HomeMy WebLinkAbout08-5335IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
CHASE HOME FINANCE LLC, s/b/m/t
Chase Manhattan Mortgage Corporation,
NO.: b$ - 53'S5 l:ivil-`e r r1
Plaintiff,
vs.
EDWIN G. BIDDLE and
SONG S. BIDDLE, a/k/a
SONG SUK BIDDLE,
TYPE OF PLEADING:
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
Defendants.
TO DEFENDANT
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HERE F
ATTEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
3415 Vision Drive
Columbus, OH 43219
AND THE DEFENDANT IS:
18 Altoona Avenue
Enola, PA 17025
A EY FOR PLAINTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
18 Altoona Avenue
East Pennsboro TU.
(CITY, BORO, TOWNSHIP) (WARD)
L ,L ;to
ATT EY FOR PLAINTIFF
FILED ON BEHALF OF PLAINTIFF:
Chase Home Finance LLC, s/b/m/t Chase
Manhattan Mortgage Corporation
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
Brian M. Kile, Esquire
Pa. I.D. #89240
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
CHASE HOME FINANCE LLC, s/b/m/t
Chase Manhattan Mortgage Corporation,
Plaintiff,
vs.
NO..
EDWIN G. BIDDLE and
SONG S. BIDDLE, a/k/a
SONG SUK BIDDLE,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
CHASE HOME FINANCE LLC, s/b/m/t
Chase Manhattan Mortgage Corporation, NO.:
Plaintiff,
VS.
EDWIN G. BIDDLE and
SONG S. BIDDLE, a/k/a
SONG SUK BIDDLE,
Defendants.
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by its
attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage
Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio
43219 and is authorized to do business in the Commonwealth of Pennsylvania.
2. The Defendants, Edwin G. Biddle and Song S. Biddle, a/k/a Song Suk Biddle, are
individuals whose last known address is 18 Altoona Avenue, Enola, Pennsylvania 17025.
3. On or about April 3, 1987, Defendant executed a Note in favor of Meritor
Mortgage Corporation-East in the original principal amount of $57,500.00. A true and correct
copy of said Note is marked Exhibit "A," attached hereto and made a part hereof.
4. On or about April 3, 1987, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Meritor Mortgage Corporation-East a Mortgage in
the original principal amount of $57,500.00 on the premises hereinafter described, said Mortgage
being recorded in the Office of the Recorder of Deeds of Cumberland County on April 7, 1987,
at Mortgage Book Volume 858, Page 1099. 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. Meritor Mortgage Corporation-East assigned all of its right, title and interest in
and to aforesaid Mortgage to Mellon Mortgage Company pursuant to a certain Assignment of
Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on March 7,
1994, at Mortgage Book Volume 467, Page 817.
6. Mellon Mortgage Company assigned all of its right, title and interest in and to
aforesaid Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage.
7. Defendants are the record and real owners of the aforesaid mortgaged premises.
8. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due. Defendants
are due for the April 1, 2008 payment.
9. On or about June 2, 2008, Defendants were mailed a combined Act 91 and Act 6
Notice, via certified mail, return receipt requested, and by first class mail, in compliance with the
Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S.
'101, et seq.
10. The amount due and owing Plaintiff by Defendants is as follows:
Principal $32,884.04
Interest to 08/20/08 $ 1,325.18
Late Charges to 08/20/08 $ 122.60
Escrow Deficiency to 08/20/08 $ 0.00
Corporate Advances $ 42.00
Attorney's fees $ 850.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $37,723.82
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $37,723.82 with interest thereon at the rate of $7.64 per diem from August 20, 2008, and
additional late charges, additional reasonable and actually incurred attorney's fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged
premises.
GRENEN & BIRSIC, P.C.
BY: W
Kristine. Anthou, Esquire
Brian M. Kile, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281 7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
& T 0
VA Form 3&6336s (Home Loan) PENNSYLVANIA
Revised Seabnt s)o: Tithe I LH# 434-115
U.S.C. Acceptable to Federal Na-
tional Mortpje Association.
221576-2 MORTGAGE NOTE
CAMP HILL Pennsylvania.
