HomeMy WebLinkAbout12-5194IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION, s/b/m/t
CHASE HOME FINANCE LLC, s/b/m/t
CHASE MANHATTAN MORTGAGE
CORORATION,
CIVIL DIVISION
NO.. 19- 5 19 Y
Plaintiff,
vs.
GLEN L. SMITH AND
ELIZABETH M. SMITH,
Defendants.
NOTICE TO DEFEND
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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
00 ffi103.7SJda-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION, s/b/m/t
CHASE HOME FINANCE LLC, s/b/m/t
CHASE' MANHATTAN MORTGAGE
CORORATION,
CIVIL DIVISION
NO..
Plaintiff,
vs.
GLEN L. SMITH AND
ELIZABETH M. SMITH,
Defendants.
TO DEFENDANTS
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF
Y!? L) C c <- ?Ci X_C /?__
ATTORNEY FOR PLAINTIFF
I HEREBYI CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
I I 1 I Polaris Parkway
Columbus, OH 43240
AND THE DEFENDANTS IS:
5266 Terr Load
Mechanicsburg, PA 17050
ATTORNEY FOR PLA TIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL; ESTATE AFFECTED BY THIS LIEN IS
5266 Terr goad, Township of HamRden.
(CITY, BOW, TOWNSHIP,WARD)
TYPE OF PLEADING
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF PLAINTIFF:
JPMorgan Chase Bank, National
Association, s/b/m/t 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
ATTORNE FOR PLAIN IFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
JPMORGAN CHASE BANK, CIVIL DIVISION
NATIONAL ASSOCIATION, s/b/m/t
CHASE HOME FINANCE LLC, s/b/m/t
CHASE,, MANHATTAN MORTGAGE NO.:
CORORATION,
Plaintiff,
VS.
GLEN L. SMITH AND
ELIZABETH M. SMITH,
Defendants.
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
JPMorgan Chase Bank, National Association, s/b/m/t 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 JPMorgan Chase Bank, National Association, s/b/m/t Chase Home
Finance LLC, s/b/m/ Chase Manhattan Mortgage Corporation which has a place of business at
1111 Polaris Parkway, Columbus, Ohio 43240 and is authorized to do business in the
Commonwealth of Pennsylvania.
2. The Defendants, Glen L. Smith and Elizabeth M. Smith, are individuals whose
last known address is 5266 Terrace Road, Mechanicsburg, PA 17050.
3. On or about February 28, 2003, Defendants executed a Note ("Note") in favor of
The Washington Savings Bank, FSB in the original principal amount of $123,850.00. A true
and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about February 28, 2003, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to The Washington Savings Bank, FSB a Mortgage
("Mortgage") in the original principal amount of $123,850.00 on the premises hereinafter
described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland
County on March 3, 2003 in Mortgage Book Volume 1798 Page 1851. 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. On or about March 4, 2003, The Washington Savings Bank, FSB assigned all of
its right, !title and interest in and to the Mortgage to Chase Manhattan Mortgage Corporation
pursuant to the terms of a certain Assignment of Mortgage, recorded in the office of the Recorder
of Deeds of Cumberland County on October 2, 2003 at Mortgage Book Volume 702 Page 2083.
A true and correct copy of said Assignment of Mortgage is marked as Exhibit "C", attached
hereto and made part hereof.
6. Defendants are the record and real owners of the aforesaid Mortgaged Premises.
7. Defendants are 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. Defendants are due
for the April 1, 2012 payment.
8. On or about May 29, 2012, Defendants were mailed Notices of Intention to
Foreclose Mortgage in compliance with Act 6 of 1974, 41 P. S. §101, et seq.
9. The following amounts are due to Plaintiff on the Mortgage as of July 31, 2012:
Principal $ 106,036.89
Interest from 03/01/12 through 07/31/12 $ 2,650.90
Late Charges $ 120.37
Escrow Balance $ -520.35
Property Inspections $ 42.00
Attorneys' Fees $ 650.00
Foreclosure Costs $ 353.75
TOTAL $ 109,333.56
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the
sum of $109,333.56, together with interest, costs, fees, and charges collectible under the note and
mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of
the mortgaged property.
GRENEN & BIRSIC, P.C.
BY: y` Q L/C-
Kristine M. Anthou, squire
Brian M. Kile, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
THIS I$ AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
r
EXHIBIT "A"
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Multistate
February 28th, 2003
1 Date]
b ?
Loan ID # -
NOTE FHA Case No.
