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PHELAN HALLINAN & SCHMIEG, LLP
Mario J. Hanyon, Esq., Id. No.203993
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
ATTORNEY FOR PLAINTIFF
291658
JP MORGAN CHASE BANK, NATIONAL
ASSOCIATION S/B/M TO CHASE HOME FINANCE, COURT OF COMMON PLEAS
LLC S/B/M TO CHASE MANHATTAN MORTGAGE
CORPORATION CIVIL DIVISION
3415 VISION DRIVE
COLUMBUS, OH 43219 TERM
Plaintiff
V.
JONATHAN S. HAMILTON
116 SGRIGNOLI LANE
ENOLA, PA 17025-2952
Defendant
NO. I I ? S ? a 6-vt
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 291658
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NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF I'OU 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 ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File #: 291658
Plaintiff is
JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M TO CHASE HOME
FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION
3415 VISION DRIVE
COLUMBUS, OH 43219
2. The name(s) and last known address(es) of the Defendant(s) are:
JONATHAN S. HAMILTON
116 SGRIGNOLI LANE
ENOLA, PA 17025-2952
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 07/24/2003 JONATHAN S. HAMILTON made, executed and delivered a mortgage
upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the
Office of the Recorder of CUMBERLAND County, in Book 1827, Page 159.The
mortgage and assignment(s), if any, are matters of public record and are incorporated
herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the
Plaintiff from its obligations to attach documents to pleadings if those documents are of
public record.
4. The premises subject to said mortgage is described. as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 10/01/2011 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 291658
6. The following amounts are due on the mortgage as of 03/15/2012:
Principal Balance $178,573.46
Interest $3,864.99
09/01/2011 through 03/15/2012
Late Charges $188.62
Property Inspections $177.00
Appraisal/Brokers Price Opinion $250.00
Escrow Deficit 732.04
TOTAL $183,786.11
7. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on
the date(s) set forth thereon.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$183,786.11, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN & SCHMIEG, LLP
BY: _
Mario J. Hanyon, Esquire
Attorney for Plaintiff
File #: 291658
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, and being more fully shown and described as Lot 12 on a subdivision plan
titled'Jarlin Farm' prepared by Joseph H. Body, Engineer & surveyor (P1anNo. C-1287) and
recorded in Plan Book 69, page 63, Cumberland County Records, to wit:
BEGINNING at a point on the northern right-of-way line of Sgrignoli Lane (50 feet wide), said
point being approximately 238; easterly along the center line of Sgrigoli Lane from the middle of
Fortuna Lane; thence along said right-of-way line by a curve to the left having a central angle of
21 degrees 55 minutes 14 seconds a radius of 200.00 feet, an arc length of 76.52 feet, and a chord
of 76.05 feet bering North 84 degrees 34 minutes 40 seconds West, to a point; thence leaving
Sgrignoli Lane and following along Lot 11 of the above reference Jarlin Farm Subdivision, North
08 degrees 40 minutes 23 seconds West, 85.88 feet to a point in the line of land of the Laurel
Hills North subdivision as shown in Plan Book 54, Page 30; thence along Laurel Hills North
subdivision, North 81 degrees 19 minutes 37 seconds East, 156.24 feet to a point; thence along
Lot 13 in Phase 2 of the above reference Jarlin Farm subdivision, South 29 degrees 38 minutes
05 seconds West, 133.05 feet to the point of BEGINNING.
HAVING THEREON erected a dwelling commonly known as 116 Sgrignoli Lane.
PROPERTY ADDRESS: 116 SGRIGNOLI LANE, ENOLA, PA 17025-2952
PARCEL # 09-15-1288-243
File #: 291658
VERIFICATION
I k..,':!= hereby states that he/she is Vice President of JPMORGAN
CHASE BANK, NATIONAL ASSOCIATION, servicing agent for Plaintiff in this matter, and is
authorized to make this Verification. The statements of fact contained in the foregoing Civil
Action in Mortgage Foreclosure are true and correct to the best of my information, and belief.
