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HomeMy WebLinkAbout09-8836IN 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. THOMAS OLSZOWKA, Defendant. NO.. 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 Defendant. CIVIL DIVISION NO.: I- ® ? ' 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 Defendant, Thomas Olszowka, is an individual whose last known address is 206 Burd Street, Middletown, Pennsylvania 17057. 3. On or about January 20, 2006, Defendant executed a VA Fixed Rate Note ("Note") in favor of JPMorgan Chase Bank, N.A. ("JPM") in the original principal amount of $138,718.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about January 20, 2006, as security for payment of the aforesaid Note, Defendant made, executed and delivered to JPM a Mortgage in the original principal amount of $138,718.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 24, 2006 in Mortgage Book Volume 1938 Page 1085. A true and correct copy of said Mortgage, containing a description of the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, vs. Plaintiff, THOMAS OLSZOWKA, premises subject to the Mortgage ("Mortgaged Premises"), is marked Exhibit "B", attached hereto and made a part hereof. 5. JPM assigned all of its right, title and interest in and to the Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage, recorded in the office of the Recorder of Deeds of Cumberland County at Instrument Number 200921573. A true and correct copy of said Assignment of Mortgage is marked as Exhibit "C", attached hereto and made part hereof. 6. Defendant is the record and real owner of the aforesaid Mortgaged Premises. 7. Defendant is in default under the terms of the Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the January 1, 2009 payment. 8. On or about March 4, 2009, Defendant was mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notices") in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notices. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $133,897.27 Interest to 12/8/09 $ 8,894.12 Late Charges to 12/8/09 $ 280.08 Escrow Deficiency to 12/8/09 $ 2,134.58 Corporate Advances $ 2,550.27 Attorney's fees $ 850.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $1 519106.32 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $151,106.32 with interest thereon at the rate of $23.84 per diem from December 9, 2009, 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: 4L ? C X C 2-/Z (/- '?-- Kristine M. 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" • 1742209913 VA FIXED RATE NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. Camp Hill, PA City, State January 20, 2006 Date 129, 131 , 1332.d St, Enola, PA 17025 Property Address 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 138,718.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is JI'Morgan Chase Bank, N.A. a national banking association organized and existing under the laws of the United States of America I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 6.500 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on March Ist, 2006 I will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe tinder this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on February 1, 2036 , I still owe amounts tinder this Note, I will pay those amounts in frill on that date, which is called the "Maturity Date." I will make my monthly payments at JPMorgan Chase Bank, N.A., c/o Chase Home Finance, LLC 3415 Vision Drive, Columbus, OH 43219 or at a different place if required by the Note Holder. (R) Amount of Monthly Payments My monthly payment will be in the amount of U.S.$ 876.80 4. BORROWER'S RIGHT TO PREPAY The Borrower shall have the right 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 $100, whichever is less. Any Prepayment in full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier. 5. LOAN C14ARCES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to rednce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen (15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue monthly installment, which includes principal, interest, taxes, and insurance, as allowed by state law. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require inc to pay immediately the frill amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at (cast 30 days after the date on which the notice is mailed to me or delivered by other means. VA MULTISTATE FIXED RATE, NOTE C-7400 Page 1 of 2 (M) (mplaces IM1) 1742209913 (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the fiull amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS i and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. ALLONGE TO THIS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box) I Graduated Payment Allonge I Other (Specify) 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security instrument"), dated the same date as this Note, protects the Note Holder from possible tosses which might result if I do not keep the promises which I make in this Note. That Security instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts i owe under this Note. Some of those conditions are described as follows: Regulations (38 C.P.R. Part 36) issued under the Department of Veteran's Affairs ("VA") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) and SEAL(S) OF THE UNDERSIGNED. _ (Seal) -nmo«R _ (Seat) -aorrowa (Seal) omas Olszowka Boffcw PDy to the Order art Without Recourse JPMO n chase Ban A. BY, WANDA CROCKFUIM/ASSISTANT SECRETARY (Seal) -Barn VA MULTISTATE FIXFD RATE NOTE C-7400PPSe 2 of 2 (9/43) treptom trop Exhibit "B" 46 Prepared By: Return To., JPMorgan Chase Custody Services P.O. Box 8000 Monroe, LA 71211 Premises: Paieel Number: 129, 131 , 133 2nd St 4517.1044234235,236 En0la, PA 17025 -[Space Above This Line For Recording Data[ MORTGAGE DEFINITIONS Words used in multiple sections oPthis document are defined below and other words are defined in Sections 3, 11, 13, 183 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.. ?.': (A) "SeeurityInstrument" means this document, which is dated January 20, 2006 together with all Riders to this document. ' (B) "Borrower"is Thomas Olszowka.' Borrower is the mortgagor under this Security Instrument. (C) "Lender"is JPMorgan Chase Bank, N.A. Lender is a national banking association 1742209913 PENNSYLVANIA - Single Family - Fannie Mae/Fraddle Mac UNIFORM INSTRUMENT -6(PA) 106021 Pape 1 at 15 Initials: VMP Mortgage Solutions. Im. (8()0)521-7291 Form 3039 1101 Roil 111111111111111111111111 111111 BK 1938PG 1085 organized and existing under the laws of the United States of America Lender's address is 1111 Polaris Parkway, Columbus, OH 43240 Lender is the mortgagee under this Security Instrument. (D) "Vote" means the promissory note signed by Borrower and dated January 20, 2006 The Note states that Borrower owes Lender One hundred thirty-eight thousand seven hundred eighteen and 00/100 Dollars (U.S. $ 138,718.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1, 2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: F-J Adjustable Rate Rider EDCondominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ®1-4 Family Rider ? VA Rider ? Biweekly Payment Rider ? Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (.n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third ptuty (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (NT) ",Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 1742209913 / =$IpA1 (MZ) Inlusls:! Pane 2 of r 8 Form 3038 1101 61K 1938PG1086 (U) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY [Type of Recording Jurisdiction) of CUMBERLAND [Name of Recording Jurisdiction): See attached Schedule A which currently has the address of 129, 131 , 133 2nd St [Street) Enola [City), Pennsylvania 17025 [zip Codc) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." 1742209913 ? t?'6(PA) loaozl Pie s of 16 wtialc ? Form 3039 1101 BK 1938PG 1087 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lendcr unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority; (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to laic charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 1742209913 Inhfah: / ((//?'81PA1 (=2) Page 4 of 18 Form 3039 1101 BK ! 938PG 1088 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 1742209913 lo- inivais: i 4: ®-6(PA) (0502) Page 5 of tie Form 3038 1101 SKI938PG1089 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-tithe charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 1742209913 ['- InfUals: ?_7 T 4R-G(PA) (o5o2) crags s of 16 Form 3039 1101 8K.! 938PG 109.0 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear ititcrest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to bold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 1742209913 ®-8(PA) (o5w) ?nuws: P°a° 7 of 15 Form 3039 1101 BK193BPG.1091 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of it lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but arc not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 1742209913 Inillels: /1 r 40-B(PA) (osoz) Papa e of is ?- Form 3039 1101 BK I 938PG 1092,' Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceasesto be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may tinter into agreements with other parties that share or modify their risk, or reduce losses. These agreements arc on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower hits agreed to pay for A•lortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for i lortg2ge Insurance, and they will not entitle Borrower to any refund. 1742209913 Init4ls: 40 -G(PA) (osw) Paps a or to Form 3039 1101 BKI938PG1093 . . (h) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lendees security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lcndcr shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower, Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defrncd in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 1742209913 -6(PA) r05Q2) Pepe io of ra Form 3039 1101 BAI938PG1094 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sugns secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrunicnt must be in writing. Any notice to Borrower in connection with this Security Instru ent shall be deemed to 1742209913 InWals: ( -G(PA) (osoz> pays 11 of to Form 3039 1l01 OU938PG1095 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otlicrwisc. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifics a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties *to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Lam, might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 1742209913 initials; -6(PA) (0502) Papa 12 of 18 Form 3039 1101 9K1938PGfQ96 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take.corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" arc those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 1742209913 0 IQ -G(PA) 405o2> InIUa?:: Paps 13 of 18 Farm 3039 1101 QK 1938PG.i 097 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower icams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things; (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is tent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 1742209913 4., Initlal?: r 0.6(P'A) (o5m) Paps 14 of 16 Form 3038 1101 8K1938PG1098 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrumcnt and in any Rider executed by Borrower and recorded with it. Witnesses: 1742209913 ?$1pAl (0502) _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower al) Thomas Olszowka -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Pape 15 or 16 Form 3038 1101 8K ! 938PG 1099 CONIMONWEALTH OF PENNSYLVANIA, CUMBERLAND On this, the 20th day of January 2006 undersigned officer, personally appeared Thomas Olszowka County ss: , before me,'the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Certif icate ResidencV I? LOW the correct -Address of the within-named Mortgagee is Witness my hand this 20th 1742209913 t?'6(PA) 1o5o2t day of January 2006 Pape 18 of 15 , do hereby certify that Initials:V " Form 3039 1101 BKI938PGI 100 1742209913 1-4 FAMILY RIDER Assignmentof Rents THIS 1A FAMILY RIDERis made this 20th day of January, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to JPMorgan Chase Bank, N.A. (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 129, 131 , 133 2nd St Enola, PA 17025 Pro"dy AWnm 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTYSUBJECTTO THE SECURITY INSTRUMENT. In addition to the property described in the Security Instrument, the following items now or hereafter attached to the property to the extent they are fixtures are added to the property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panelling and attached MULTISTATE 1-4 FAMILY RIDER rmm31709190 C-60151.T (01101) Page I of4 (Replaces 2/00) 8KI938PGI101 floor coverings now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY;COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Uniform Covenant 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 19 is deleted. F. BORROWER'S OCCUPANCY. With regard to non-owner occupied investment properties, the first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. For all properties, all remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. G. ASSIGNMENT OF LEASES. Upon Lender's request, after default. Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this Paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS;APPOINTMENTOFRECEIVER J.ENDERIN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, MULTISTATE 1-4 FAMILY RIDER rcm, 317o9Ao C-GOISLT (01/01) Page 2 of4 (Replaces 2J00) BKI938PG1 102 1742209913 Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant to Paragraph 22 of the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the cost of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Uniform Covenant 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. 1. CROSS -DEFAULTPROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. MULTISTATE 1-4 FAMILY RIDER c-6ols[. f (ovo1) Page 3 ON (Rcplaces 2/00) Fu 3170 990 9KI938PG1 103 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. JAN 2 0 2005 4T6?mas Olszowka Date Applicant Date Applicant Date Applicant Date MULTISTATE 14 FAMILY RIDER C-6015LT (01/01) Page 4 of 4 (Replaces 2/00) Form 31709/90 OKI938PG1104 VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this20th day of January, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Instrument") dated of even date herewith, given by the undersigned (herein "Borrower") to secure Borrower's Note to JPMorgan Chase Bank, N.A. (herein "Lender") and covering the Property described in the Security Instrument and located at 129, 131 , 133 2nd St Enola, PA 17025 [Property Address] VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: 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 govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. 1742209913 MULTISTATE VA GUARANTEED AN AND ASSUMPTION POLICY RIDER -538R (0405) Page 1 of 3 Initials: v ` VMP Solutions, 1 ?( 1l??II??IIi (800)521-7291 UKI938PG1 105 LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4%) of the overdue payment when paid more than fifteen (15) 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 sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits," the Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFEROF THE PROPERTY:This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING FEE A fee equal to ( %) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729 (c). (b) ASSUMPTION PROCESSING CHARGE Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. 1742209913 Ct-538R (0405) Page 2 of 3 Initials: BK 19 3SPG 1 106 r IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy Rider. -Borrower Thomas Olszowka -Borrower -Borrower -Borrower -Borrower -Borrower -Borrower -Borrower 1742209913 (q-538R (0405) Page 3 of 3 1 Certify this to be recorded In Cumberland County PA Recorder of Deeds BKI93.8PG1 107 SCHEDULE C Legal Description Commitment Number: GR05-1286REP ALL THOSE CERTAIN tract of house and land situate in East Pennsboro Township (formerly West Fairview Borough), Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1 - BEGINNING at a point in the line of Second Street (formerly known as Main Street) 25 feet 8 inches, more or less, from the dividing line between Lots Nos.- 17 and 18, corner of land now or formerly of Alice C. Disney, widow; thence along the line of said other land, now or formerly of Alice C. Disney, widow, and through the center of the partition wall between premises numbered 129 Second Street and premises numbered 131 Second Street adjacent thereto on the North, a distance of 139 feet to a point; thence in a southerly direction, a distance of 12 feet 10 inches, more or less, to a point; thence in a westerly direction 139 feet to a point in the line of Second Street aforesaid; thence along said line of Second Street in a northerly direction, a distance of 12 feet, 10 inches, more or less, to a point at the line of the other land now or formerly of Alice C. Disney, widow, at the place of BEGINNING. BEING Parcel Number 45-17-1044-236. TRACT NO. 2 - BEGINNING at a point in the line of Second Street, (formerly known as Main Street), 12 feet, 10 inches, more or less, South of the dividing line between Lots Nos. 17 and 18, corner of lot now or late of Robert W. Karns and Dorothy M. Karns; thence along the line of said Second Street, in a southerly direction, a distance of 12 feet 10 inches, more or less, to a point in said line of Second Street; thence along the line of other land now or formerly of Alice C. Disney, in an easterly direction and through the center of the partition wall between premises numbered 131 Second Street and conveyed hereby, and premises numbered 129 Second Street, adjacent hereto on the South, a distance of 139 feet to a point; thence in a Northerly direction 12 feet 10 inches, more or less, to a point on the line of land now or late of Robert W. Karns and Dorothy M. Karns, his wife, aforesaid; thence along said line of lands now or late of Robert W. Karns and Dorothy M. Karns, his wife, in a westerly direction a distance of 139 feet to a point in the line of Second Street aforesaid, at the place of BEGINNING. BEING Parcel Number 45-17-1044-235. TRACT NO. 3 - BEGINNING at a corner on the eastern line of Second Street between Lots Nos. 17 and 18; thence eastwardly a distance of 139 feet to a point; thence South a distance of 11.6 feet to a point; thence West, through the center of a partition wall, a distance of 139 feet'to a point; thence North a distance of 11.6 feet to a point, the place of BEGINNING. BEING part of Lot No. 18 on the original Town Plot'of West Fairview. AS SURVEYED by D.P. Raffensperger on January 29, 1953. HAVING THEREON erected a two-story frame dwelling house known as No. 133 Second Street. BEING Parcel Number 45-17-1044-234. STEWART TITLE GUARANTY COMPANY BK 1938PG 1 108 Exhibit "C" CHF Loan No.: 1742209913 3 Q Prepared By: Grenen & Birsic, P.C. 000K6C One Gateway Center, 9u' Floor Pittsburgh, PA 15222 Return To: Grenen & Birsic, P, C. One Gateway Center, 9`4 Floor Pittsburgh, PA 15222 Parcel #: 45-17-1044-236; 45-17-1044-235; and 45-17-1044-234 ASSIGNMENT OF MORTGAGE From Thomas Olszowka, ) Mortgage Dated: January 20, 2006 Mortgagor ) Mortgage Recorded: January 24, 2006 To JPMorgan Chase Bank, N.A. ) Mortgage Book Volume: 1938, Page 1085 Mortgagee ) in the Recorder's Office of Cumberland County, Pennsylvania. Amount: $138,718.00 For value received and intending to be legally bound hereby, JPMorgan Chase Bank, N.A. ("Assignor") does hereby this 0- q day of a 2009, grant, sell, assign, transfer, set over and deliver Chase Home Finance LLC, s/b/m/ttChas uhattan Mortgage Corporation, ("Assignee"), its successors and assigns, all right, title and interest of Assignor in and to the above- referenced Mortgage together with all of Assignor's rights, remedies, incidents and appurtenances as stated in the Mortgage and all of the right, title and interest of Assignor in the premises described in the Mortgage; and Assignor specifically assigns by this Assignment the debt instrument intended to be secured by the Mortgage. Assignor, its successors and assigns, is making this Assignment of Mortgage without any recourse, representation or warranties. In Witness Whereof, Assignor has caused this Assignment to be executed by its hand and seal, with authority therefore, the day and year first above written, ATTEST: JPMORGAN CHASE BANK, N.A., By: t . Un Name: Ass t ecretary Title: Vice President Property A dress: 129, 131, and 133 2`d Street, Enola, PA 17025 East Pennsboro Township _r, STATE OF ) COUNTY OF Franklin ) S$' ) On this, the day of 0L 2009, before me, the undersigned officer, personally appeared ? W ,who acknowledged himself to be the Vice President of JPMorgan Chase Bank, N.A., ayd that he, being authorized to do so, executed the foregoing Assignment of Mortgage for the purposes thereincontained by signing the name of the corporation by himself as ??. It Witness Whereof, I hereunto set my hand and official seal. p?? R My1?0111111?10i1F.