441-7116837
Icily]
Camp Hill, PA
Istatel
5266 Terrace Road, Mechanicsburg, PZNNSYLVA141A 17050
IPropeny Address)
1. PARTIES
"Borrower" ntearys each person signing at the end of this Note, and the person's successors and assigns. "Lender"
means The Naehin#ton Savinea Bank, FSB
and its successors and! assigns.
2. BORROWER'S (PROMISE TO NAY; IN'rEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred
Twenty Three Thfiousand Bight Hundred Fifty- - - - - - - - - - - - - - - - - Dollars
((J.S. S 123, 850.;00 ) plus interest, to the order of Lender. Interest will be charged on unpaid principal, from
the date of disbursement of the loan proceeds by Lender, at the rate of six
percent ( 6.000 %) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURER
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the
same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses
which might result if Borrower defau, is under this Note.
4. MANNER OF PAYMENT
(A)7ime
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
April let, 2003, Any principal and interest remaining on the first day of March, 2033
will iNO due on that dale, which is called the "Maturity Date."
(11) Place
Payment shall be made at 4201 Mitchellville Road, Ste. 300, Bovrie, Maryland 20716
or at such place as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 742. 55 This amount will
be part of a larger montthly payment required by the Security Instrument, that shall W applied to principal, interest and
other items in the ordt r described in the Security Instrument.
(D) Allonge tot is Note for Payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shall be ini?orporated into and shall amend and supplement the covenants of this Note as if the allonge were a
pan of this Note. )Crycck applicable hox)
? Graduated Payment Allonge ? Other )specify)
? Growing Equity Allonge
5. BORROWER'S OIGHT'rO PREPAY
Borrower has the (right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the
first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the
amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the
Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the
monthly payment unless Lender agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge (for Overdue Payments
If Lender has not received the full monthly payment required by the Security Insiirunxat, as described in Paragraph
4(C) of this Note by the end of Fit teen calendar days after the payment is due, Lender may collect
a late charge in the amount of Four percent ( 4.000 %) of the overdue
amount of each payment.
(H) lVauli
If Borrower defaults by failing to pay in full any monthly payment, then Lender :atay, except as limited by
regulations of the Secretary in the case of payment defaults, require immediate paynxrit in full of the principal balance
remaining due and all accrued interest. Lender may choosy: not to exercise this optioin without waiving its rights in the
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Loan ID N ?.
event of any subsequent default. In many circumstances regulations issued by the S,.:rcKary will limit Lender's rights to
require inunt:diate payment in full in the case of payment defaults. This Note does i x authorize acceleration when not
permitted by+IUD regulations. As used in this Note, "Secretary" means the Sec'reliu y of Housing and Urban
Development or his or her designee.
(C) Payment of (Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender mly require Borrower to pay costs
and expenses including reasonable and customary attorneys' fees for enforcing this Nate to the extent not prohibited by
applicable law. Such' fees and costs shall bear interest from the date of disbursement at the same rate as the principal of
this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the ri, Ats of presentment and notice of
dishonor. "Presentment" means the right to require Lender to demand payment of at xwnts due. "Notice of dishonor"
means the right to require Lender to give notice to other persons that amounts due hz ve not been paid.
S. GIVING OF NOTICES
Unless applicably law requires a different method, any notice that must be given to Borrower under this Note will be
given by delivering it'',or by mailing it by first class mail to Borrower at the property address above or at a different
address if Borrower has given Under a (notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first cI tss mail to Lender at the address
stated in Paragraph 40 or at a different address if Borrower is given a notice of tha different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person if fully and personally oblilated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person %1ho is a guarantor, surety or
endorser of this Note !is also obligated to do these things. Any person who takes ove•these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also obligated to keep a II of the promises made in this
Noic. Under may enforce its rights under this Note against each person individually or against all signatories together.
Any one person signing this Note may be required to pay all of the amounts owed under this Now.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
(scat)
Glen Smith -Borrower
Slizabot M Smith -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
PAY yCHAS = NHATTAN MORTGAGE CORP.
mTHWf 1 +' Pay to the Op lef If
Without Recot I
'OiE W 8A .BANK. FS8 Chaso Mantra, 01t9a
Michelle Hatziy nris, Assistant Secretary /ASST.