57,500.00
APRIL 3 1987
FOR VALUE RECE1vED, the undersi ed, t v
? EDWIN G BIDDLEt)=XNDpttt t.:
SONG SUK BIDDLE , hereinafter:called-the Maker, promises to pay to
MERITOR 1¢ORTGAGH ??b1O1TI0N8?8T;r'R?'OA' CIftNUT STREETS, PHILADELPHIA, PA 19107
a corporation organized, and.,e isting under the laws of theCOMMONWEALTH OF PENNSYLVANIb or order,
hereinafter designated as the Payee, the principal surr) of FIFTY SEVEN THOUSAND FIVE HUNDRED b
00/100
Vii: _.- _ t 4 f ;? , , Dollars (S 57,500.00
)
with interest from date at the rate of r. AND ONE=HALF per centum ( 8.500 qc)
per annum on the unpaid balance until pThe said principal and interest shall be payable at the office of
MERITOR MORTGAGE •CORP51ATfi0 Z:] A'ti;:760rtFt`8$ROUI: RD, SPRINGFIELD PA 19064
or such place as the holder may designate in
writing in monthly installments of FOUR HUNDRED FORTY TWO S 13/100
Dollars ($ 442.13
commencing on the first day of JU , 19 87 , and on the first day of each month there-
after until the principal and interest are tiny paid, except that the final payment of the entire indebtedness
evidenced hereby, if not sooner paid, shall be due and payable on the first day of KY 2017
Privilege is reserved to prepay at any time, without premium or fee, the entire indebtedness or any
part thereof not less than. the,amount.of one installment, or One Hundred Dollars ($100.00), whichever is
less. Prepayment in••full"shall be'''credited on the date received. Partial prepayment, other than on an
installment due date; need•nbebe credited until the next following installment due date or thirty days after
such prepayment, whichever is earlier.
Simultaneously with the execution of this Note the Maker has executed and delivered to the Payee
a Mortgage secured upon certain premises situated in the County of CUMBERLAND ,
Commonwealth of Pennsylvania, more particularly described in the Mortgage. All of the terms, cove-
nants, provisions, conditions, stipulations slid agreements contained in said Mortgage to be kept and
performed by the Maker are hereby made a part of this Note to the same extent and with the same
force and effect. as -if they were fully set forth herein, anti the Maker covenants and agrees to perform
the same, or cause the same to"be'kept and performed, strictly in accordance with the terms and pro-
visions thereof.
The whole of the principal sum or any pall thereof, and of any other sums of money secured by
the Mortgage given to secure this Note, shall. forthwith, at the option of the Payee or any subsequent
holder thereof, become due and payable immediately, without notice or demand, if default be made in
any payment under this Note, and if the default. is not made good prior to the due date or the next
such installment; or upon the happening of any default which, by the terms of the Mortgage given to
secure this Note. shall entitle the Payee, or any subsequent holder hereof, to declare the same, or any
part thereof, to be due and payable.
The Maker does hereby empower any attorney of any court of record within 'the United States
or elsewhere to appear for Maker, with or without a declaration filed, and confess judgment or judg-
ments against said Maker in favor of the Payee or any subsequent holder hereof, as of any term, for
the entire unpaid principal of this Note, and all other sums paid by the holder hereof to or on behalf
of the Maker pursuant to the terms of this Note or said Mortgage, and all arrearages of interest there-
on, together with costs of suit, attorney's commission of 5,000 %. for collection, and a release of all
errors, on which judgment execution or executions may issue forthwith. The Maker hereby waives
the right of inquisition on all property levied upon to collect the indebtedness evidenced hereby and
does voluntarily condemn the same and authorizes the Prothonotary to enter such condemnation, and
waives and releases all laws, now in force or hereafter enacted, relating to exemption, appraisement
or stay of execution.
The agreements herein contained shall bind, and the benefits and advantages shall inure to, the
respective successors and assigns of the parties hereto. Wherever used, the singular number shall in-
clude the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the Maker has caused these presents be executed under seal the day and
year first above written.
Signed, Sealed and Delivered ........... (SEAL)
Bljlifti-6BID3)'L$'..........................
in the Presence of: ...:................................(SEAL)
??.,? SONG SUK BIDDLS -
::........
