the place of beginning. Being Lot 7
in the General Plan of the Village of
Bowmansdale, of which the above
distance in feet is understood to be
more or less, having thereon erected
a 2 and 1/2 story frame dwelling
known and municipally numbered
as 12 West Lisburn Road, Bowmans-
dale, PA 17008 and being Parcel ID
42-30-2114-005.
BEING the same premises which
Bonnie S. Davis, by Deed dated April
16, 2003 and recorded in Cumber-
land County on April 23, 2003 at
Deed Book Volume 258, Page 3392,
granted and conveyed to William K.
Coleman.
The 'Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
z4f?latriot News
Now you know
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 J. 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 on the date(s) indicated below. 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 of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
07/23/08
07/30/08
08/06/08
Sworn to and subscribed bef me this (d of August, 2008 A.D.
-- Notary Public
COMMONWEALTH OF PENNSYLVANIA
-^ Notarial Seal
Sherrie L. Kisner, Notary Public
MY ity C n msbur9j Dauphin County
Egan Nov 26, 2011
Member, Penn0vanla Assoclatlon of Notaries
Real Estate Sale No. 61
Writ No. 2008-1029 Civil Tenn
Jp Morgan Chase Bank, N.A.
VS
William K. Coleman
Attorney Patricia Slals
LEGAL DESCRIPTION
ALL THAT CERTAIN tract situate in the
Village of Bowmansdale, Township of Upper
Allen, County of Cumberland, Commonwealth
of Pennsylvania being described as follows:
BEGINNING at a comer of Lot 6 and West
Main Street; thence by said lot, North 18
degrees West, a distance of 150 feet to Summit
Alley; thence by said alley, South 72 degrees
West, a distance of 40 feet to Lot 8; thence by
said lot, South 18 degrees East, a distance of 150
feet to Main Street; thence by said street, North
72 degrees East, a distance of 40 feet to the
place of beginning. Being Lot 7 in the General
Plan of the Vollage of Bowmansdale, of which
the above distance in feet is understood to be
more or less, having thereon erected a 2 and 'I
story frame dwelling known and municipally
numbered as 12 West Lisburn Road,
Bowmansdale, PA 17008 and being Parcel ID
42-30-21144)05.
BEING the same premises which Bonnie S.
IMns, by-Veed dnbd Ap it lb, 30 and
recorded in Chid County oe Apra 23,
2003 at 1?3bed Beni Vohs ee 256, Fade 3392,
parsediedaawgedtoWilll mICColeco.
Parcel No.: IF67-12EA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
vs.
WILLIAM K. COLEMAN,
Defendant.
NO: 08-1029 CIVIL
PRAECIPE TO VACATE JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Patrick Thomas Woodman, Esquire
Weltman, Weinberg & Reis
1400 Koppers Building, 436 7th Avenue
Pittsburgh, PA 15219
(412) 434-7955
PA ID #:34507
WWR# 06397350
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
NO: 08-1029 CIVIL
vs.
WILLIAM K. COLEMAN,
Defendant.
PRAECIPE TO VACATE JUDGMENT
At the request of the undersigned attorneys for the Plaintiff, you are directed to vacate the
judgment on the above referenced case number.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: tea-t>?el- i7&w A#A Uuo?--
Patrick Thomas Woodman, Esquire
Weltman, Weinberg & Reis
1400 Koppers Building, 436 7th Avenue
Pittsburgh, PA 15219
(412) 434-7955
PA ID #:34507
Sworn to and subscribed
nris - / y of , 2009
NO ARY PUBLI
,-,L)
COMMONWEALTH Ot' PENNSYLVANIA
Notarial Sea'
Heidi J. Kelly, NoLary Public:
City Of Pittsburgh, Allegheny County
My Commission Expires Nov. 4, 2009
Member, Penns vhian! ia. ,,61-ion of Notaries
s_
Lii3 h,?il7 1 2 *B, oo P 0 A`r'yl
Cv,V 89155021
e aa9Iss
,!
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
vs
WILLIAM K. COLEMAN,
Defendant.
NO: 08-1029 CIVIL
TYPE OF PLEADING:
PRAECIPE TO DISCONTINUE AND
END WITHOUT PREJUDICE
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Patrick Thomas Woodman, Esquire
PA I. D. #34507
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Building
4367 th Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR# 06397350
N1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
vs.
WILLIAM K. COLEMAN,
Defendant.
NO: 08-1029 CIVIL
PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE
PROTHONOTARY:
Kindly discontinue and end the above-captioned matter and mark the docket accordingly.
Respectfully submitted:
Weltman, Weinberg & Reis Co., L.P.A.
By: 7a .- w w,.,.-
Patrick Thomas Woodman, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Building
4367 th Avenue
Pittsburgh, PA 15219
(412) 434-7955
Sworn and subscribed
day of :(uu , 2009
Notary Public
COMMONWEALTH OF PENNSYLVANIA
=ty otarial Sea`
elly, Notary Pub lic
rgh, Allegheny County
n E)Pires Nov. 4, 2009
Member, Pennsylvania Association of Notaries
OF THE F' ',, HOt,,10TARY
2009 SEP 14 PM 1: 5 3
11,17,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
vs
WILLIAM K. COLEMAN,
Defendant.
NO: 08-1029 CIVIL
PRAECIPE TO STRIKE JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Patrick Thomas Woodman, Esquire
Weltman, Weinberg & Reis
1400 Koppers Building, 436 7th Avenue
Pittsburgh, PA 15219
(412) 434-7955
PA ID #:34507
WWR# 06397350
L --
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JPMORGAN CHASE BANK, N.A.,
Plaintiff,
NO: 08-1029 CIVIL
vs
WILLIAM K. COLEMAN,
Defendant.
PRAECIPE TO STRIKE JUDGMENT
At the request of the undersigned attorneys for the Plaintiff, you are directed to strike the
judgment on the above referenced case number.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: Ubooew-0,
Patrick Thomas Woodman, Esquire
Weltman, Weinberg & Reis
1400 Koppers Building, 436 7th Avenue
Pittsburgh, PA 15219
(412) 434-7955
PA ID #:34507
Sworn to and subscribed
4@ pre me this ?y of 2009
ARY
COMMONWEALTH OF 'r'ENNSYLVA--
Notarial Seao
Heidi J. Kelly. Notary Public
City Of Pittsburgh, Allegheny County
i MY Commission E-pires Nov. 4, 2009
??r; ,'?? ^ ^g Notaries
2009 SEP 14 PM 1= 53
$ 8. co PQ A'Tr-(
? a3o5?{5