' 251?1 9e Cor poratl,m
CRETARY
AAFN2C • 09142001 Page 2 of 2 WWW.h1ortaage1%i hvjSyaenu.ann
EXHIBIT "B"
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-ik,?%LAND COUNTY
RECORD RETURN TO
THE WASHINGTON SAVINGS BANK, FSB
4201 MITC LVILLE ROAD, SUITE 300
BOWIE, MD 0716
33 MIN 3 AM 9 23
Parcel Number:
[Space Above This Line For Recording Data]
Commonwealth of Pennsylvania MORTGAGE FHA Case No.
441-7116837
Loan ID #
THIS MORTGAGE 'Security Instnunent") is given on February 28th, 2003 The Mortgagor is
' Glen L Smith andf lizabeth M Smith
("Borrower"). This Security Instrument is given to The Washington Savings Bank, FSB
, which is organized and existing under the laws of THE UNITED
STATES OF AMERICA , and whose address is 4201 Mitchellville Road, Ste.
300, Bowie;, Maryland 20716 ("Lender"). Borrower owes Lender the
principal sum of One Hundred Twenty Three Thousand Eight Hundred Fifty and no/100- - - -
- - - - - Dollars (U.S. $ 123p850.00 ). This debt is evidenced by Borrower's note dated the same
date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier,
due and payable on March 1st, 2033 . This Security Instrument secures to Lender: (a) the
repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note;
(b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security
Instrument; and (c) 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 the Lender the following described
property located in Cumberland County, Pennsylvania:
See attached Legal Description
FHA Pennsylvania Mortgage - 4196
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which has the address of
Pennsylvania 17050
[Zip Code]
5266 Terrace Road,
[Sweet]
("Property Address");
Mechanicsburg
[City]
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 Secun Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, gra?at 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 SE?URrff 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.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payroent of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest
on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly
payment, tog er with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property,
and (c) premr s for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage
insurance prenpium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such
premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include
either: (i) a stem for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly
charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable
amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called
"Escrow Items" and the sums paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act
of 1974, 12 UFS.C. Section 2601 et seq. and implementing regulations, 24 CPR Part 3500, as they may be amended
from time to t?rne ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements
or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the
mortgage insu
If the arm
account to Bo:
are not suffici
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The Escrc
tenders to Len
all installment
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tnts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall
ower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time
zt to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up
permitted by RESPA.
v Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower
er the full payment of all such sums, Borrower's account shall be credited with the balance remaining for
terns (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become
to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to
le of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance
[I installments for items (a), (b), and (c).
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3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, (Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether
now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires.
Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against
loss by floodsl,to the extent required by the Secretary. All insurance shall be carried with companies approved by
Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor
of, and in a farm acceptable to, Lender.
In the eve t of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptl by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds
may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security
Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or
(b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not
extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of
such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the
Note and this }security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the
indebtedness, 011 right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
S. Occu ancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Grower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days
after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall
continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,
unless Lender (determines that requirement will cause undue hardship for Borrower or unless extenuating circumstances
exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower
shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,
reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan
is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower
shall also be in default if Borrower, during the loan application process, gave materially Use or inaccurate information
or statements to Lender (or failed to provide Lender with any material information) in connection with the loan
evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property
as a principal residence. If thid Security Instrument is on a leasehold, Borrower shall comply with the provisions of the
lease. If Bo wer acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees
to the merger n writing.
6. Cond mnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby
assigned and all be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the
Note and thisecurity Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note
and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to
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prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of
the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess
proceeds over) an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall
be paid to the I entity legally entitled thereto.
7. Ch es to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental Or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these
obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's
interest in the, Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these
payments.
If Borro%?er fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender' rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), en Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights
in the Propert , including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amo is disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured
by this Securi y Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at
the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writ ng to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate top rent the enforcement of the lien; 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 whic may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grou ds for Acceleration of Debt.
(a) ]Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment
defau ts, require immediate payment in full of all sums secured by this Security Instrument if:
() Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of the next monthly payment, or
0i) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in
this Security Instrument.
(b) a Without Credit Approval. Lender shall, if permitted by applicable law ('including Section 341(d) of
the G -St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701]-3(d)) and with the prior approval of
the Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
(?) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold
or otherwise transferred (other than by devise or descent), and
(il) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance
v ith the requirements of the Secretary.
(c) I o Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but
Lend r does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) egulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lend is rights, in the *case of payment defaults, to require immediate payment in full and foreclose if not paid.