(SEAL
...... ..... .............. s ?.??.... (SEAL
THIS Is To CERTIFY that this is the Note described in and secured by Mortgage of even date herei
with secured on real estatil?Sitilate4hlx . - County, Commonwealth of Pennsylvr-nia.
VALERIE S. STACKN
???-0?......_.................................
NOTARY PUBLIC „
t j ItY CWMi!)$StON Notary Public.
EXPIRES NOV. 2l: I90
MMC 22s Rev, aJa6 )tr f L CUMBERLAND COUNTY, PA . I
see: a
4b
h-7 to the order of WMWBE COMPANY
without recourse.
1 i"R VOILT" a COMICUT195-11
a V. yeacy. viae rream
WITHOUT RECOURSE
PAY TO THE ORDER OF
MELLON MORTGAGE COMPANY
F+atmW sweicss
i:1
i
is
ALL THAT CERTAIN piece or parcel of land situate in Enola, East Pennsboro
Township, Cuwnberland County, Pennsylvania, more particularly bounded and
described in accordance with a survey by Michael C. D'Angelo, dated August
1, 1978, as follow, to wit:
BEGINNING at a point in the easterly line of Altoona Avenue at the distance
of 190 feet (erroneously set forth in prior deed as 200) north of cumberland
Road; thence along the said Altoona Avenue North 10 degrees 20 minutes West,
50 feet; thence North 79,degrees 90 minutes East, 125 feet; thence South
10 degrees 20 minutes East, 50 feet; and thence South 79 degrees 90 minutes
West, 125 feet to the place of BEGINNING.
,`
BEING KNOWN AS 18 Altoona Avenue, Enola, PA.
-BEING the same -pramises which Harry E. King and Sandra L. King, his wife,
by their deed dated April 3, 1987 and which is intended to be recorded
herewith in the Cuaberland County Recorder of Deeds Office, granted and
ccnveyed unto Edwin B. Biddle and Sang Suk Biddle, his wife, Mortgagors herein.
BOOK 658 PACEJI03
EXHIBIT "B"
Form 766736(Home m
RavLaO JYaa 1975. llaa OpLootlowl, tiaonoe Ie10. Tito St u.&C.
Re PLHif 43?V1151A
AocepleWe tF Federarltational
Mortpp Ammis ion.
221576-2 V MORTGAGE
THIS INDENTURE, made the 3RD day of APRIL in the
year of our Lord one thousand nine hundred and eighty-seven BrMEN EDWIN G
BIDDLE AND SONG SUR BIDDLE (hereinafter called Mo?rt?agor) and
MERITOR MORTGAGE CORPORATION-EAST, AVENUE OF THE ARTS BLDG, BROAD b CHESTNUT ST&EETS,
a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office
and post-office address in PHILADELPHIA, PA 19107 (hereinafter called Mortgagee):
WITNESSETH: That the Mortgagor to secure the ps ment of
FIFTY SEVEN THOUSAND FIVE HUNDRED b 00/100
Dollars ($ 57,500.00 ), with interest from date, at the rate of EIGHT AND ONE-HALF Per centum
( 8.500%) per annum on the unpaid balance until paid, as provided in a Note of even Qate herewith, from the
mortgagor to the Mortgages, in monthly inaUnments of FOUR HUNDRED FORTY TWO b 13/100
Dollars. (S 442.14. commencing 00 the first day of
JUNE , 19 87 , and continuing thereafter on the flat day of each month until such
debt is fully paid, except that, if not sooner paid, the final payment thereof shall be due and isayable on the first dayof
MAY 2017 , and also to secure the performance of all covenants, agreements and conditions herein
contained, does by there presents grant, bargain, sell, assign, release, convey and confirm to the Mortgagee, ALL the follow.
ing described real property situate in the TOWNSHIP of EAST PENNSBORO County of
CUMBERLAND and Commonwealth of Pennsylvania, to wit:
BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A LEGAL DESCRIPTION ATTACHED HERETO AND
MADE A PART HEREOF.
In XX
map
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SEE ATTACHED LEGAL DESCRIPTION
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Should the Veterans Administration for any reason fail or refuse to issue the guarantee in the maximum amount per-
mitted of the loan secured by this mortgage under the provision of the Servicemen's Readjustment Act of 1944, as amend-
ed, within sixty days of the date hereof, the mortgagee herein may at its option declare all sums secured by this mortgage
immediately due and payable.