><pkff06."2 Not4 _y blic ?paM.? Certificate of Residence I, Patricia A. Townsend, do certify that the Assignee's precise address is 3415 Vision Drive Columbus, Ohio 43219. Commonwealth of Pennsylvania County of Cumberland Recorded on this ss: day of A.D. 2009, in the Recorder's Office of the said County, at Mortgage Book Volume Page Give under my hand and the seal of the said office the day and year aforesaid. WITNESS: Recorder By: if 1 w" ?jiyr ? Wh f f i• •L 0110 Ll MD.?y M Y ? ,r .'°v ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240.6370 Instrument Number - 200921573 Recorded On 6/25/2009 At 11:12:19 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 46827 User ID - AF * Mortgagor - OLSZOVY A, THOMAS * Mortgagee - CHASE HOME FINANCE LLC * Customer - GRCNEN & BIRSIC * FEES * Total Pages - 3 STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $30.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $57.00 I Certify this to be recorded in Cumberland County PA op t:u 8 RECORDER O tieio " -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. YIVIAI?IYWA 0 0 VERIFICATION Beth Cottrell Assistant Secretary, and duly authorized representative of Chase Home Finance I.LC, 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 arc true and correct to his,"her knowledge, information and belief. Chase Home Financc LLC, s/b/m/t Chase Manhattan Mortgage Corporation Beth Cottrell Assistant Secretary Fly` ?c2 •00 "",/ , "'Of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNS~VA~IA ~; ~, ~-~ -n • -~ ' r~ Q _ '- -n 1:7~= CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION '" = - -- :T m dam, Chase Manhattan Mortgage Corporation, __,~T, ~' .:;~ .l J Plaintiff, NO.: 09-8836-Civil `' '-- ;- =u{ m .=~ cn rU ~ vs. TYPE OF PLEADING: THOMAS OLSZOWKA, PRAECIPE FOR DEFAULT JUDGMENT Defendant. (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation I hereby certify that the address of Plaintiff is: COUNSEL OF RECORD FOR THIS 3415 Vision Drive PARTY: Columbus, OH 43219 ~-istine M. Anthou, Esquire Pa. I.D. #77991 the last known address of Brian M. Kile, Esquire Defendant is: Pa. I.D. #89240 206 Burd Street Middletown, PA 17057 GRENEN &BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 GRENEN &BIRSIC, P.C. ~ __ ~-- , ~. '1.L U~ ~ ~ ~ C(1tiC.~--~ L ~ Att eys for Plaintiff $i~.oo PO ATt~/ ~~~ la3'7'7 0 a3'7 800 I~crhee, ~-~-~ 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, NO.: 09-8836-Civil vs. THOMAS OLSZOWKA, Defendant. TO: PROTHONOTARY SIR/MADAM: PRAECIPE FOR DEFAULT JUDGMENT Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Thomas Olszowka, in the amount of $153,284.37, which is itemized as follows: Principal $133,897.27 Interest to 2/16/10 $ 10,535.44 Late Charges to 2/16/10 $ 280.08 Escrow Deficiency to 2/16/10 $ 3,154.58 Corporate Advances $ 2,538.21 Unapplied Funds ($ 471.21) Attorney's fees $ 850.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $153,284.37 with interest on the principal sum at the rate of $23.84 per diem (as may change from time to time in accordance with the terms of the Note) from February 16, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. ` ~ __ ,. Kristin M. Anthou, Esquire Attorneys for Plainti AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant was not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. i Sworn to and subscribed before me this ~~~ day of , 2010. < < Not u lic GOMMONWEAL~Ii 8F PENNS~iiiANIA Notarial Seal Eizabetl~ M. Palano, Notary Pudic ~y ~ +'~. ANepheny ~Y My Commi:~lon E~lres Jan. 6.2012 AAernber, Pennsylvania Association of Notaries ~ ~ 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. THOMAS OLSZOWKA, Defendant. TO: Thomas Olszowka 206 Burd Street Middletown, PA 17057 DATE OF NOTICE: February 5, 2010 NO.: 2009-8836 Il~IPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII.ED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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, 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 FIRST CLASS MAII,, POSTAGE PREPAID GRENEN & BIRSIC, P.C. B Y• Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, NO.: 09-8836-Civil vs. THOMAS OLSZOWI{A, Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Thomas Olszowka 206 Burd Street Middletown, PA 17057 ( )Plaintiff (XX) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on o2 /4 p ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $153,284.37 with interest on the principal sum at the rate of $23.84 per diem (as may change from time to time in accordance with the terms of the Note) from February 16, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. / ~~ ,' PHELAN HALLINAN, LLP •tt•d y(-f : It> iff Allison F. Zuckerman, Esq., Id. No.309519 Sp `' 1617 JFK Boulevard, Suite 1400 25 MO: 12 One Penn Center Plaza CUMBERLAND Philadelphia, PA 19103 PENNS, COUNTY allison.zuckerman @phelanhallinan.com � AN14 215-563-7000 • Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation • COURT OF COMMON PLEAS • Plaintiff : CIVIL DIVISION vs. • CUMBERLAND COUNTY • THOMAS OLSZOWKA • No. 2009-08836 • • Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of the Plaintiff, Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation in the above captioned matter. Phelan Hallinan, LLP Date: 0.0) By• m ison ri �cker •.n, Esq., Id. No.309519 Attorney for Plaintiff Phelan Hallinan, LLP PH#817608 PHELAN HALLINAN, LLP Attoi �'L11Xtiff Allison F. Zuckerman, Esq., Id. No.309519 iC x 1617 JFK Boulevard, Suite 1400 �, Sri L One Penn Center Plaza i AND COUNTY Philadelphia, PA 19103 N $}' Y ,Ml allison.zuckerman@phelanhallinan.com 215-563-7000 Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation • • COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. • • CUMBERLAND COUNTY THOMAS OLSZOWKA No. 2009-08836 Defendant CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Entry of Appearance was served by regular mail on Defendant(s) on the date listed below: THOMAS OLSZOWKA 206 BURD STREET MIDDLETOWN, PA 17057-1509 Phelan Hallinan, Date: 9 pArilp By: ison '� son F. Zuc rman, Esq., Id. No.309519 Attorney for Plaintiff Phelan Hallinan, LLP PH#817608 � 1 Phelan Hallinan,LLP Attorney For Plaintiff RO''ONO TA R't" 1617 JFK Boulevard,Suite 1400 20130C1 -2 all 10: 16 One Penn Center Plaza Philadelphia,PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA CHASE HOME FINANCE LLC S/B/M/T Court of Common Pleas CHASE MANHATTAN MORTGAGE . COPRORATION Civil Division Plaintiff . CUMBERLAND County vs . No.2009-08836 THOMAS OLSZOWKA Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION is the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby CHASE HOME FINANCE LLC SB/M/T CHASE MANHATTAN MORTGAGE COPRORATION is now known as JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. Kindly amend the information on the docket accordingly. Date: JO i 113 By: l Jonat an Lobb,Esq., Id.No.312174 Attorney for Plaintiff PH# 817608 Oo .} q.SOpel el 1 1�.. f I Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CHASE HOME FINANCE LLC Court of Common Pleas S/B/M/T CHASE MANHATTAN . MORTGAGE COPRORATION Civil Division Plaintiff CUMBERLAND County vs No. 2009-08836 THOMAS OLSZOWKA Defendant PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, located 1111 POLARIS PARKWAY, COLUMBUS, OH 43240. Date: / B/1 113 PHELAN HALLINAN, LLP By: Jonat an Lobb,Esq., Id.No.312174 Attorney for Plaintiff PH# 817608 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. Date: /0/i/12 PHELAN HALLINAN,LLP By: Jona an Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PH# 817608 • Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CHASE HOME FINANCE LLC SB/M/T CHASE Court of Common Pleas MANHATTAN MORTGAGE COPRORATION Plaintiff Civil Division v. CUMBERLAND County THOMAS OLSZOWKA No. 2009-08836 Defendant PH# 817608 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mark judgment to JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: THOMAS OLSZOWKA 206 BURD STREET MIDDLETOWN,PA 17057-1509 Date: I/ )13 PHELAN HALLINAN, LLP By: 16-7.1 n tbb Esq.,Id. No.312174 Jo a q, Attorney for Plaintiff Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JP MORGAN CHASE BANK, Court of Common Pleas NATIONAL ASSOCIATION SB/M CHASE HOME FINANCE, LLC SB/M Civil Division TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND County Plaintiff No.2009-08836 vs - c THOMAS OLSZOWKA ;.s . Defendant t--= SUGGESTION OF RECORD CHANGE `' RE: PROPERTY ADDRESS IN DOCKET c) - (n P TO THE PROTHONOTARY: , ' Property Address was erroneously listed on the docket as: 129, 131, 133 2ND STREET,ENOLA,PA 17025 The correct Property Address is: 1129,1131,1133 2ND STREET A/K/A 129, 131,133 2ND STREET,ENOLA,PA 17025 Kindly change the information on the docket. Date: 1 f) 1 1 113 PHELAN HALLINAN LLP By: Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH# 817608 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JP MORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Civil Division v. CUMBERLAND County THOMAS OLSZOWKA No. 2009-08836 Defendant PH#817608 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: THOMAS OLSZOWKA 206 BURR STREET MIDDLETOWN, PA 17057-1509 Date: /0 /1 ) I3 PHELAN HALLINAN, LP By: I1 Jona A Lobb,Esq.,Id. No.312174 Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/BIM CHASE COURT OF COMMON PLEAS HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE . CORPORATION CIVIL DIVISION Plaintiff . NO.: 2009-08836 v. • THOMAS OLSZOWKA CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $153,284.37 7,01 . en r en r„,1:1:72:1 Interest from 02/20/2010 to Date of Sale $37,170.00 cnr- t . ($25.20 per diem) atra C -rr. cy TOTAL $190,454.37 , 1P an Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#817608 C.) a oa ga. 00 « �q. 00h' " . St) " " . SDLL elm / '?5/ )? n# aa� gia nZ e nb � � 4s V t r,"5, %.0 r 74 n O ° am � �IQ O c r N ,� O � nt � % teA � p O a. N b� ° � s.i 1 �r w i C.")to ) si t'., Z 1, 9 N � a oVor, co O I NO to CA Co M H L Q, r c) LJa a 0 LEGAL DESCRIPTION ALL THOSE CERTAIN tract of house and land situate in East Pennsboro Township(formerly West Fairview Borough),Cumberland County,Pennsylvania,more particularly bounded and described as follows, to wit: -TRACT-NO: 1---BEGINNING at a point in theline of Second Street(foimerfy known as Main Street)25-feet 8 inches,more or less,from the dividing line between Lots Nos. 17 and 18,corner of land now or formerly of Alice C.Disney,widow;thence along the line of said other land now or formerly of Alice C.Disney,widow, and through the center of the partition