This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the
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(e) 11ortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined
to be 'eligible for insurance under the National Housing Act within 60 days from the date hereof, Leader may, at
its op;-on, require immediate payment in full of all sums secured by this Security Instrument. A written
statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining
to in re this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility.
Notw thstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance
is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Rein*atement. Borrower has a right to be reinstated if Lender has required immediate payment in full because
of Borrower's (failure to pay an amount due under the Note or this Security Instrument. This right applies even after
foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all
amounts requi d to bring Borrower's account current including, to the extent they are obligations of Borrower under
this Security *trument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly
associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the
obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However,
Lender is not required to permit reinstatement if. (i) Lender has accepted reinstatement after the commencement of
foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding,
(ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect
the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest.
Lender shall not be required to commence proceedings against any successor in interest or 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 o 'ginal Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right
or remedy s 1 not be a waiver of or preclude the exercise of any right or remedy.
U. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Scurity Instrument but does not execute the Note: (a) is co-signing this Security instrument only to
mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class mail lto Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as
provided in this paragraph.
14. Goveriring Law; Severability. This Security Instrument shall be governed by Federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts ' ith applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be ;Ven effect without the conflicting provision. To this end the
provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security instrument.
7
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Loam XD #
16. Haza t-do-s Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardou Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
the Property t is in violation of any Environmental Law. The preceding two sentences shall not apply to the
presence, use, j or storage on the Property of small quantities of Hazardous Substances that
are generally tiecognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of 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 Envirotal Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental
or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances
by Envirotal Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,
toxic pesticid and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
materials. As lused in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where
the Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assig ment of Rents., Borrower unconditionally assigns and transfers to Lender all the rents and revenues of
the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each
tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of
Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents
and revenues Of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an
absolute assi t and not an assignment for additional security only.
If Lender 'ves notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as
trustee for ben It of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be
entitled to collct and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due
and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
prev==? from exercising its rights under this paragraph 17.
1 not be required to enter upon, take control of or maintain the Property before or after giving notice of
breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. 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 the debt secured by the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred
in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of
title evidence.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires
immediate payment in full under paragraph 9, the Secretary may involve the noWudicial power of sale provided in
the Single Fa ily Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure
commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act.
Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under
this paragraph 18 or applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument, this Security instrument and the estate
conveyed shalllterminate and become void. After such occurrence, Lender shall discharge and satisfy this Security
Instrument wi out charge to Borrower. Borrower shall pay any recordation costs.
1
Initials:
PAFM6G - 02252002 Page 6 of 8 smy.MortpgeBankingsy .com
Bf?17 rG1856
Loan ID #
20. Waivjers. 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.
21. Rei tatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to
the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
22. Purchase Money Mortgage. If any of the debt secured by this Security instrument is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
23. Inter t Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on
the Note or inl an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument. [ eck applicable box(es)]
? Condominium Rider ? Growing Equity Rider ? Other [specify]
? Planned Unit Development Rider ? Graduated Payment Rider
BY SIGNG BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any
rider(s) executed by Borrower and recorded with it.
Witnesses:
ze J-txl &aeJ4 • (Seal)
Gleiyr smith/ -Borrower
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
PAFM7G - 02252002 Page 7 of 8 www.MortgageBankingSystems.com
i
l
Certificate of 11 Residence
Loan ID #
I, , do hereby certify that the correct address of the within-
named Lender, is 4201 Mitchellville Road, Ste. 300, Bowie, Maryland 20716
Witness nay hand this 28th day of February, 2003
-Agent of Lender
COMMONVV*ALTH OF PENNSYLVANIA, County ss:
On this, 28th day of February, 2003 , before me, the undersigned officer, personally appeared
n L Smith and Elizabeth M Smith
known to me or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within
instrument and acknowledged that THEY executed the same for the purposes herein contained.
IN WIT SS WHEREOF; I hereunto set my hand and official seal.
My Commissi n Expires: I
NOTARIAL SEAL
VIN IE R. WELKER Notarryy PubNc
N8 Ht? $am, Cum?erIM county
i n x kea MetCh 4, 2
Title of
`?