TOGETHER with ail and singular the buildings, improvements, and fixtures on said premises, as well as all additions
or improvements now or hereafter made to aid premiies, streets, alleys, passages, ways, waters, water eoursas, rights,
liberties, privileges, hereditaments, and appurtenances whatsoever themmto belonging, or to any wise appertaMing, and the
reversions and remainders, rents, issues, and profits thereof, and in addition thereto the following described household
appliances, which are, and shall be deemed to be, fixtures and a put of the realty, and are a portion of the security for the
indebtedness herein mentioned, namely.
RANGE/OVEN, W/W CARPET
provided, however, that the Mortgagor shall be entitled to collect and retain the said rents, issues, and profits until default
hereunder:
TO HAVE AND TO HOLD aid property, hereby granted, with the appurtenances, unto said Mortgagee to its own
use forever:
eoox 858 PAu 1099
MMC 220 Nev. 6/66 )tr
This Indenture is made, however, subject to the following covenants, conditions, agreements and stipulations, and
the Mortgagor covenants and agrees:
1. That the Mortgagor will promptly pay the principal of and interest on the indebtedness evidenced by the said
Note, at the times and in the stunner therein provided, with privilege reserved to prepay at any time, without premium or
fee, the entire indebtedness or any part thereof not less than the amount of one installment, or one hundred dollars ($100.00),
whichever is less. Prepayment in full shall be credited on the date received. Partial prepayment, other than on an installment
due date, need not be credited until the next following installment due date or thirty days after such prepayment, whichever
is earlier.
2. To more fully protect the security of this Mortgage,. the Mortgagor shall pay to the Mortgagee as trustee (under
the terms of this trust as hereinafter stated) in addition to and concurrently with, each monthly installment of principal
and interest until said Note is fully paid, the following sums:
(a) A sum equal to the ground rents, if any, next due, plus the premiums that will next become due and paya-
ble on policies of fire and other hazard insurance, plus taxes, assessments, and sewer and water rents, next due
on the premises covered by this Mortgage (all as estimated by the Mortgagee, and of which the Mortgagor Is
notified) less all sums already paid therefor divided by the number of months to elapse before one month prior
to the date when such ground rents, premiums, taxes,assessments, and sewer and water rents, will become due,
such sums to be held by Mortgagee in trust to pay said ground rents, premiums, taxes, assessments, and sewer
and water rents.
(b) The aggregate of the amounts payable pursuant to subparagraph (a) and those payable on this debt shall
be paid in a single payment each month, to be applied to the following items in the order stated:
(1) ground rents, taxes, assessments, sewer and water rents, fire and other hazard insurance premiums;
(11) interest on this debt; and
(Ill) amortization of the principal of this debt.
Any deficiency in the amount of any such aggregate monthly payment shall constitute an event of default hereunder
and under said Note, unless made good by Mortgagor prior to the due date of the next such payment. At Mortgagee's
option, Mortgagor will pay a "late charge" not exceeding four per centum (496) of any installment when paid more
than fifteen (IS) days after the due date thereof to cover the extra expense involved in handling delinquent payments,
but such 'late charge" shall not be payable out of the proceeds of any We made to satisfy the indebtedness secured
hereby, unless such proceeds of any We made to satisfy the Indebtedness secured hereby, unless such proceeds are
sufficient to discharge the entire Indebtedness and all proper costs and expenses secured thereby.