wall between premises numbered 129 Second Street and premises numbered 131 Second Street adjacent thereto on the North, a distance of 139 feet to a point;thence in a southerly direction,a distance of 12 feet 10 inches,more or less, to a point; thence in a westerly direction 139 feet to a point in the line of Second Street aforesaid; thence along said line of Second Street in a northerly direction, a distance of 12 feet, 10 inches,more or less,to a point at the line of the other land now or formerly of Alice C.Disney,widow, at the place of BEGINNING. TRACT NO.2-BEGINNING at a point in the line of Second Street,(formerly known as Main Street), 12. feet, 10 inches,more or less,South of the dividing line between Lots Nos. 17 and 18,corner of lot now or late • of Robert W. Karns and Dorothy M.Karns;thence along the line of said Second Street,in a southerly direction, a distance of 12 feet 10 inches,more or less,to a point in said line of Second Street;thence along the line of other land now or formerly of Alice C. Disney,in an easterly direction and through the center of the partition wall between premises numbered 131 Second Street and conveyed hereby, and premises numbered 129 Second Street,adjacent hereto on the South, a distance of 139 feet to a point;thence in a Northerly direction 12 feet 10 inches,more or less,to a point on the line of land now or late of Robert W. Karns and Dorothy M.Karns,his wife,aforesaid;thence along said line of lands now or late of Robert W. Karns and Dorothy M. Karns,his wife,in a westerly direction a distance of 139 feet to a point in the line of Second Street aforesaid, at the place of BEGII ]NIING. TRACT NO. 3-BEGINNING at a corner on the eastern line of Second Street between Lots Nos. 17 and 18; thence eastwardly a distance of 139 feet to a point;thence South a distance of 11.6 feet to a point; thence West,through the center of a partition wall,a distance of 139 feet to a point;thence North a distance of 11.6 feet to a point,the place of BEGINNING. BEING part of Lot No. 18 on the original Town Plot of West Fairview. AS SURVEYED by D.P.Raffensperger on January 29, 1953. HAVING THEREON erected a two-story frame dwelling house. TITLE TO SAID PREMISES VESTED IN Thomas Olszowka, single man,by Deed from Jack D.Peck, Jr. and Sue Ann Peck, h/w, dated 01/20/2006,recorded 01/24/2006 in Book 272, Page 4388. PREMISES BEN G: 1129,1131, 1133 2ND STREET,A/KJA 129,131,133 2ND STREET,ENOLA,PA 17025 PARCEL NO. 1: 45-17-1044-236 PARCEL NO. 2: 45-17-1044-235 PARCEL NO. 3: 45-17-1044-234 or. �°'r s £ Attorneys for Plaintiff �=# _��1 �- Jonathan Lobb, Esq., Id. No.312174 r'. THE PR E j Tg PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2013 OCT -2 AH 18: 20 Philadelphia, PA 19103 Z����R���� COUNTY Y �� �� 215-563-7000 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M : COURT OF COMMON PLEAS CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN : MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff : NO.: 2009-08836 v. THOMAS OLSZOWKA : CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied (X) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: G l .,/ /elan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff JP MORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION S/B/M CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE • CIVIL DIVISION CORPORATION Plaintiff NO.: 2009-08836 v. CUMBERLAND COUNTY THOMAS OLSZOWKA Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the-Writ of Execution was filed,the following information concerning the real property located at 1129,1131,1133 2ND STREET,A/K/A 129,131,133 2ND STREET,ENOLA,PA 17025. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) THOMAS OLSZOWKA 206 BURD STREET MIDDLETOWN,PA 17057-1509 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE. _ = rQs 4''-' --rr 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real ty t"Pe so Name Address(if address cannot be Cr)r— reasonably ascertained,please indicate) None. CD 4. Name and address of last recorded holder of every mortgage of record: W-t r 5 i Name Address(if address cannot be t reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PH# 817608 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1129,1131,1133 2ND STREET A/K/A 129,131,133 2ND STREET ENOLA,PA 17025 TENANT/OCCUPANT 1129 2ND STREET ENOLA,PA 17025 TENANT/OCCUPANT 1131 2ND STREET ENOLA,PA 17025 TENANT/OCCUPANT 1133 2ND STREET ENOLA,PA 17025 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: /0 ( )L3 By: 211( P an Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 817608 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION : COURT OF COMMON PLEAS S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff : NO.: 2009-08836 • vs. : CUMBERLAND dill/WY �'{ THOMAS OLSZOWKA mop , f l -' Defendant(s) rn >' N CD 4 C) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY y° "-;: cz) ' TO: THOMAS OLSZOWKA 3' `r$ 206 BURD STREET - MIDDLETOWN,PA 17057-1509 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 1129, 1131, 1133 2ND STREET,A/K/A 129, 131, 133 2ND STREET, ENOLA,PA 17025 is scheduled to be sold at the Sheriff's Sale on 03/05/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$153,284.37 obtained by JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 2009-08836 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. THOMAS OLSZOWKA owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1129, 1131, 1133 2ND STREET,A/K/A 129, 131, 133 2ND STREET, ENOLA,PA 17025 Parcel No. 45-17-1044-234, 45-17-1044-235, and 45-17-1044-236 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $153,284.37 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THOSE CERTAIN tract of house and land situate in East Pennsboro Township(formerly West Fairview Borough),Cumberland County,Pennsylvania,more particularly bounded and described as follows, to wit: TRACT NO. 1 -BEGINNING at a point in the line of Second Street(formerly known as Main Street)25 feet 8 inches,more or less,from the dividing line between Lots Nos. 17 and 18,corner of land now or formerly of Alice C.Disney,widow;thence along the line of said other land now or formerly of Alice C.Disney,widow, and through the center of the partition wall between premises numbered 129 Second Street and premises numbered 131 Second Street adjacent thereto on the North, a distance of 139 feet to a point;thence in a southerly direction,a distance of 12 feet 10 inches,more or less,to a point;thence in a westerly direction 139 feet to a point in the line of Second Street aforesaid;thence along said line of Second Street in a northerly direction,a distance of 12 feet, 10 inches,more or less,to a point at the line of the other land now or formerly of Alice C. Disney,widow,at the place of BEGINNING. TRACT NO. 2-:BEGINNING at a point in the line of Second Street, (formerly known as Main Street), 12, feet, 10 inches,more or less,South of the dividing line between Lots Nos. 17 and 18,corner of lot now or late of Robert W.Karns and Dorothy M.Karns;thence along the line of said Second Street,in a southerly direction,a distance of 12 feet 10 inches,more or less,to a point in said line of Second Street;thence along the line of other land now or formerly of Alice C.Disney,in an easterly direction and through the center of the partition wall between premises numbered 131 Second Street and conveyed hereby, and premises numbered 129 Second Street,adjacent hereto on the South, a distance of 139 feet to a point;thence in a Northerly direction 12 feet 10 inches,more or less,to a point on the line of land now or late of Robert W. Karns and Dorothy M. Karns,his wife,aforesaid;thence along said line of lands now or late of Robert W. Karns and Dorothy M. Karns,his wife,in a westerly direction a distance of 139 feet to a point in the line of Second Street aforesaid, at the place of BEGINNING. TRACT NO. 3-BEGINNING at a corner on the eastern line of Second Street between Lots Nos. 17 and 18; thence eastwardly a distance of 139 feet to a point;thence South a distance of 11.6 feet to a point;thence West,through the center of a partition wall,a distance of 139 feet to a point;thence North a distance of 11.6 feet to a point,the place of BEGINNING. BEING part of Lot No. 18 on the original Town Plot of West Fairview. AS SURVEYED by D.P.Raffensperger on January 29, 1953. HAVING THEREON erected a two-story frame dwelling house. TITLE TO SAID PREMISES VESTED IN Thomas Olszowka, single man, by Deed from Jack D. Peck, Jr. and Sue Ann Peck,h/w, dated 01/20/2006, recorded 01/24/2006 in Book 272, Page 4388. PREMISES BEING: 1129,1131, 1133 2ND STREET,A/K/A 129,131,133 2ND STREET,ENOLA,PA 17025 PARCEL NO. 1: 45-17-1044-236 PARCEL NO. 2: 45-17-1044-235 PARCEL NO. 3: 45-17-1044-234 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-8836 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE,LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff(s) From THOMAS OLSZOWKA (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: $153,284.37 L.L.: $.50 Interest FROM 2/20/2010 TO DATE OF SALE($25.20 PER DIEM)-$37,170.00 Atty's Comm: Due Prothy:$2.25 Atty Paid: $181.00 Other Costs: Plaintiff Paid: Date: 10/2/13 • David D.B ell,Prothonota (Seal) C eseek� Deputy REQUESTING PARTY: Name:JONATHAN LOBB,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312174 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, VS. THOMAS OLSZOWKA, Defendant. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTO EY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, 01143219 AND THE DEFENDANT IS: 206 Burd Street Middletown, PA 1705 ATTO EY FOR PLAINTIFf CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS CIVIL DIVISION NO.: O9 9573 (o TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE 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 129. 131. 133 2nd Street. East Pennsboro Twn (CITY, BORO, TOWNSHIP,WARD) ATTORNEY FOR PLAINTIF Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff Itt .may FE`df�tS A�©fl;�;�r) JP MORGAN CHASE BANK, NATIONAL : COURT OF COMMON PLEAS ASSOCIATION S/B/M CHASE HOME FINANCE, LLC SB/M TO CHASE : CIVIL DIVISION MANHATTAN MORTGAGE CORPORATION : NO. 2009-08836 Plaintiff : CUMBERLAND COUNTY v. THOMAS OLSZOWKA Defendant MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 1129, 1131, 1133 2ND STREET, A/K/A 129, 131, 133 2ND STREET, ENOLA, PA 17025 involved herein has been scheduled for June 4, 2014. 2. Plaintiff has been unable to have the Notice of Sale served upon the Defendants at least thirty days prior to the sale, as required by Pennsylvania Rule of Civil Procedure 3129.2. 