PA.CM8G - 02252002 Page 8 of 8
pit 78FG9858
' - ,• . , yes:
Initials: Lois
wwiv.MortgageBaWdng$ysten s (om
4
i
E
t . First American Title Insurance Company
Commitment Number: 03036
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to In this Commitment is described as follows:
A4L those certain two tracts or parcels of land situate in Hampden Township, Cumberland County, Pennsylvania,
more particularly bounded and described as follows, to wit:
Tract No. 1:
BEGINNING at a point on the north side of Terrace Road (33 feet wide) as shown In the hereinafter mentioned
Plan of Lots at the dividing line of Lots Nos. 98 and 99 on said Plan; thence wetswardly along said dividing line a
distance of one hundred and fifty (150) feet; thence northwardly at right angles to said dividing line, a distance of
one hundr (100) feet to Lot No. 97 on said Plan; thence eastwardly along said lot No. 97, a distance of one
hundred W -six and seventy-one one-hundredths (156.71) feet to the westerly line of Terrace Road; thence
southwardl along Terrace (toad, along a curve to the left having a radius of six hundred six and nineteen
one-hundre the (606.19) feet, an arc distance of ninety and thirty-four one-hundredths (90.34) feet to a point;
thence by s me a distance often (10) feet to lot No. 99, the point of BEGINNING.
BEING Lot No. 98, Plan No. 2, Good Hope Terrace, recorded In Plan Book 7, Page 6.
HAVING THEREON ERECTED a one-story brick dwelling house known and numbered as 5266 Terrace Road,
Mechanicsb rg, Pa.
Tract No. 2
BEGINNIN at a point on the west side of Terrace Road, said point being the dividing line betweenlots Nos. 98
and 99, in t e hereinafter mentioned Plan of Lots; thence along said dividing line, south 88 degrees, 30 minutes
west, a dist nce of one hundred fifty (150) feet to land of Ray E. Steward; thence along said Steward Land, south
1 degree, 3 minutes east a distance of flq (50) feet to a point; thence north 88 degrees 30 minutes east, a
distance of one hundred fifty (150) feet to errace Road; thence north 1 degree, 30 minutes west, a distance of
fifty (50) fee to Lot No. 98, the place of BEGINNING.
i
BEING the northerly one-half of Lot No. 99 in the Plan of Good Hope Terrace, as recorded in the Cumberland
County Re rder's Office In Plan Book 7, Page 6.
UNDER AND SUBJECT, NEVERTHELESS, to building and use restrictions applicable to said premises under
Instruments Hof prior record, excepting those, If any, imposing restrictions upon sale or occupancy on the basis of
race, creed,; or color, which it is expressly intended shall not be imposed or re-imposed hereby.
BEING the ame remises which Delma E. Layne, by Deed dated April 18, 1986 and recorded April 22, 1986 in
the Office o the recorder of Deeds in and for Cumberland County in Deed Book V-31, page 489, granted and
conveyed u to Delma E. Layne and Patricia J. Layne, his wife. The said Delma E. Layne died April 4, 2001
thereby ves Ing sole title unto Patricia J. Layne.
AL.TA Commitrpent
Schedule C
I Certify this to be recorded
In Cu1'1Uiy 1a11 i County I?
1f{ ; (03038/03036/15)
Recorde. of Deeds
N'I796PP1859
EXHIBIT "C"
t\.?A/SSSK-.NMtiNT OF MORTQAGFIDEI:D OF TRUST
`"? 1 ? ? ? ??' 111
'TRUS"f
ASSIGNMENT OF MORTGAGE/DEED OF
FOR VALUE RECEIVED, THE WASHINGTON SAVINGS BANK, FSB, "Assignor", does hereby, without recourse,
and without rcprc$cntation or warranty of any kind, grant, bargain, sell, assign transfer and set over unto Chase Manhattan
Monaaar Como r,ition and/or a i ts. 10151 Deerwtwd Park Blvd. Building 300. 1' Floor. Suite 140, Jacksonville,
Florida 32256"AS ignec", that certain Mongage/Dced of Trust secured by the property situated in CUmberlrnd County.
Pennsylvania as further described in said Mortgagc/Dced of Trust, which Mortgage/Ihxd of Trust hereby assigned
is more particularly identified by the name of the grantors, dates, original amount, and recording reference as follows:
GRANTOR/MORTGAGOR: Glen L. Smith and Elirabuth M. Smith
GRA NTE E/TR USTEE:
MORTGAGEE/BENIFICIARY: The Washington Savings Bank. FSB
DATE OF MORTGAGE/DEED OF TRUST: February 28.2003 < j
W - u
ORIGINAL AMOUNT LIBER/FOLIO RECORD DATE o
W
co rrr ?