3. If the total of the payments made by Mortgagor, under (a) of paragraph 2 preceding, shall exceed the amount
of payments actually made by Mortgagee as trustee for ground rents, taxes, assessments, sewer or water rents, or insurance
premiums, as the case may be, such excess shag be credited on subsequent payments to be made by Mortgagor for such
items or, at Mortgagee's option, as trustee, shall be refunded to Mortgagor. If, however, such monthly payments shall not
be sufficient to pay such items when the same shall become due and payable, then Mortgagor shall pay to Mortgagee as
trustee any amount necessary to make up the deficiency within thirty (30) days after written notice from Mortgagre stating
the amount of the deficiency, which notice may be given by map. If at any time Mortgagor shall tender to Mortgagee, in
accordance with the provisions hereof, the full payment of the entire indebtedness represented hereby, Mortgagee, u trustee,
shall in computing the amount of such indebtedness, credit to the account of Mortgagor any credit balance remaining under
the provisions of (a) of paragraph 2. If there shall be a default under any of the provisions of the Note and this Mortgage
securing the some, which results in a public sale of the premise: covered thereby, or if tide to the property is otherwise
acquired by the Mortgagee after the default, the Mortgagee, as trustee, shall apply, at the time of the commencement of such
proceedings or at the time the property is otherwise acquired by the Mortgagee, the balance then remaining to the credit of
Mortgagor under (a) of paragraph 2, as a credit on the interest accrued and unpaid, and the balance on the principal then
remaining unpaid on the Note.
4. Mortgagor shall pay to Mortgagee all ground rents, taxes, assessments, sewer and water rents, and all other
charges and claims assessed or levied at any time by any lawful authority upon the premises covered by this Mortgage which,
by any present or future law or laws, shall have priority in lien or payment to the debt represented by said Note and secured
by this Mortgage, and provision for the payment of which is not otherwise made herein, such payment to be made by
Mortgagor within thirty (30) days after demand by Mortgagee, stating the amount.
5. The principal indebtedness hereby evidenced and secured represents money actually used for the acquisition of
or for improvements to the premises secured by said Mortgage.
6. MOripgor will continually maintain hazard insurance of such type or types and amounts as the Mortgagee may
from time to time require,on the improvements now or hereafter on said pmmins,and except when payment for all such pre-
miums has theretofore been made under (a) of paragraph 2 hereof, will pay promptly when due any premiums therefor. All
insurance shall be carried in companies approved by Mortgagee and the policies and renewals thereof shall be held by Mortp-
gee and have attached thereto loss payable clauses in favor of and in form acceptable to Mortgagee. In event of loss, Mortgagor
will give immediate notice by nail to Mortgagee, and Mortgagee may make proof of loss if not spade promptly by Mortgagor.
Each insurance company concerned is hereby authorized and directed to make payment for such loos directly to Mortgagee
instead of to Mortpgor and Mortgagee jointly. The insurance proceeds, or any sprt thereof, may be applied by Mortgagee
at its option either to the reduction of the indebtedness or to the restoration or repair of the property damaged. In the sole
and absolute discretion of Mortgagee, in event of foreclosure of the Mortgage or transfer of title to the mortgaged property In
partial or total extinguishment of the Note hereby secured, all right, title, and interest of Mortgagor in and to any Insurance
policies then in force shall pans to the purchaser or grantee or shall be canceled and the cancellation proceeds, if any, re-
tained by Mortgagee. Full power is hereby given to Mortgagee to settle or compromise all claims under such policies and to
demand, receive and receipt for all moneys becoming payable thereunder.
7. Mortgagor shall not execute or file of record any instrument which imposes a restriction upon the We or occu-
pancy of the property herein described on the basis of race, color or creed.
S. Mortgagor will not suffer any lien superior to the lien created by this Mortgage to attach to or to be enforced
against the premises covered by this Mortgage. Mortgagor shall not commit or permit waste; and stall maintain the property
in as good condition as at present, reasonable wear and tear excepted. Upon any failure to to maintain, Mortgagee, at its
option, may cause, reasonable maintenance work to be performed at the cost of Mortgagor.