3. A three month postponement of the Sheriffs Sale will allow Plaintiff a sufficient amount of time to have the notice of Sheriffs Sale served upon the Defendant. 4. A brief postponement of the Sheriffs Sale will not prejudice Defendant and will, in fact, inure to his/her benefit. PH # 817608 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiffs counsel could not reach Defendant as Defendant is deceased. A decedent investigation is ongoing to attempt to locate any heirs. 6. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to September 3, 2014. Date: May 22, 2014 PH # 817608 Phelan Hallinan, LLP By: JonathLobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2009-08836 CUMBERLAND COUNTY v. THOMAS OLSZOWKA Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, it is necessary in a foreclosure action for the notice of sale to be served upon the Defendant. If the Defendant whereabouts are unknown, a reasonable investigation of the whereabouts must be made and a petition filed with the Court seeking alternative service of the notice of sale. Pa. R.C.P. 3129.2 (c) provides in part: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by rule 3129.1. 1. Service of the notice shall be made (i) upon a defendant in the judgment who has not entered an appearance and upon the owner of the property by the sheriff or by a competent adult in the manner PH # 817608 prescribed by Rule 402(a) for the service of original process upon a defendant, or by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court... Plaintiff has been unable to complete service of the notice within the time required by the rules and as a result, a continuation is necessary. WHEREFORE, Plaintiff respectfully requests a three month continuance of the Sheriffs Sale of the mortgaged premises to the September 3, 2014 Sheriffs Sale. Phelan Hallinan, LLP Date: May 22, 2014 PH # 817608 By: Jonathafi Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff JP MORGAN CHASE BANK, NATIONAL : COURT OF COMMON PLEAS ASSOCIATION S/B/M CHASE HOME FINANCE, LLC SB/M TO CHASE : CIVIL DIVISION MANHATTAN MORTGAGE CORPORATION : NO. 2009-08836 Plaintiff : CUMBERLAND COUNTY v. THOMAS OLSZOWKA Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent via first class mail to the individual indicated below on May 22, 2014. THOMAS OLSZOWKA 1129, 1131, 1133 2ND STREET, A/K/A 129, 131, 133 2ND STREET ENOLA, PA 17025 Date: May 22, 2014 PH # 817608 By: Jonatb fi Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP JP MORGAN CHASE BANK, NATIONAL : COURT OF COMMON PLEAS ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE : CIVIL DIVISION MANHATTAN MORTGAGE CORPORATION : NO. 2009-08836 Plaintiff : CUMBERLAND COUNTY v. THOMAS OLSZOWKA Defendant AND NOW, this ORDER day of May 2014, after consideration of Plaintiff's Motion to Postpone Sheriff' Sale of the mortgaged property, it is hereby ORDERED that the sale of 1129, 1131, 1133 2ND STREET, A/K/A 129, 131, 133 2ND STREET, ENOLA, PA 17025 is postponed three months to the Sheriffs Sale scheduled for September 3, 2014. No further advertising or additional notice to lienholders or Defendant is required. However, the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendant via first class mail. >-- L) PH # 817608 V Thomas A. PlaceV Common Pleas Judge DISTRIBUTION LEGEND JOSEPH SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 /Phelan Hallinan, LLP 126 LOCUST STREET HARRISBURG, PA 17101 TEL: (215) 563-7000 FAX: (215) 563-8656 Joseph. Schalk@fedphe.com THOMAS OLSZOWKA 1129, 1131, 1133 2ND STREET A/K/A 129, 131, 133 2ND STREET ENOLA, PA 17025 L us\n(,ca1�AwD NI a PH # 817608 (box) I I HOt O T 2014J[afd -13 AN 1j_ 35 PENNSYLVANIA ENNSYLVAP COU11T.r; PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. v. THOMAS OLSZOWKA : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2009-08836 : CUMBERLAND COUNTY SUGGESTION OF DEATH RE: DEFENDANT THOMAS OLSZOWKA AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: Plaintiff, JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, by its counsel, Phelan Hallinan, LLP, hereby certifies that, to the best of its information and belief, the Defendant THOMAS OLSZOWKA is deceased -- date of death July 23, 2013. SE As the mortgage premise was owned by THOMAS OLSZOWKA, solely, upon his death title automatically is vested in his surviving heirs at law. Upon reasonable information and belief, the decedent's surviving heirs at law and next-of-kin are unknown to Plaintiff. Any parties who may have inherited an ownership interest in the mortgaged premises are unknown to the Plaintiff. Dated: 6/z //le By: PHELAN HALLINAN, LLP Adam Davis, Id., 203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. v. THOMAS OLSZOWKA : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2009-08836 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Suggestion of Death Re: THOMAS OLSZOWKA was sent via first class mail to the following on the date listed below: UNKNOWN HEIRS OF THOMAS OLSZOWKA 1129, 1131, 1133 2ND STREET A/K/A 129, 131, 133 2ND STREET ENOLA, PA 17025 UNKNOWN HEIRS OF THOMAS OLSZOWKA 206 BURD STREET MIDDLETOWN, PA 17057 Dated: 612, /i f By: PHELAN HALLINAN, LLP Adam Davis, Id., 203034 Attorney for Plaintiff II'i7 0 i-7,;•.; CU/48E1k A ND COUNT YL VAN/A PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael .Dingerdissen @phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK N.A. S/B/M CHASE HOME FINANCE, LLC Plaintiff, v. : CIVIL DIVISION THOMAS OLSZOWKA Defendant(s) : No.: 2009-08836 Attorney for Plaintiff NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 09/03/2014 at 10:00 AM. Date: c/41/114 PH # 817608 hael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen @ phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK N.A. S/B/M CHASE HOME FINANCE, LLC Plaintiff, V. Attorney for Plaintiff : CIVIL DIVISION THOMAS OLSZOWKA : No.: 2009-08836 Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: THOMAS OLSZOWKA 206 BURD STREET MIDDLETOWN, PA 17057-1509 Date: PH# 817608 THOMAS OLSZOWKA 1129, 1131, 1133 2ND STREET, A/K/A 129, 131, 133 2ND STREET ENOLA, PA 17025 Michael Dingereissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 cT",B4. RLA ly C PENNSILA LI? IT JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION v. THOMAS OLSZOWKA : COURT OF COMMON PLEAS CIVIL DIVISION No. 2009-08836 CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, by its counsel, Phelan Hallinan, LLP, respectfully moves this Honorable Court for an Order directing service of Notice of Sheriff's Sale, and any and all future pleadings, upon the Defendant(s), the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OLSZOWKA, DECEASED, by posting the mortgaged premises, and by certified and first class mail to the mortgaged premises in support thereof avers as follows: 1. On January 20, 2006, THOMAS OLSZOWKA made, executed and delivered a mortgage upon the premises known as 1129, 1131, 1133 2ND STREET A/K/A 129,131, 133 2ND STREET, ENOLA, PA 17025. 3. The loan is in default as payments due January 01, 2009, and each month thereafter are due and unpaid. 4. On December 28, 2009, Plaintiff filed an Action in Mortgage Foreclosure naming THOMAS OLSZOWKA as defendant. Exhibit "A" is a true and correct copy of said Complaint. 5. A default judgment was entered against the Defendant on February 19, 2010. 6. Plaintiff contacted the Register of Wills of CUMBERLAND County and was informed that no estate has been raised for the deceased mortgagor. 7. Plaintiff performed a Good Faith Investigation in an attempt to locate any possible heirs of the deceased mortgagor. Plaintiffs Investigator was unable to confirm any heirs of the decedent. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 08. On June 4, 2014, Plaintiff filed a Suggestion of Death for ELISEO MARTINEZ. Exhibit "C" is a true and correct copy of said Suggestion of Death. 09. Pursuant to Pennsylvania Rule of Civil Procedure 3129, it is necessary in a foreclosure action for the Sheriff to serve upon the decedent mortgagor's heirs notice of the sale of the mortgage premises in order to afford them an opportunity to bid at the sale. 10. As there may be parties with an interest in the mortgaged premises that Plaintiff may not know of, Plaintiff is herein requesting that it be permitted to serve the UNKNOWN PARTIES by Special Order of the Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of Notice of Sheriffs Sale by certified mail and regular mail, and posting of the premises. Dated: 6-72. By: PHELAN HALLINAN, LLP 76 Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/BIM CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, v. THOMAS OLSZOWKA : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2009-08836 : CUMBERLAND COUNTY MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation, which has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. 'To date, Plaintiff has determined that no Estate has been raised on behalf of the decedent mortgagor. Any other parties with an interest in the mortgaged premises are unknown to Plaintiff. In the instant action, Plaintiff is appropriately trying to serve the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after the foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to serve the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to bid at the Sheriff's Sale. It deserves special mention that Plaintiff is merely seeking an in rem judgment to recover the mortgaged premises and is not pursuing the defendant(s) personally in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN HALLINAN, LLP Dated: 672. //y- By: Adam H. Davis, Esq., Id. No.203034 VERIFICATION The undersigned attorney hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF NOTICE OF SHERIFF'S SALE IN A MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information, and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: (zC//' By: PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. V. THOMAS OLSZOWKA : COURT OF COMMON PLEAS : CIVIL DIVISION No. 2009-08836 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion to serve Notice of Sheriff's Sale upon the Unknown Heirs of THOMAS OLSZOWKA, Deceased, was served by regular mail on Defendants on the date listed below: Unknown Heirs of THOMAS OLSZOWKA, Deceased Dated: By: PHELAN HALLMAN, LLP Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. V. THOMAS OL SZOWKA : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2009-08836 : CUMBERLAND COUNTY CERTIFICATION OF ADDRESSES The following