S 123.859.00 r- c; :v
t v n t -+
TOGETHER, with all rights, title and interest of Assignor in and to the same, including all collateral loan doc nts4bg r?
rights relating to aid Mortgage/Decd of Trust. C m
Said property known as: N Z m
-S p
- fT0
FOR LEGAL DESCRIPTION SEE SCHEDULE "A" A'I-I*ACtIED AND MADE A PART HEREO?j . (.) =
Which has the ud¢ress of 5266 Tcrracc Road. Mechanicsburg, Pennsylyunia 17050
To have and to hold unto the said Assignee, its successors and assigns, subject, nevertheless, to the equity of
redemption of thcl said Grantor/Mortgagor in said Mortgage/Decd of Trust.
IN WITNESS WHEREOF, the Assignor has caused this Assignment of Mongagc/Decd of Trust to %d„iul'
executed this 07 day of March 2003 NNN'?AA°JM
E WASHINGTON SAVINGS-BANK. FSB
BY:
STATE OF MARYLAND
COU NTY OF CA I_V ERT,
Michelle
?' 1'agc I
'qr
On this 04_ day of March , 2003, before me Robin L. Mister. Notary Public of the state of
Maryland aforesa d and for the COUNTY of Cal yen , residing therein, personally appeared Michel Ic Hatriyannis who
acknowledged hi If(hersclf to be the Assistant Secretary of The Washington Savings Bank. FSB. a corporution,.and
he/she, as such Assistant Secretary, being authorized to do so, executed the foregoing instrument bearing thud "
4 - c 2003_ for the purposes therein contained, by signing the name of the corporq? ?•w • ;
himsclf/ht:rsclf as Assistant Secretary. ; ,?t••, ? ? ?l r?
INWITNESSWHEREBY, Ihereunto set my hand and official sea].
??t ,,, • 4th
NOTARY PUBLIC 1'\f1P.(rn W rn. d t't.t _..(SE7;LILi?J
My Commission Expires: 11/28/2005 +'f,--,, 9x!31:
This is to certify that this instrument has been prepared under the supervision of the Washington Sayings Bank one of the
interested parties.'
1 ' 1 r f-ktl,- L"(L-b-kA Assistant Secretary
J KAC1.x M.WIM f1 l+*96Wa A4tq Wffl of Mat" 04"CAX)
9008 701 1,%[20833
i
Commitment Number: 03036
First American Title Insurance Company
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
AL'L those curtain two tracts or parcels of land situate in Hampden Township, Cumberland County, Pennsylvania,
more particularly bounded and described as follows, to wit:
Tract No. 1:
BEGINNING at a point on the north side of Terrace Road (33 feet wide) as shown in the hereinafter mentioned
Plan of Lots at the dividing line of Lots Nos. 98 and 99 on said Plan; thence wetswardty along said dividing line a
distance of one hundred and fifty (150) feet; thence northwardly at right angles to said dividing line, a distance of
one hundred (100) feet to Lot No. 97 on said Plan, thence eastwardly along said lot No. 97, a distance of one
hundred fifty-six and seventy-one one-hundredths (156.71) feet to the westerly line of Terrace Road; thence
southwardly long Terrace Road, along a curve to the left having a radius of six hundred six and nineteen
one-hundred hs (606.19) feet, an arc distance of ninety and thirty-four one-hundredths (90.34) feet to a point:
thence by sa e a distance of ten (10) feet to lot No. 99, the point of BEGINNING.
BEING Lot No. 98, Plan No. 2, Good Hope Terrace, recorded In Plan Book 7, Page 6.
HAVING THEREON ERECTED a one-story brick dwelling house known and numbered as 5266 Terrace Road,
Mechanicsb rg, Pa.
Tract No. 2:
BEGINNING at a point on the west side of Terrace Road, said point being the dividing line betweenlots Nos. 98
and 99, in the hereinafter mentioned Plan of Lots; thence along said dividing line, south 88 degrees, 30 minutes
west, a distance of one hundred fifty (150) feet to land of Ray E. Steward; thence along said Steward Land, south
1 gegree, 30 minutes east a distance of fifty (50) feet to a point; thence north 88 degrees 30 minutes east, a
distance of one hundred fifty (150) feet to Terrace Road; thence north 1 degree, 30 minutes west, a distance of
fifth (50) feet o Lot No. 98, the place of BEGINNING.
t
BEING thenortherly one-half of Lot No. 99 in the Plan of Good Hope Terrace, as recorded in the Cumberland
County Recorder's Office in Plan Book 7, Page 6.