BOOK 858 PACE1100
? e' N
9. Mortgagee shall have the right to pay any ground rents, taxes, assessments, sewer and water rents, and'all other
charges and claims QUch Mortgagor has agreet to pay under the terms hereof, to advance and pay any sums of money-that*
in its judgment may be decessary to perfect or to preserve the title of the premises covered by this Mortgage, or for insuralnce
premiums or for any authorized maintenance work. Any amount or amounts so paid or advanced shall be added to 4he
principal debt, shall bear interest at the rate provided for in the principal indebtedness from the date of payment or adranSe,
and shall be secured by this Mortgage ratably with said principal debt and interest thereon. Mortgagee, at its option, also
shall be entitled to be subrogated to any lien, claim, or demand paid by it, or discharged with money advanced by it and
secured by this Mortgage. The payments and advances so made shall be payable in approximately equal monthly payWts
extending over such periods as may be agreed upon by the Mortgagor and Mortgagee, but not beyond the due date of the
final installment of the principal debt. In event of failure to agree on date of maturity, the whole of the sum or sums14Q.arttd
or advanced shall be due and payable thirty (30) days after demand by Mortgagee. s
10. The lien of this Mortgagee shall remain in full force and effect during postponement or extension of the thn"1Of
payment of the indebtedness, or any part hereof, which it secures. 1,
•.,,
11. Upon the request of Mortgagee, Mortgagor shall execute and deliver a supplemental Note or Notes for thetium?r
sums advanced or paid by Mortgagee for the alteration, modernization of improvement of the mortgaged property miide,at
Mortgagor's request; and for maintenance of said property, or ground rents, taxes, assessments, sewer and water rents, and sill
other charges and claims assessed or levied against said property by any lawful authority, or for any other purpose elsewhere
authorized hereunder. Said Note or Notes shall be secured by this Mortgage on a parity with and as fully as if the amounts
stated in such Note or Notes were part of that stated in the Note hereby secured. Said supplemental Note or Notes shall bear
interest at the rate provided for in the principal indebtedness and shall be payable in approximately equal monthly payments
for such period as may be agreed upon by Mortgagor and Mortgagee. In event of failure to agree on date of maturity, the
whole of the sum or sums so advanced or paid shall be due and payable thirty (30) days after demand by Mortgagee; but in
no event shall any such maturity or due date extend beyond the due date of the final installment of the principal debt.
12. If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and
Regulations issued thereunder and in effect on the date hereof shall govem the rights, duties and liabilities of the parties
hereto, and any provisions of this or other instruments executed in connection with said indebtedness which are inconsistent
with said Title OF Regulations are hereby amended to conform thereto.
13. If, at any time, a Writ of Execution (Money judgment) or other execution is properly issued. upon a judgment
obtained upon said Note, or if an Action of Mortgage Foreclosure or any other appropriate action or proceeding to foreclose
a mortgage is instituted upon or under this Mortgage, an attorney's commission of five per centum (S%) of said principal debt
shall be payable, and recovered in addition to all principal and interest and all other recoverable sums then due, otgether
with costs of suit.
14. If an deficiency in the amount of any aggregate monthly payment mentioned in (b) of paragraph 2 shall not be
made good by Mortgagor prior to the due date of the next such payment, or if default be made at any time in any of the
covenants and agreements herein, or in the Note secured, then and in every such case, the whole principal debt shall, at the
option of Mortgagee, become due and payable immediately. Payment thereof and all interest accrued thereon, with an
attorney's commission as hereinbefore mentioned, may be enforced and recovered at once, anything herein contained io the
contrary notwithstanding.
In the event of any breach of any covenant, condition, or agreement of said Note, or of this Mortgage, it shall be lawful
for Mortgagee to enter upon all and'singular the land, buildings, and other rights, corporeal and incorporeal, granted by this
Mortgage, and to take possession of the same, and of the fixtures and equipment therein, and ?o have, hold, manage, lease to
any person or persons, use and operate the same in such parcels and on such terms and for such periods of time as Mortgagee
may deem proper in its sole discretion, Mortgagor agreeing that he shall and will, whenever requested by Mortgagee so to do,
assign, transfer, and deliver unto Mortgagee any lease or sublease; and to collect and receive all rents, issues, and profits of
said mortgaged premises and every part thereof; for all of which said Note shall be a sufficient warrant whether or not such
lease or sublease has been assigned; and to make from time to time all reasonable alterations, renovations, repairs, and replace-
ments thereto. After deducting the cost of such alterations, renovations, repairs, replacements, and the expenses incident to
taking and retaining possession of the mortgaged property, the management and operation thereof, and to keeping the same
properly insured, to apply any residue of such rents, issues, and profits to the payment of (a) all ground rents, taxes, charges,
claims, assessments, sewer and water rents, and any other liens that may be prior in lien or payment to the debt secured by
this Mortgage, with interest thereon, (b) premiums for said insurance, with interest thereon, (c) the interest and principal due
and secured by this Mortgage with all costs and attorney's fees; in such order or priority as Mortgagee may determine, any
statute, law, custom, or use to the contrary notwithstanding.