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
DATE: L/ ha Name: Do, r y r r
Title: Vice President
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION
File#: 291658
Name: HAMILTON
File #: 291658
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSTLV ANIA
JP MORGAN CHASE BANK, ;
NATIONAL ASSOCIATION SB/M TO CHASE HOME FINANCE,
LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION
vs.
HAMILTON, JONATHAN S. I a ` S '` t
NOTICE OF RESIDENTIAL MORTGAGE FORECU RE 4
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have an attorney, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at
(717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not
charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative
within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all the requested financial information so that a loan
resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be
filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an
attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward,
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
LIL?E f ?- L' ?C/ SFr ?- .?---
Date M o J. Hanyon, Esq., Id. No. 20 93
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Please Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances
to determine possible options while working with your Please provide the
following information to the best of your knowledge:
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ? No ? Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ? No ?
Mailing Address (if different):
City:
Phone Numbers
State: Zip:
Home: Office:
Cell: Other:
Email:
# of people in household: How long. _
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Loan:
Loan Number:
Second Mortgage Lender:
of Loan:
T .nan Nnmher•
Type of
Date you Closed Your Loan:`
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Home:
Cell:
Office:
Other:
How long? _
State: Zip:
Type
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $_
Other Real Estate: $ $
Retirement Funds: $ $_
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2: Model: Year:`
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2" Mortgage Utilities
Car Pa ment(s) Condo/Nei h. Fees
Auto Insurance Med. (not covered)
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to
resolve your delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if you know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Phone:
Servicing Company (Name):
Contact: Phone:
SHERIFF'S OFFICE OF CUMBERLAND COUNTY,
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Ronny R AndersonT
Sheriff -Vj
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Jody S Smith ChiefDeputy
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Richard W Stewart
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Solicitor
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JP Morgan Chase Bank, NA
vs.
Jonathan S. Hamilton
Case Number
2012-3582
SHERIFF'S RETURN OF SERVICE
06/12/2012 07:51 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 12,
2012 at 1951 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Jonathan S. Hamilton, by making known unto himself personally, at 116
Sgrignoli Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $43.00
June 14, 2012
RYAN BURGETT, DE
SO ANSWERS,
RON R ANDERSON, SHERIFF
(C) CountySuite Sheriff Teleowft Inc
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
C?
Attorney For Plai rG.
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JP MORGAN CHASE BANK, NATIONAL : Court of Common Pleas
ASSOCIATION SB/M TO CHASE HOME :
FINANCE, LLC SB/M TO CHASE : Civil Division
MANHATTAN MORTGAGE CORPORATION .
Plaintiff CUMBERLAND County
vs No. 12-3582-CIVIL
JONATHAN S. HAMILTON
Defendant
PRAECIPE
TO THE PROTHONOTARY:
® Please withdraw the complaint and mark the action Discontinued and Ended without
prejudice.
? Please mark the above referenced case Settled, Discontinued and Ended.
? Please Vacate the judgment entered and mark the action Discontinued and Ended
without prejudice.
? Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
Date: PHELA!?L INAN & SCHMIEG, LLP
PHS # 291658
chael Kolesnik, Esq., Id. No.308877
Attorney for Plaintiff
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Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
JP MORGAN CHASE BANK, NATIONAL
ASSOCIATION SB/M TO CHASE HOME
FINANCE, LLC SB/M TO CHASE MANHATTAN
MORTGAGE CORPORATION
Plaintiff
vs
JONATHAN S. HAMILTON
Defendant
Attorney For Plaintiff
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 12-3582-CIVIL
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:
JONATHAN S. HAMILTON
116 SGRIGNOLI LANE
ENOLA, PA 17025-2952
Date: ZC202- By:
PHS # 291658
chael Kolesnik, Esq., Id. No.308877
Attorney for Plaintiff