UNDER AN SUBJECT, NEVERTHELESS, to building and use restrictions applicable to said premises under
instruments f prior record, excepting those, if any, imposing restrictions upon sale or occupancy on the basis of
race, creed, or color, which it is expressly intended shall not be imposed or re-imposed hereby.
BEING the s me premises which Delma E. Layne, by Deed dated April 18, 1986 and recorded April 22, 1986 in
the Office of he Recorder of Deeds in and for Cumberland County in Deed Book V-31, page 489, granted and
conveyed un o Delma E. Layne and Patricia J. Layne, his wife. The said Delma E. Layne died April 4, 2001
thereby vesti g sole title unto Patricia J. Layne.
ALTA Commitn*nt (03035103036115)
Schedule C
Boos 701 PACE:;_'08 4
Pennsylvania Verification
Seluir Lokmic , hereby states that he/she is Vice President of
JP organ Chase Bank, N.A. the 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
cor ect 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.
_<-7;" C;7?-'
Selir Lokmic
Vice President
Date: 08/08/12
JPMorean Chase Bank, N.A
Borrower: Glen L Smith & Elizabeth M Smith
Property Address: 5266 Terrace Rd Mechanicsburg, PA 17050
County: Cumberland
Last Four of Loan Number: 7744
JPMorgan Chase Bank, National
Association, et al.
Plaintiff(s)
VS.
Glen L. Smith and Elizabeth M. Smith
Defendant(s)
C'3
r'? n.? -rt
FORM 1 -?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
-4 7
7- -?
-
77
y
Civil
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.
'f 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 the 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 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 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
appointmjent 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
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 WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted: /
YA OL c U GC c ??
Date Signature of Counsel for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
???;F11T ?f C?If 717 f1rr-l77j?
E PROTHCt C
-'H
2912 SEP 17 PM 12: 39
CUMBERLAND C00TY
PENNSYLVANIA
JP Morgan Chase Bank, NA
vs.
Glen Leroy Smith, Jr (et al.)
Case Number
2012-5194
SHERIFF'S RETURN OF SERVICE
09/06/2012 07:25 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
September 6, 2012 at 1925 hours, he served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: Elizabeth M. Smith, by 'ng known unto herself
personally, at 5266 Terrace Road, Mechanicsburg, Cumberland Count (t en ylv nia 17050 its contents
and at the same time handing to her personally the said true and corre t of th same.
SHAWN HARRISON, DEPUTY
09/07/2012 06:15 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
September 7, 2012 at 1815 hours, he served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: Glen Leroy Smit, JrPre king known unto
himself personally, at 110 S. River Street, Wormleysburg, Cumberlanllf o nsylvania 17043 its
contents and at the same time handing to him personally the said tru d opy of the same.
WN FNWR. 'fSON, DEPUTY
SHERIFF COST: $70.00
September 11, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
~..:, - .
,- : :::~
JPMORGAN CHASE BANK, CIVIL DIVISION ~..,,:~. ~~= ~~..
NATIONAL ASSOCIATION, s/b/m/t ~ ~' ~'~ ~~ 'l''
CHASE HOME FINANCE LLC, s/b/m/t ~-% ~ °; , ,,~, `~~~~,
CHASE MANHATTAN MORTGAGE NO.: 12-5194 r ^ - ~ ~ ~~
,~ ~ -v K-,y-,.,
CORPORATION, p ~ --~- '--._,
;~.- ~ ~ ~-
Plaintiff, TYPE OF PLEADING ~ , =°j `"~
~.~~ ~.
vs. PRAECIPE FOR DEFAULT
JUDGMENT
GLEN L. SMITH AND (Mortgage Foreclosure)
ELIZABETH M. SMITH,
Defendants. FILED ON BEHALF OF PLAINTIFF:
JPMorgan Chase Bank, National
Association, s/b/m/t Chase Home Finance
LLC, s/b/m/t Chase Manhattan Mortgage
I hereby certify that the Corporation
address of Plaintiff is:
COUNSEL OF RECORD FOR THIS
1111 Polaris Parkway PARTY:
Columbus, OH 43240
the last known address of Kristine M. Anthou, Esquire
Defendants is: Pa. I.D. #77991
Glen L. Smith
110 South River Street GRENEN &BIRSIC, P.C.
Wormleysburg, PA 17043
One Gateway Center
Elizabeth M. Smith Ninth Floor
5266 Terr Road Pittsburgh, PA 15222
Mechanicsburg, PA 17050 (412) 281-7650
GRENEN &BIRSIC, P.C.