The taking of possession of the mortgagized premises by Mortgages, as herein provided, shall not relieve any default by
Mortgagor, or prevent the enforcement of any of the remedies provided by said Note or this Mortgage.
The remedies provided by said Note and this Mortgage or any other indebtedness therein provided or secured by this
Mortgage, and for the performance of the covenants, conditions, and agreements of said Note or this Mortgage are cumulative
and concurrent, and may be pursued singly, or successively, or together, at the sole discretion of Mortgagee, and may be
pursued singly, or successively, or together, at the sole discretion of Mortgagee, and may be exercised as often as occasion
therefor shall occur.
PROVIDED, that in case default shall be made in the payment of any installment of principal and interest, or any other
payment hereinbbove or in the conditions of said recited Note provided for, or in the keeping and performance by the Mort-
gagor of any covenant or agreement contained therein or in this Mortgage to be by said Mortgagor kept and performed, in the
manner and at the time specified for the performance thereof, such default will entitle Mortgagee forthwith to bring and sue
out an Action of Mortgage Foreclosure upon this Indenture of Mortgage, or to institute any other appropriate action or pro-
ceeding to foreclose a mortgage, and to proceed thereon to judgment and execution, for recovery of said principal debt or
sums and all interest thereon and all other sums hereby secured, together with an attorney's commission for collection, as
aforesaid, and costs and expenses of such proceeding, and to pursue any and all other appropriate legal or equitable remedies
in such cases provided without further stay of execution or other process, any law, usage, or custom to the contrary notwith-
standing. Mortgagor expressly waives and relinquishes all benefit that may accrue by virtue of any and every law made or to
be made exempting the mortgaged premises or any other premises or property whatever, real or personal, from attachment,
BOOK 858 PACF 1101
levy, or sale under execution, or any part of the proceeds arising from any sale thereof, and all benefit of any stay of execu-
tion or other process. Mortgagor hereby waives and relinquishes unto and in favor of the Mortgagee,all benefit under all laws
now in effect or hereafter passed to relieve the Mortgagor in any manner from the obligations assumed in the Note for which
this Indenture is security.
BUT PROVIDED ALWAYS, nevertheless, that if said Mortgagor shall pay or cause to be paid unto the said Mortgage,
the aforesaid debt secured by this Mortgage, when and in the manner hereinbefore mentioned and appointed for payment of
the same, together with interest and all other sums hereby secured, then and from thenceforth, this Indenture, and the estate
hereby granted, as well as said recited Note, shall cease, determine, and become void, anything hereinbefore or in said Note
contained to the contrary notwithstanding.
If this Mortgage is executed by more than one person as Mortgagor, the liability of each shall be joint and several.
The covenants, conditions, and provisions contained in acid Note, or in this Mortgage, shag bind, and the benefits and
advantages thereof shall inure to, the respective heirs, executors, administrators, successors, vendees, and assigns of the parties
hereto or thereto; and whenever used in said Note or in this Mortgage, the singular number shall include the plural, the plural
the singular, the use of any gender shall be applicable to all genders, and the term "Mortgagee" shall include any payee of the
indebtedness represented by said Note, or secured by this Mortgage, or any transferee thereof, whether by operation of law
or otherwise.
IN WITNESS WHEREOF, Mortgagor hereunto sets his hand and seal. Dated the day and year first hereinbbove written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
JQ,Qt a,0A?
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(A
CERTIFICATE OF RESIDENCE
I, the Subscriber, do hereby certify that the correct address of the within-named Mortgagee is MERITOR MORTGAGE
CORPORATION-EAST,AVENUE OF THE ARTS BLDG,BROAD 6 CHESTNUT STREETS, PHILADELPHIA. PA 19107
Witness my hand this THIRD day of APRIL • 1987
r
Agent of ortreree
C OMMONWEALTH OF PENNSYLVANIA)
) as
COUNTY OF CUMBERLAND )
On this THIRD day of APRIL , A.D., 19 87 , before me,
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PLEASE RECORD AND RETURN TO:
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P. 0. BOX 4965
PA 17604
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BOOK AGF 102 ?