is a list of last known addresses on which service can be made: Unknown Heirs of Eliseo Martinez 1620 North 10th Street Reading, PA 19604 1129, 1131, 1133 2ND STREET A/KJA 129,131, 133 2ND STREET, ENOLA, PA 17025 PHELAN HALLINAN, LLP Dated: ‘/Z6174( By: Adam H. Davis, Esq., Id. No.203034 Exhibit "A" 10074505302013 PYS510 Civil Case Print, 2009-08836 CHASE HOME FINANCE LLC (vs) OLSZOWKA THOMAS Cumberland County Prothonotary's Office Page 1 Reference No..: Case Type • REAL PROPERTY - MORTGAGE FOREC LOSURE:RESIDENTIAL Judgment153284.37 Judge Assigned: Disposed Desc.: Case Comments Filed Time Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: 12/28/2009 2:08 0/00/0000 0/00/0000 ******************************************************************************** General Index CHASE HOME FINANCE LLC S B/M/T PLAINTIFF CHASE MANHATTAN MORT COR 3415 VISION DRIVE COLUMBUS OH 43219 OLSZOWKA THOMAS DEFENDANT 206 SURD STREET MIDDLETOWN PA 17057 Judgment Index Amount OLSZOWKA THOMAS Attorney Info ANTHOU KRISTINE M Date Desc 153,284.37 2/19/2010 DEFAULT JUDGMENT ******************************************************************************** * Date Entries * ******************************************************************************** 12/28/2009 1/20/2010 2/19/2010 2/19/2010 2/19/2010 FIRST ENTRY COMPLAINT - MORTGAGE FORECLOSURE - BY KRISTINE M ANTHOU ATTY FOR PLFF SHERIFF'S RETURN - 1/13/10 - DAUPHIN COUNTY - COMPLAINT IN MORTGAGE FORECLOSURE UPON DEFT AT 206 BURD STREET MIDDLETOWN 17057 SHERIFF'S COST $37.00 PRAECIPE FOR DEFAULT JUDGMENT AND DEFAULT JUDGMENT ENTERED IN THE AMOUNT OF $ 153,284.37 - BY KRISTINE M ANTHOU ATTY FOR PLFF NOTICE MAILED TO DEFENDANT IMPORTANT NOTICE FILED LAST ENTRY ******************************************************************************** * Escrow Information * * Fees & Debits Begg Bal Pmts/Adi End Bal * ******************************** ******** ****** ******************************* COMPLAINT TAX ON CMPLT SETTLEMENT JCP AUTOFEEION JDMT/DEFAULT 55.50 5.00 .00 23.50 14.00 55.00 .50 8.00 5.00 23.50 14.00 .00 .00 .00 .00 .00 .00 106.00 106.00 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. THOMAS OLSZOWKA, Defendant. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF e'LL ATTO EY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANT IS: 206 Hurd Street Middletown, PA 1705 ATTOksIEY FOR PLAINT CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 129, 131, 133 2`'d Street, East Pennsboro Twp (CITY, BORO, TOWNSHIP,WARD) ATTR NEY FOR PLAINTIF CIVIL DIVISION NO.: ef;19 gg3 TYPE OF PLEADING CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE 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. LD. #77991 Brian M. Kile, Esquire Pa. LD. #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 CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, NO.: VS. THOMAS OLSZOWKA, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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 CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff. vs. CIVIL DIVISION NO.: 0 r e„.3 c_tv:i THOMAS OLSZOWKA, Defendant. 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 Defendant, Thomas Olszowka, is an individual whose last known address is 206 Burd Street, Middletown, Pennsylvania 17057. 3. On or about January 20, 2006, Defendant executed a VA Fixed Rate Note ("Note") in favor of JPMorgan Chase Bank, N.A. ("JPM") in the original principal amount of $138,718.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about January 20, 2006, as security for payment of the aforesaid Note, Defendant made, executed and delivered to JPM a Mortgage in the original principal amount of S138,718.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 24, 2006 in Mortgage Book Volume 1938 Page 1085. A true and correct copy of said Mortgage, containing a description of the premises subject to the Mortgage ("Mortgaged Premises"), is marked Exhibit "B", attached hereto and made a part hereof. 5. JPM assigned all of its right, title and interest in and to the Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage, recorded in the office of the Recorder of Deeds of Cumberland County at Instrument Number 200921573. A true and correct copy of said Assignment of Mortgage is marked as Exhibit "C", attached hereto and made part hereof. 6. Defendant is the record and real owner of the aforesaid Mortgaged Premises. 7. Defendant is in default under the terms of the Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the January I, 2009 payment. 8. On or about March 4, 2009, Defendant was mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notices") in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notices. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $133,897.27 Interest to 12/8/09 $ 8,894,12 Late Charges to 12/8/09 $ 280.08 Escrow Deficiency to 12/8/09 $ 2,134.58 Corporate Advances $ 2,550.27 Attorney's fees $ 850.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $151,106.32 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $151,106.32 with interest thereon at the rate of $23.84 per diem from December 9, 2009, 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, BY: GRENEN & BIRSIC, P.C. Kristin- M. 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 "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 817608 Attorney Firm: Phelan, Hallinan, LLP Subject: Thomas Olszowka Property Address: 1.1.29,1131, 1133 2"d Street A/K/A 129,131,133 2'd Street, Enola, PA 17025 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Thomas Olszowka - xxx-xx-8139 B. EMPLOYMENT SEARCH Thomas Olszowka - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Thomas Olszowka reside(s) at: 1133 2nd Street, Enola, PA 1.7025. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searcheddirectory assistance databases, which had no listing for Thomas Olszowka. B. On 12-18-1.3 our office searched directory assistance databases, which had no phone number for Thomas Olszowka. Our office was unable to locate any heir for Thomas Olszowka: III. OBITUARY SEARCH A. Attempted to find obituary via.http://pa.newsbankcom. B, Our results found nothing. C. Attempted to find obituary via http:// www.legacy com/NS/obitfinder/obituary- search.aspx. D. Our results found. nothing. IV. INQUIRY OF HEIRS AND NEIGHBORS On 12-18-13 our office attempted to contact Robert Norris Jones, potential relative of Thomas Olszowka at: 551 South 151 Street, Sierra. Vista, AZ 85635, but was unable to get any phone number for him. On 12-18-13 our office attempted to contact Joseph A. Olszowka, potential relative of Thomas Olszowka at: 10247 North 1.09th Avenue,.Sun City, AZ 85351, but was unable to get any phone number for him. On 12-18-13 our office made a phone call in an attempt to contact Marilyn Ann Jones, potential relative of Thomas Olszowka at (520) 459-0518, 551. South 15' Street, Sierra Vista, AZ 85635: spoke with an unidentified male who could not confirm any heir information for Thomas Olszowka. On 12-18-1.3 our office made several phone calls in an attempt to contact Richard T. Olszowka, potential relative of Thomas Olszowka at (563),737-2356, 2160 315th Avenue, Ridgeway, IA 52165: answering machine. On 12-18-13 our office made a phone call in an attempt to contact Barbra Jones, potential relative of Thomas Olszowka at (623) 933-8034,10247 North 109th Avenue, Sun City, AZ 85351: disconnected. On 1248-13 our office made a phone call in an attempt to contact Alicia A. Kuntz, neighbor of the subject at (717) 732-2418,1212 21,a Street, Enola, PA 17025: spoke with an unidentified male who could not confirm any heir information for Thomas Olszowka. On 12-1843 our office made a phone call in an attempt to contact Jennifer L. Ozi.o, neighbor of the subject at (717) 7324510, 1429 21,:t Street, Enola, PA 17025: disconnected. On 12-18-13 our office made a phone call in an attempt to contact Elie Richards, neighbor of the subject at (717) 732-1911,1415 2nd Street, Enola, PA 17025: spoke with an unidentified female who could not confirm any heir information for Thomas Olszowka. Our office was unable to locate any heir for Thomas Olszowka. V. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-18-13 we reviewed the National Address database and found the following information: Thomas Olszowka - 1133 2t i1 Street, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file.. VI. OTHER INQUIRIES A. DEATH RECORDS • As of 12-18-13 Vital Records and all public databases have a death record on file for Thomas Olszowka. VII. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Thomas OIszowka. -1951 B.. DATE OF DEATH Thomas OIszowka - 07-23-2013 C. A.K.A. Thomas A. Olszowka * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements Made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the pen s of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. ZS �j �-t( The above information is obtained from available public records and we are only liable for the cost of the affidavit. Exhibit "C" PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION. THOMAS OLSZOWKA COURT OF COMMON PLEAS CIVIL DIVISION No. 2009-08836 CUMBERLAND COUNTY SUGGESTION OF DEATH RE: DEFENDANT THOMAS OLSZOWKA AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: Plaintiff, JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/BIM CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, by its counsel, Phelan Hallinan, LLP, hereby certifies that, to the best of its information and belief, the Defendant THOMAS OLSZOWKA is deceased -- date of death July 23, 2013. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. V. THOMAS OLSZOWKA : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2009-08836 • CUMBERLAND COUNTY ORDER (SERVICE OF PROCESS) AND NOW, this day of •) , 2014, upon consideration of Plaintiff's Motion for Service of Notice of Sheriffs Sale Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of Notice of Sheriff's Sale upon on the Defendant, the Unknown Heirs, Successors, Assigns And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under THOMAS OLSZOWKA, Deceased by: 1. Certified and First class mail to the mortgaged premises of 1129, 1131, 1133 2ND STREET A/K/A 129,131, 133 2ND STREET, ENOLA, PA 17025. 