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Home My WebLink About12-4079" ?Hi E PROTHONOTAR-y 2 12 J11N 29 AN 10:22 CUMBERLAND COUNTY PUNS YLVANIA PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION I I 1 I POLARIS PARKWAY COLUMBUS, OH 43240 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM V. NO. l - y b q 0?v I' THOMAS REDDING JESSICA EDENS CUMBERLAND COUNTY 836 BOSLER AVENUE LEMOYNE, PA 17043-1820 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 295512 CCc- 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 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #. 295512 I . Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION I I I 1 POLARIS PARKWAY COLUMBUS, OH 43240 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS REDDING JESSICA EDENS 836 BOSLER AVENUE LEMOYNE, PA 17043-1820 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/20/2009 THOMAS REDDING and JESSICA EDENS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FAIRWAY INDEPENDENT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200919018. By Assignment of Mortgage recorded 05/03/2012 the mortgage was assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION which Assignment is recorded in Assignment of Mortgage Instrument No. 201213172.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 12/01/2011 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 File #: 295512 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 03/31/2012: Principal Balance $117,022.14 Interest $2,681.75 11/01/2011 through 03/31/2012 Late Charges $145.96 Property Inspections $88.00 Subtotal $119,937.85 Escrow Credit 271.95 TOTAL $119,665.90 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam 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 noway 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. File #: 295512 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $119,665.90, 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 HALN & SCHNaEG, LLP By: lf?[ ? 1S ttorney for Esquire File k 295512 e LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Lemoyne, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Bosler Avenue, which point is the dividing line between Lot No. 90 and Lot No. 91, Section E, in a Plan of Lots known as Plan No. 1, Riverton, Pennsylvania, said Plan being recorded in the Recorder's Office in and for Cumberland County, at Carlisle, Pennsylvania in Deed Book J, Volume 4, Page 40; thence eastwardly along the southern side of said Bosler Avenue, 1.7 1/2 feet; thence southwardly through the center of Lot No. 91 and the center of a brick partition wall, the dividing line of the property herein described and adjoining, 150 feet to the northern side of an alley; thence westwardly along the northern side of said alley, 17 1/2 feet to the eastern line of Lot No. 90; thence northwardly along the eastern line of said Lot No. 90, 150 feet to a point, the place of BEGINNING. Parcel No. 12-22-0824-090 PROPERTY ADDRESS: 836 BOSLER AVENUE, LEMOYNE, PA 17043-1820 PARCEL # 12-22-0824-090 File #_ 295512 le VERIFICATION C1%'CA Tn Lc hereby states that he/she is '?t? ? icAc,,tt of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 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. -am e: DATE: -per' -Do%,CN X-ElmaHopic Title: Vice President JPMORGAN CHASE BANK, NATIONAL ASSOCIATION File#:295512 (FHA) Name: REDDING File# 295512 FORM I IN THE COURT OF COMMON PLEAS ?y JPMORGAN CHASE BANK, NATIONAL OF CUMBERLAND COUNTY, 'PENNSYeVA ASSOCIATION Plaintiff(s) '+® G vs. f 0 pyo y THOMAS REDDING ?L C' JESSICA EDENS p Q ?? Defendant(s) Civil N? . „C. NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE 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 a lawyer, 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 no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all 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 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 out 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 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 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 out reasonable arguments 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. Date Respectfully submitted: S Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date _ Cumberland County Court of Common Pleas 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 counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: How long? Loan Number: _ Second Mortgage Lender: Type of Loan: _ Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: State: Zip: Yes F1 No [_1 Listing date: Price: $ Realtor Phone: Yes ? No El Home: Cell: State: _Zip: Office: Other: How long? State: -Zip: Home: Cell: Date You Closed Your Loan: Office: Other: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate Retirement Funds Investments: Checking: Savings: Other: Automobile #1: Model: Amount Owed: Value: Amount owed: Value: _ Automobile #2: Model: _ Amount owed: Value: _ Other transportation (automobiles, boats, motorcvcles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross 2. Monthly Gross 3. Monthly Gross Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Year: Year: Monthly Net Monthly Net Monthly Net Borrower Pay Days:_ Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2°a Mortgage Utilities Car Payment(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/Tuft. 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 F-1 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 known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t. 1 L.. E D - (.i i- i u TH " ??0TP -Ti, 2012 JUL 23 AM $: 3 7 CUMBERLAK Cpl; ,r'ENNSYLVANlA F4,1 JP Morgan Chase Bank, NA vs. Case Number Thomas Redding 2012-4079 SHERIFF'S RETURN OF SERVICE 07/13/2012 06:00 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2012 at 1800 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Thom s Redding, by making known unto Jessica Edens, Wife of Defendant at 836 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally he said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $44.00 July 17, 2012 SO ANSWERS, R ANDERSON, SHERIFF ~~ 7'F~~ f' fl ~(} tt~ N{f TAB ~;~ PHELAN HALLINAN &SCHMIEG, LLP ~~~~ AUG ZQ ~(~ g; SO John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 ~t1MflE~L.AMa ~QU1Vi'Y One Penn Center Plaza ~~~~SY~U~N~~ Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY THOMAS BEDDING No. 12-4079-CIVIL JESSICA EDENS Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the captioned matter. & SCHMIEG, LLP By: . l~lesnik, Esq., Id. No. 308877 v for Plaintiff Datd.: AUQUSt l6, 2012 jhk/kpl, Svc Dept. File# 295512 v ~d a~1 a ~j~,~„ ai 8a u-# gSUN � 4 ' T�f 20 13 MAR 21 AH 9' 5 9 Phelan Hallinan,LLP Att(1ey For Plaintiff 1617 JFK Boulevard,Suite 1400 CUMBERLAND GOUN One Penn Center Plaza t NIBS YLVA'Ni A Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK, Court of Common Pleas NATIONAL ASSOCIATION AS ATTORNEY IN FACT FOR THE Civil Division FEDERAL DESPOSIT INSURANCE CORPORATION AS RECEIVER OF CUMBERLAND County WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL No. 12-4079-CIVIL BANK FA SUCCESSOR BY MERGER TO BANK UNITED Plaintiff vs THOMAS REDDING JESSICA EDENS 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. ® Please Vacate the Judgment entered. Date: PHELAN H LLP By F.Zuc an, ,Id. No.309519 Attorney for laintiff PHS#295512 amt Ckl-* is P') ?9/ Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION AS ATTORNEY IN FACT FOR THE FEDERAL DESPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA SUCCESSOR BY MERGER TO BANK UNITED Plaintiff Civil Division V. CUMBERLAND County THOMAS REDDING No. 12-4079-CIVIL JESSICA EDENS Defendant PHS#295512 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 REDDING JESSICA EDENS 836 BOSLER AVENUE LEMOYNE,PA 17043-1820 Date: PHELAN ,LLP By• n F.Zuc an,Esq., Id. No.309519 Attorney for Plaintiff