LOAN FORM
-- O • FOAM 3626 8.3/81
SCHEDULE B
Policy Number 39-0052-02-003917
Loan
ALAI #6518
This policy does not insure against loss or damage by re-son of the following:
1. Encroachments, overlaps, boundary line disputes and any matters which
would be disclosed by an accurate survey and inspection of the premises.
2. Possible additional tax assessment by reason of new construction or
improvements pursuant to the provisions of the Acts of Assembly relating
thereto, not yet due and payable.
3. Subject to the provisions of the Federal Flood Relief Act of 1973. Company
assumes no liability by reason thereof.
4. The lien of School taxes for the year 1987 and all taxes thereafter,
not yet due and payable.
5. Subject to conditions as set forth in Plan Book 1, page 51.
Countersigned
Authorized Slimatory
C. Wa a Keech f
Schedule d of this Policy consists of 1 pages.
VERIFICATION
Beth Cottrell , Assistant Secretary, and duly authorized representative
of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation deposes and says,
subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to
authorities, that the facts set forth in the foregoing Complaint are true and correct to his/her
knowledge, information and belief.
CHASE HOME FINANCE LLC, s/b/m/t
Chase Manhattan Mortgage Corporation
Beth Cottrell Assistant Secretary
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AUG 2 7 2008
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-05335 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE HOME FINANCE LLC
VS
BIDDLE EDWIN G ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
BIDDLE EDWIN G but was
unable to locate Him in his bailiwick.
(''IIMDT.nTATT - MnDM VnDV
He therefore returns the
NOT FOUND , as to
the within named DEFENDANT BIDDLE EDWIN G
18 ALTOONA AVENUE
ENOLA, PA 17025
DEFENDANT IS DECEASED.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
Postage
/0101/08 4,
So answers : __-,. --?
18.00 15.00 5.00 R. Thomas Kline
10.00 Sheriff of Cumberland County
.59
48.59 GRENEN & BIRSIC
09/15/2008
Sworn and Subscribed to before
me this day of
A. D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-05335 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE HOME FINANCE LLC
VS
BIDDLE EDWIN G ET AL
R. Thomas Kline
duly sworn according to law,
inquiry for the within named
BIDDLE SONG S AKA SONG SUK
unable to locate Her in his
COMPLAINT - MORT FORE ,
-,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
DEFENDANT
BIDDLE but was
bailiwick. He therefore returns the
the within named DEFENDANT
BIDDLE
18 ALTOONA AVENUE
, NOT FOUND , as to
BIDDLE SONG S AKA SONG SUK
ENOLA, PA 17025
DEFENDANT IS DECEASED.
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge 10.00
1 I/p q/U p .00
21.00
So answers;,-,,
R. Thomas Kline
Sheriff of Cumberland County
GRENEN & BIRSIC
09/15/2008
Sworn and Subscribed to before
me this day of
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CHASE HOME FINANCE LLC, s/b/m/t
Chase Manhattan Mortgage Corporation,
CIVIL DIVISION
Plaintiff,
vs.
EDWIN G. BIDDLE and SONG S.
BIDDLE a/k/a SONG SUK BIDDLE,
Defendants.
NO.: 08-5335
TYPE OF PLEADING
PRAECIPE TO SETTLE AND
DISCONTINUE WITHOUT
PREJUDICE
FILED ON BEHALF OF PLAINTIFF:
CHASE HOME FINANCE LLC, s/b/m/t
Chase Manhattan Mortgage Corporation
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION
Chase Manhattan Mortgage Corporation,
Plaintiff,
VS.
EDWIN G. BIDDLE and SONG S.
BIDDLE a/k/a SONG SUK BIDDLE,
Defendants.
NO.: 08-5335
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREJUDICE
TO: PROTHONOTARY
SIR:
Kindly settle and discontinue without prejudice the above-captioned matter and mark the
docket accordingly.
GRENEN & BIRSIC, P.C.
BY:
?KriAifte M. Anthou, Esquire
Attorneys for Plaintiff
Sworn to and subscribed before me
this auo\ day of 6t,6b 4 Jy , 2008.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
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Member. PwmOvenia Assodoftn of No*An
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