2. Posting of the mortgaged premises at 1129, 1131, 1133 2ND STREET A/K/A 129,131, 133 2ND STREET, ENOLA, PA 17025. J. Thomas A. Placey Common Pleas Judge 3L CiD PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK N.A. S/B/M CHASE CUMBERLAND COUNTY HOME FINANCE, LLC Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION THOMAS OLSZOWKA : No.: 2009-08836 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: Pa'i�rrcc Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 817608 f JPMORGAN CHASE BANK N.A. S/B/M CHASE HOME FINANCE, LLC Plaintiff V. THOMAS OLSZOWKA Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2009-08836 CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Jpmorgan Chase Bank N.A. s/b/m Chase Home Finance, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1129, 1131, 1133 2ND Street, a/k/a 129,131,133 2ND Street, Enola, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OLSZOWKA, DECEASED 2. Name and address of Defendant(s) in the judgment: Name UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OLSZOWKA, DECEASED 1129, 1131, 1133 2ND STREET A/K/A 129,131,133 2ND STREET ENOLA, PA 17025 Address (if address cannot be reasonably ascertained, please so indicate) 1129, 1131, 1133 2ND STREET A/K/A 129,131,133 2ND STREET ENOLA, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) PH # 817608 None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate)I TENANT/OCCUPANT COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION TENANT/OCCUPANT TENANT/OCCUPANT TENANT/OCCUPANT UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OLSZOWKA, DECEASED DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 1129, 1131, 1133 2ND STREET A/K/A 129,131,133 2ND STREET ENOLA, PA 17025 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 280601 HARRISBURG, PA 17128-0601 1129 2ND STREET ENOLA, PA 17025 1131 2ND STREET ENOLA, PA 17025 1133 2ND STREET ENOLA, PA 17025 1129, 1131,1133 2ND STREET A/K/A 129,131,133 2ND STREET ENOLA, PA 17025 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 817608 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.2030341 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza PA 19103 AZK/JSG - 09/03/2014 SALE Article Number Name of and Post Office Address **** COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG PA 17128 **** PA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 80.47 P.O. BOX 280601 HARRISBURG PA 17128-0601 **** UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS 80.47 CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OLSZOWKA, DECEASED 1129, 1131,1133 2ND STREET A/K/A 129, 131, 133 2ND STREET PA 17025 RE: THOMAS OLSZOWKA PH # 817608/1026 1 of 1 45 81.41 Form 3877 Facsimile PH # 817608 Per The on The Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction WNW ii.,.. .m ....., .... ,... „ piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 S913 and S921 for limitations of Name and Address Of Sender Phelan Hallinan, LLP MO. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 'AZ DA - Line Article Number Name of Addressee,LIi Street, and Post Office Address Postage cc* c1 1 **** TENANT/OCCUPANT 1129, 1131, 1133 2ND STREET A/K/A 129,131,133 2ND STREET ENOLA, PA 17025 50.45 '� 4I l t, z C.oa ► E3 .= 0 2 **** TENANT/OCCUPANT 1129 2ND STREET ENOLA, PA 17025 TENANT/OCCUPANT 1131 2ND STREET ENOLA, PA 17025 50.45 = $0.45 ` ;. ' cn «- •-.. o g If .• :1' 4. :JAI;Vt."` 3 **** 4 **** TENANT/OCCUPANT, 1133 2ND STREET ENOLA, PA 17025 50.45 ,'...14..r `� ? .,.,. '. 5 **** DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, PA 17013 50.45 ' r I&> ` t �'y ...._...' 6 **** COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. BOX 2675 HARRISBURG, PA 17105 50.45 7 **** INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 • 50.45 8 **** U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 50.45 412T608#10 e4 - „--_� m- -` ._._: $3.60 Total Number of PiecaListed by Sender Total Number of Pieces Reeaiwd at Post Office Postmashx,.Paamu of iN Receiving Employee) The full declaration. amine is required on all .. mertic and international registered mere. The maximum ind►e+aity payable for the reconstruction of ncamegotiable .. • . - to under Express Mad doeunemtreconstne ,on insurance is 5$4,000 per piece subject to a limit of 5500,000 per • .. , -. - The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is 525.000 • registered mail, sent with option+! inswsnce. See Domestic Mail Manual 8900 S913 and 5921 for limitations ofeoverage orm 5W17 1t<'mum PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK N.A. S/B/M CHASE . HOME FINANCE, LLC Plaintiff vs. THOMAS OLSZOWKA Defendant /4 AUG '4 AM10:0 CUMBERLAND PENNSYLVANIANT y CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2009-08836 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to THOMAS OLSZOWKA on 7/17/2014 in accordance with the Order of Court dated 7/2/2014. The property was posted on 7/20/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: g/11/04 By:( ---2121//'4",, Adam H. Davis, Esq., Id. 034 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN' CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/BIM TO CHASE MANHATTAN MORTGAGE • CORPORATION. V. THOMAS OLSZOWKA COURT OF COMMON PLEAS CIVIL DIVISION No. 2009-08836 CUMBERLAND COUNTY ORDER (SERVICE OF PROCESS) AND NOW, this 2"' day of 01 -ti , 2014, upon consideration of Plaintiff's Motion for Service of Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby. ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of Notice of Sheriff's Sale upon on the Defendant, the Unknown Heirs, Successors, Assigns And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under THOMAS OLSZOWKA, Deceased by: 1. Certified and First class mail to the mortgaged premises of 1129, 1131, 1133 2ND STREET A/K/A 129,131, 133 2ND STREET, ENOLA, PA 17025. 2. Posting of the mortgaged premises at 1129, 1131, 1133 2ND STREET A/KJA 129,131, 133 2ND STREET, ENOLA, PA 17025. COURT:Vi J. Thomas A. Placey Common Pleas Judge -TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the s of said Court-I.Carlisle, Pa. This day of 4?O:i i oli io„otary Name and Address I of Sender Line 2 3 4 5 6 8 z;Article°, Numbu LEAN HALLINAN INE PECENTER PLAZA, SUITEi14 HILrAD NNELPHIA; PAS 19103 1814 ame of.Addressee; Street; and Post Office Address UNKNOWN HEIRS, SUCCESSORSSIGNS ANDA tiPERSONS-;FiRMS, 4It=ASSOCIATIOI�i CLAIMINP*oHT, TITLE,,INT OR ERESTo,F04 UNDER THOIvMAS OLSZOWKA, DECEASED 1129, 113,1,1133 2ND STREET A/K/A 129,131,.133 2ND STREE 61:4 4"A 17025 P p; Total Number of Pieces List d by Sender #81760 Poshnaster Per (Name of Receiving Emptojroe} . ; , y, LAS/NOS-CERTIFICATE OF MA1L1NG CODE 1020 AFFIDAVIT OF SERVICE PLAINTIFF JPMORGAN CHASE BANK N.A. S/R/M CHASE HOME FINANCE, LLC DEFENDANT UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OISZOWKA, DECEASED SERVE UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OISZOWKA, DECEASED AT: 1129, 1131, 1133 2ND STREET A/K/A 129,131,133 2ND STREET ENOLA, PA 17025 ****PLEASE POST THE PROPERTY*** CUMBERLAND COUNTY PH # 817608 SERVICE TEAM/ sot COURT NO.: 2009-0 36 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 09103/2014 SERVED Served and made known to UNKNQWN I IRS, SUCCESSORS, ASSIGNS. AND ALL PERSONS, FIRMS, OR ASS 'i'It►NS I. AIMING G TTT E OR :MERE -VT FROM OR UNDER.'THOMAS OLSZOWKC& DECEASED, Defendant on the day of '' ""4f. L y 20 14 , at , o'clock A. M, at 1129, 1131. 1133 2ND S A 12' 131 .1332ND STREET; ENOLA. PA 17025, in the manner described below: Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other I, Ronald MOI I , a competent adult, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this stnttment;,t",made: subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DAZE: 1 f' o (4r NAME: PRINTED NAME: Rolla TITLE: Proccsc C<'r i'} NOT_SERVED On the day of , 20_, at o'clock _. M ,1, , a competent adult hereby state that Defendant NOT FOUND because: _ Vacant _ Does Not Exist , Moved r Does Not Reside (Not Vacant) _ No Answer on at at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq.. Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenne R. Davey, Esq., Id. No. 87077 i i USPS CERTIFIED MA LTM i i 9214 8969 0096 4000 0954 25 LAS / 817608 RESTRICTED DELIVERY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OLSZOWKA, DECEASED 1129, 1131, 1133 2ND STREET A/K/A 129, 131, 133 2ND STREET ENOLA, PA 17025-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - USPS TrackingTM English Customer Service USPS Mobile OUSPICOM Quick Tools USPS Tracking TM Ship a Package Tracking Number: 9214896900964000095425 Page 1 of 2 Register / Sign In Search USPS.com or Track Packages Subn Send Mail Manage Your Mail Shop Business Solutions Customer ServiceEa Have questions? We're here to help. Expected Delivery Day: Saturday, July 19, 2014 Your item was returned to the sender on August 5, 2014 at 8:18 am in ENOLA, PA 17025 because it was not claimed by the addressee. Product & Tracking Information Available Actions Postai Product: First -Class Mail Features: Certified Mail DATE & TIME rurr,.�sew�s STATUS OF ITEM LOCATION August 5, 2014, 8:18 am Unclaimed ENOLA, PA 17025 Your item was returned to the sender on August 5, 2014 at 8:18 am in ENOLA, PA 17025 because it was not claimed by the addressee. July 21, 2014 , 8:17 am ENOLA, PA 17025 July 19, 2014 , 12:24 pm ENOLA, PA 17025 July t9, 2014 , 5:22 am HARRISBURG, PA 17107 July 18, 2014 , 5:39 pm July 17, 2014 , 9:13 pm July 17, 2014, 9:11 pm July 17, 2014 , 7:56 pm July 17, 2014 Available for Pickup Notice Left (No Authorized Recipient Available) Departed USPS Facility Arrived at USPS Facility Departed USPS Facility Arrived at USPS Origin Facility Accepted at USPS Origin Sort Facility Pre -Shipment Info Sent to USPS Track Another Package What's your tracking (or receipt) number? LEGAL Privacy Policy Terms of Use FOIA No FEAR Act EEO Data ON USPS.COM Government Services Buy Stamps & Shop Print a Label with Postage Customer Service HARRISBURG, PA 17107 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Return Receipt Electronic Text Updates Email Updates Track4t:-.,,:� ON ABOUT.USPS.COM About USPS Home Newsroom USPS Service Alerts Forms & Publications OTHER USPS SITES Business Customer Gateway Postal Inspectors Inspector General Postal Explorer https://tools.usps.com/go/TrackConfirmAction.action?tLabels=9214896900964000095425 8/5/2014 USPS.com® - USPS TrackingTM Page 2 of 2 Delivering Solutions to the Last Mile • Careers • National Postal Museum Site Index . oUSPS OM i Copyright© 2014 USPS. All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action?tLabels=9214896900964000095425 8/5/2014 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK N.A. S/B/M CHASE : HOME FINANCE, LLC Plaintiff v. THOMAS OLSZOWKA No.: 2009-08836 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 28, ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND Cct@ --4 est c CO 2009. 