Attorneys for Plaintiff d.
C~-
~~a~~~
1e~
o~~ ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION, s/b/m/t
CHASE HOME FINANCE LLC, s/b/m/t
CHASE MANHATTAN MORTGAGE
CORPORATION,
CIVIL DIVISION
NO.: 12-5194
Plaintiff,
vs.
GLEN L. SMITH AND
ELIZABETH M. SMITH,
Defendants.
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
SIR:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendants, Glen L. Smith and Elizabeth M. Smith, in the amount of $112,990.49, which
is itemized as follows:
Principal $106,036.89
Interest to 10/31/12 $ 4,241.44
Late Charges to 10/31/12 $ 120.37
Escrow Deficiency to 10/31/12 $ 924.41
Corporate Advances $ 127.13
Attorney's fees $ 1,170.00
Title Search, Foreclosure and
Execution Costs $ 370.25
TOTAL $112,990.49
together with interest, costs, fees, and charges collectible under the note and mortgage including
but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged
property.
GRENEN & BIRSIC, F.C.
/f
Kristine M. Anthou, Esquire
Attorneys for Plaintiff
AFFIDAVIT OF NON-M~ILIT_ARY SERVICE
AND CERTIFICATE OF MAI~.,ING OF NOTI,~~,CE 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 Notices of Intent to take Default
Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy.
,~ ~ "'
Sworn to and subscribed before me
this ~ day of ~~~j'~i"y) , 2012.
~,-- -~~
' CUMMONW~~~~~~~~
f MarYdern n
~ meson
MEMBER, PENNSYLyANIA MBIr11 18 2015
ASSOCJATI OF NOTARIES
~~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, s/b/m/t CHASE HOME
FINANCE LLC, s/b/m/t CHASE
MANHATTAN MORTGAGE
CORORATION,
CNIL DNISION
NO.: 12-5194 Civil
Plaintiff,
vs.
GLEN L. SMITH AND
ELIZABETH M. SMITH,
Defendants.
TO: Glen L. Smith
110 South River Street
Wormleysburg, PA 17043
DATE OF NOTICE: September 28, 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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
GRENEN & BIRSIC, P.C.
FIRST CLASS MAIL, POSTAGE PREPAID
~ ~ /
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
4 tr
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, s/b/m/t CHASE HOME
FINANCE LLC, s/b/m/t CHASE
MANHATTAN MORTGAGE
CORORATION,
CIVIL DIVISION
NO.: 12-5194 Civil
Plaintiff,
vs.
GLEN L. SMITH AND
ELIZABETH M. SMITH,
Defendants.
TO: Elizabeth M. Smith
5266 Ten Road
Mechanicshurg, PA 17050
DATE OF NOTICE: September 28, 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII.ED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FII,E 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
GRENEN & BIRSIC, P.C.
FIlZST CLASS MAIL, POSTAGE PREPAID
y ~ /~' `~~
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412} 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
JPMORGAN CHASE BANK, CIVIL DIVISION
NATIONAL ASSOCIATION, s/b/m/t
CHASE HOME FINANCE LLC, s/b/m/t
CHASE MANHATTAN MORTGAGE NO.: 12-5194
CORPORATION,
Plaintiff,
vs.
GLEN L. SMITH AND
ELIZABETH M. SMITH,
Defendants.
NOTICE OF ORDER DECREE OR JUDGMENT
TO: Glen L. Smith
110 South River Street
Wormleysburg, PA 17043
( ) Plaintiff
(XX) Defendant
( )Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on 11 d`'[ I l~-
( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $112,990.49
together with interest, costs, fees, and charges collectible under the note and mortgage including
but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged
proP~Y• y,..
,~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
JPMORGAN CHASE BANK, CIVIL DIVISION
NATIONAL ASSOCIATION, s/b/m/t
CHASE HOME FINANCE LLC, s/b/m/t
CHASE MANHATTAN MORTGAGE NO.: 12-5194
CORPORATION,
Plaintiff,
vs.
GLEN L. SMITH AND
ELIZABETH M. SMITH,
Defendants.
NOTICE OF ORDER DECREE OR JUDGMENT
TO: Elizabeth M. Smith
5266 Terr Road
Mechanicsburg, FA 17050
( )Plaintiff
(XX) Defendant
( )Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $112,990.49
together with interest, costs, fees, and charges collectible under the note and mortgage including
but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged
property.
•
Deputy