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Home My WebLink About13-3558 Supreme Court -of Pennsylvania Court of C,ommo<n;Pleas J �/ , �. } For Prothonotary Use Only: CUMBE .Giv><1xCoveSr, �heet R�.�:A DD * County Docket No: y. 3,3 z5s � The information collected on this form is used solely for court administration purposes. This form does not su lenient or rep lace the filing and service o leadin s or other papers as req uired b law or rules o court. Commencement of Action: S 0 Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: JPMORGAN CHASE BANK, Lead Defendant's Name: JONATHAN S. HAMILTON N.A., S /B/M CHASE HOME FINANCE LLC, S /B/M TO T CHASE MANHATTAN MORTGAGE CORPORATION I Are money damages requested? El Yes ❑D No Dollar Amount Requested: El within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: PmR.CP. 205.5 Updated 01 /01/2011 c. G ter O ) X �� O T , PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 161.7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 JPMORGAN CHASE BANK, N.A., S/B/M CHASE HOME FINANCE LLC, COURT OF COMMON PLEAS SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 TERM Plaintiff NO. i 3ss� tv� V. CUMBERLAND COUNTY JONATHAN S. HAMILTON 116 SGRIGNOLI LANE ENOLA, PA 17025 -2952 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE C a t1�3 ?S uu� � File #: 321001 ' f / �/ ?) 0 V 1. Plaintiff is JPMORGAN CHASE BANK, N.A., SB/M CHASE HOME FINANCE LLC, S /B /M TO CHASE MANHATTAN MORTGAGE CORPORATION 1111 POLARIS PARKWAY COLUMBUS, OH 43240 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 CHASE MANHATTAN MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds 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 12/01/2012 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 #: 321001 6. The following amounts are due on the mortgage as of 05/21/2013: Principal Balance $174,711.24 Interest $3,494.22 11/01/2012 through 04/30/2013 Late Charges $151.32 Property Inspections $149.00 Appraisal/Brokers Price Opinion $250.00 Escrow Advance $778.02 TOTAL $179,533.80 7. 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 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 321001 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $179,533.80, 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, LLP By . John D. Krohn, q., Id. No.312244 Attorney for Plaintiff Fite #: 321001 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 (Plan No. 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' 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' 55' 14" a radius of 200.00', an arc length of 76.52', and a chord of 76.05' bering North 84° 34' 40" West, to a point; thence leaving Sgrignoli Lane and following along Lot 11 of the above reference Jarlin Farm Subdivision, North 08° 40' 23" West, 85.88' 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' 19' 37" East, 156.24' to a point; thence along Lot 13 in Phase 2 of the above reference Jarlin Farm subdivision, South 29° 38' 05" West, 133.05' 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 #: 321001 Pennsylvania Verification STEFAN HEARST , hereby states that6ieshe is Vice President of JPMorgan 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 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. as✓ STEFA HEARST Vice President Date: 06/05/13 JPMorgan Chase Bank, N.A Borrower: JONATHAN S. HAMILTON Property Address: 116 SGRIGNOLI LANE, ENOLA, PA 17025 County: CUMBERLAND Last .Four of Loan Number: 9170 FORM 1 IN THE COURT OF COMMON PLEAS ca JPMORGAN BANK, N.A., SB/M CHASE OF CUMBERLAND COUNTY, PENNSYtVA%A HOME FINANCE LLC, SB/M TO CHASE u-r MANHATTAN MORTGAGE CORPORATION c-- Plaintiff(s) r Ln vs. y + JONATHAN S. HAMILTON f C U rj C Defendant(s) / � ✓Civi1 y y 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 forclosure 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) 2439400 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, wlich 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 attemptto 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 hwyer 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. Ifyou 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. Respectfully submitted: Date John D. Zohn, Esq., Id. No.312244 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: CUSTOM 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: State: -- Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: , Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: 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. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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 Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone 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 ❑ 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): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION 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) 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 #: 321001 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson —tL,t 11., U Sheriff L -I ," if,fit CwNbot, I.- T 11^ PIR 0 I'P.0?10 [A1"4'f Jody S Smith Chief Deputy 2013 JUL 10 AM 9: 4 9 Richard W Stewart Solicitor OFFICE OF FT CUMBERLAND COUNTY PENNSYLVANIA JPMorgan Chase Bank, N.A. Case Number vs. Jonathan S. Hamilton 2013-3558 SHERIFF'S RETURN OF SERVICE 0710112013 07:24 PM-Deputy Shawn Harrison, being duly sworn according to law, served the/r- nested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in MWtgage or by "personally"handing a true copy to a person representing themselves t ... e efe dant, to wit: Jonathan S. Hamilton at 116 Sgrignoli Lane, East Pennsboro Township, o , A 1 025. SHVM HARRISON, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, July 05, 2013 RbNO FANDERSON, SHERIFF (r)CountySuite Sheriff,Toleosoft Inc. �.i THE PROTHONOTARY 2013 WG 13 AM 10: 58 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103- 215-563-7000 JP MORGAN CHASE BANK, N.A., S/B/M Court of Common Pleas CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE Civil Division CORPORATION Plaintiff CUMBERLAND County vs No. 13-3558 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. ❑Please Vacate the Judgment entered. Date:_� 1 PHELAN HALLINAN,LLP By:. Jo ban I b,Esq.,Id.No.312174 Attorney for Plaintiff PH#814759 4 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1.400 One Penn Center Plaza Philadelphia,PA 191.03 21.5-563-7000 JP MORGAN CHASE BANK, N.A., SB/M Court of Common Pleas CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County JONATHAN S. HAMILTON No. 13-3558 Defendant PH#814759 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: 'Z PHELAN HALLINAN,LLP By: Jonat an Lobb,Esq.,Id.No.312174 Attorney for Plaintiff