2. Judgment was entered on February 19, 2010 in the amount of $153,284.37. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 3, 2014. 817608 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through September 3, 2014 Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Escrow to be Paid Escrow Deficit $133,245.18 $49,871.25 $1,975.00 $1,645.10 $730.00 $560.00 $2,989.87 $19,919.66 TOTAL $210,936.06 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 13, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Thomas A. Placey entered an order granting Plaintiffs Motion for Service of Notice of Sheriff's Sale July 2, 2014 . 817608 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Jon. Etkowicz, Esquire AT • ' EY FOR PLAINTIFF 3 817608 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK N.A. S/B/M CHASE : Court of Common Pleas HOME FINANCE, LLC Plaintiff Civil Division v. CUMBERLAND County THOMAS OLSZOWKA No.: 2009-08836 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE THOMAS OLSZOWKA, DECEASED executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1129, 1131, 1133 2ND STREET, A/K/A 129, 131, 133 2ND STREET, ENOLA, PA 17025. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 817608 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). • Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 817608 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 817608 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 817608 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 817608 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of. sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 817608 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 817608 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phel . ,... llin. n, LLP Jonath. T! Etkowicz, Esquire Attom or Plaintiff 8 817608 Exhibit "A" 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, NO.: 09 -8836 -Civil vs. THOMAS OLSZOWKA, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above -captioned case in favor of Plaintiff and against Defendant, Thomas Olszowka, in the amount of $153,284.37, which is itemized as follows: Principal $133,897.27 Interest to 2/16/10 $ 10,535.44 Late Charges to 2/16/10 $ 280.08 Escrow Deficiency to 2/16/10 $ 3,154.58 Corporate Advances $ 2,538.21 Unapplied Funds ($ 471.21) Attorney's fees $ 850.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $153,284.37 with interest on the principal sum at the rate of $23.84 per diem (as may change from time to time in accordance with the terms of the Note) from February 16, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. /dIi 4t. Kristinke M. Anthou, Esquire Attorneys for Plaintiff Exhibit "13" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania August 7, 2014 RE: JPMORGAN CHASE BANK N.A. S/B/M CHASE HOME FINANCE, LLC v. THOMAS OLSZO W KA Premises Address: 1129, 1131, 1133 2ND STREETA/K/A 129, 131, 133 2ND STREET ENOLA, PA 17025 CUMBERLAND County CCP, No. 2009-08836 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 8/12/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ulyy u Jona i �rac�ic c, Esq., Id. No.208786 Atto for Plaintiff 817608 Name and Address Of Sender Phelan Hallinan, LLP MO1617 JFK Boulevard, Suite 1400 One Penn Center Plaza IOH Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS, FIRMS; OR ASSOCIATIONS 50.48 CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OLSZOWKA, DECEASED 1129, 1131, 1133 2ND STREET A/K/A 129, 131, 133 2ND STREET ENOLA, PA 17025 RE: THOMAS Oi..SZOWKA (CUMBERLAND,) PH # 817608/1200 Page 1 of 1 50.48 Total Number of Total Number of Pieces Postmaster, Per (Namc of The full declaration of value is required on all domestic and international registered mail. The in Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction piece subject to a limit of $500,000 per occurrence. The ma,immn indemnity payable on Expres The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance, S R900 5913 and 5921 for limitations of coverage. Form 3877 Facsimile 817608 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK N.A. S/B/M CHASE : HOME FINANCE, LLC Plaintiff v. THOMAS OLSZOWKA No.: 2009-08836 Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OLSZOWKA, DECEASED 1129, 1131, 1133 2ND STREETA/K/A 129, 131, 133 2ND STREET ENOLA, PA 17025 DATE: By: Phelan llinan, LLP Jonath ATTO tkowicz, Esquire Y FOR PLAINTIFF 817608 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania August 13, 2014 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: JPMORGAN CHASE BANK N.A. S/B/M CHASE HOME FINANCE, LLC v. THOMAS OLSZOWKA CUMBERLAND County CCP, No. 2009-08836 Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time -stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. V ry yours, Jonah, yi . Etkowicz, Esq., Id. No.208786 Atto for Plaintiff Enclo 11 re cc: THOMAS OLSZOWKA 817608 JPMORGAN CHASE BANK N.A. S/B/M CHASE HOME FINANCE, LLC, Plaintiff v. THOMAS OLSZOWKA, Defendant Courrtp of Cumber140 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 09-8836 CIVIL ACTION IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this 20th day of August 2013, upon consideration of the Plaintiff's Motion to Reassess Damages, a RULE is issued upon Defendant to show cause why the relief requested should not be granted. PLAINTIFF shall serve this Rule upon Defendant in accordance this Court's 2 July 2014 Order authorizing alternative service. RULE RETURNABLE twenty (20) days from the date of service by PLAINTIFF. Distribution List: Jonathan M. Etkowicz, Esq. Eric R. Mentzer 6)///Att., -420h1/ BY Thomas A. Placey C.P.J. Phelan Hallinan, LLP Michelle J. Stranen, Esq., Id. No.208793 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 michelle.stranen@phelanhallinan.com 215-563-7000 JPMORGAN CHASE BANK N.A. S/B/M CHASE : HOME FINANCE, LLC Plaintiff ATTORNEY FOR PLAINIF mco cn m r r- < Cm. 3> c-1 C) .mac 'n Court of Common Pleas cf� Civil Division vs. CUMBERLAND County THOMAS OLSZOWKA No.: 2009-08836 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 20, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER THOMAS OLSZOWKA, DECEASED 1129, 1131, 1133 2ND STREETA/K/A 129, 131, 133 2ND STREET ENOLA, PA 17025 DATE: $(2q/ILf By: Phelan Hallinan, LLP Mi helle J. St anen, Esq., Id. No.208793 Attorney for Plaintiff 817608 SHERIFFS OFFICE OF CUMBERLAND COUNTY Ronny gAnderson Sher/if �F`ArpQOTHO� �TARY Jody SSm�h �~ Chief Deputy NOV /3 PW 2: 7 Richard W Stewart CUMBERLAND Solicitor vsmcwor����mp p|---- - COUNTY ��~-' PENNSYLVANIA JP Morgan Chase Bank National Association vs. Thomas Olszowka2009-8836 Case Number SHERIFF'S RETURN OF SERVICE 01/09/2014 09:57 AM Deputy JieCUMortle being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1129,1131,1133 2nd St, a/k/a 129,131,133 2nd Street, East Pennsboro Twp, Enola, PA 17025, Cumberland County. 01/14/2014 12:09 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Thomas Olszowka, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Desoripdon, in the above titled action, ma"Not Found" at113S.1131.11832nd Street, Eno|a.PA17D25.Defendant passed away in July 2013. 03/12/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 08/03/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 0903/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Codie|e, PA 17013. on Wednesday, September, 3.2O14at10:OOa.m.Hesold the same for the sum of $1 .00 to Attorney Joseph Schalk, on behalf of the Bank. xxxxx, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1.27919 SO ANSWERS, October 20, 2014 RONRANDERSON, SHERIFF wooun*StuteSheriff, Telecsw'� On November 7, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County,PA, Known and numbered as, 1129,1131,1133 2nd Street, ailda 129,131,133 2nd Street, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: November 7, 2013 By: (\t ReT Estate Coordinator • 1 I d 7,4,30 Mil vci 'AIHRoj-ciN1-1;3381,•tri`.3 3.41131-!-S 3H1-20 KiiAJO LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2009-8836 Civil Term JP Morgan Chase Bank National Association vs. Thomas Olszowka Atty.: Joseph Schalk By virtue of a Writ of Execu- tion No. 2009-08836, Jp MORGAN CHASE BANK, NATIONAL ASSO- CIATION SIBIM CHASE :HOME FL' NANCE, LLC sibim TO CHASE MANHATTAN MORTGAGE CORPO- RATION vs. THOMAS ,OLSZOWKA owner(s) of property situate in EAST `PENNSBORO TOWNSHIP, CUMBER LAND County, Pennsylvania, being 1129,1131,1133 2ND STREET, ajlga 129, 131, 133 2ND STREET, ENOLA, PA 17025. Parcel No. 45-17-1044-234, 45- 17-1044-235, and 45-17-1044-236. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $153,284,37. 66 The Patriot -News Co` 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries .717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 PatriOtNeWS Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonweaith of Pennsylvania, County of Dauphin} ss Marianne MUler, being duly sworn according to Iaw, deposes and says: That she is the Assistant Controller of The Patriot News Co., a conorganizedandmxisUnQunderthe|awaof#`o Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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 Dauprin in Miscellaneous Book "M", Volume 14, Page 317. 2009-8836 Civil Term JP Morgan Chase Bank National Association Vs . ThoonmaOlszoWka Atty: Joseph Schalk By virtue of a Writ of Execution No. 2009-08836 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION 3/B/M CHASE HOME FINANCE, LLC S(BIM TO CHASE MANHATTAN MORTGAGE CORPORATION v. THOMAS OLSZOWKA owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND • County, Pennsylvania, being 1129,1131 ,1133 2ND STREET, A.JKJA 129, 131, 133 2ND STREET, 8N0bA,DA1702. ; Parcel No. 45'l7'l044'%]4.45'l7' 1O��35,md45'l7'l044-230 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLINGJudgment Amount: $153,284,37 , This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 8 o-ndsubsoribedbeo (its18davof 2014 A.D. ii COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commiszion 6Vires Dec. 12, 2016 MEMBER, Irtii0SILVMA kCSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Veterans Affairs Sec is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 2nd day of October, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 8836, at the suit of JPMorgan Chase Bk N A SBM Chase Hm Fin LLC SBM Chase Man Mtg Corp against Thomas Olszowka is duly recorded as Instrument Nu ber 201426272. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /3 day of 72g -O-,2144-4,1 A.D. 20 ecorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 y