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Home My WebLink About13-5617 ` For Prothonotary Use Only, ' ... prem a Co u cod rJ "r.. !Pleas c y,+ Docket No. pn ;end t County. The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules o court. Commencement of Action: N Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: JPMorgan Chase Bank, National Association s/b /m Lead Defendant's Name: Glen L. Smith C to Chase Home Finance LLC s/b /m to Chase Manhattan Mortgage T Corporation I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits 0 (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes 19 No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: McCabe, Weisberg & Conway, P.C. Check here if you have no attorney (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 ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other I O ❑ Other N MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS $ ❑ Toxic Waste ❑ Ejectment ❑Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY g ❑ Mortgage e Foreclosure: Commercial 13 Quo Warranto y ❑ Dental ❑ Partition ❑ Replevin + ❑ Legal E3 Quiet Title ❑ Other: r ❑ Medical ❑ Other: ❑ Other Professional: Updated 1 /1/2011 %ti e F. 41 C. A IL RROTHOfdO1R, "13 SEP 26 AH 10:41 CUMBERLAND COUNTY PEN NSYLVANIA McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 JPMorgan Chase Bank, National Association Cumberland County s/b /m to Chase Home Finance LLC s/b /m to Court of Common Pleas Chase Manhattan Mortgage Corporation 10790 Rancho Bernardo Road Number ,3 _ S (�L� 7 ( ?, 1/, / San Diego, CA 92127 V. Glen L. Smith 5266 Terrace Road Mechanicsburg, PA 17050 and Elizabeth M. Smith 5266 Terrace Road Mechanicsburg, PA 17050 and United States of America, c/o United States Attorney for the Middle District of Pennsylvania Federal Building 228 Walnut Street, P.O. Box 11754 1 Harrisburg, PA 17108 f�� -� �► `��•1S File # 7339 (,1 U U/ Page 1 W COMPLAINT IN MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within ex- puestas en ]as paginas siguientes, usted twenty (20) days after this complaint and tiene veinte (20) dias de plazo al partir de la notice are served, by entering a written fecha de ]a demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la corte or objections to the claims set forth against en forma escrita sus defensas o sus objeciones you. You are warned that if you fail to do so a las demandas en contra de su persona. Sea the case may proceed without you . and a avisado que si usted no se defiende, la corte judgment may be entered against you by the tomara medidas y puede continuar la demanda court without further notice for any money en contra suya sin previo aviso o notificacion. claimed in the complaint or for any other Ademas, la Corte puede decidir a favor del claim or relief requested by the plaintiff. You demandante y requiere que usted cumpla con may lose money or property or other rights todas las provisioner de esta demanda. Usted important to you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU USTED LE DEBE TOMAR ESTE DO NOT HAVE A LAWYER, GO TO OR PAPEL A SU ABOGADO TELEPHONE THE OFFICE SET FORTH INMEDIATAMENTE. SI USTED NO BELOW. THIS OFFICE CAN PROVIDE TIENE A UN ABOGADO, VA A O YOU WITH INFORMATION ABOUT TELEFONEA LA OFICINA EXPUSO HIRING A LAWYER. ABAJO. ESTA OFICINA LO PUEDE IF YOU CANNOT AFFORD TO PROPORCIONAR CON INFORMATION HIRE A LAWYER, THIS OFFICE MAY BE ACERCA DE EMPLEAR A UN ABOGADO. ABLE TO PROVIDE YOU WITH SI USTED NO PUEDE INFORMATION ABOUT AGENCIES PROPORCIONAR PARA EMPLEAR UN THAT MAY OFFER LEGAL SERVICES TO ABOGADO, ESTA OFICINA PUEDE SER ELIGIBLE PERSONS AT A REDUCED FEE CAPAZ DE PROPORCIONARLO CON OR NO FEE. INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS Cumberland County Bar Association SERVICIOS LEGALES A PERSONAS 32 South Bedford Street ELEGIBLES EN UN HONORARIO Carlisle, PA 17013 REDUCIDO NI NINGUN HONORARIO. (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 File # 73395 Page 2 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is JPMorgan Chase Bank, National Association s/b /m to Chase Home Finance LLC s/b /m to Chase Manhattan Mortgage Corporation, duly organized and doing business at the above - captioned address. 2. The Defendant is Glen L. Smith, who is a mortgagor and real owner of the mortgaged property hereinafter described, whose last -known address is 5266 Terrace Road, Mechanicsburg, PA 17050. 3. The Defendant is Elizabeth M. Smith, who is a mortgagor and real owner of the mortgaged property hereinafter described, whose last -known address is 5266 Terrace Road, Mechanicsburg, PA 17050. 4. On February 28, 2003, Glen L. Smith and Elizabeth M. Smith, mortgagors, made, executed and delivered a mortgage upon the premises hereinafter described to The Washington Savings Bank, FSB which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1798, Page 1851 (the "Mortgage "), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 5. On February 28, 2003, borrowers also executed a promissory note secured by the aforementioned mortgage. Plaintiff, directly or through an agent, is in possession ofthe note and is the holder of the note with the right to enforce it; the note is either made payable to plaintiff or has been duly endorsed. 6. The aforesaid mortgage was thereafter assigned by The Washington Savings Bank, FSB to Chase Manhattan Mortgage Corporation, by Assignment of Mortgage, executed on March 4, 2003 and recorded on October 2, 2003 in the Office of the Recorder of Cumberland County in Mortgage Book 702, Page 2083, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 7. JPMorgan Chase Bank, National Association s/b /m to Chase Home Finance LLC s/b /m to Chase Manhattan Mortgage Corporation is Plaintiff herein, through chain of succession as stated. File # 73395 Page 3 8. On March 9, 2012, the Defendant, United States of America, acquired a lien against the premises hereinafter described in the sum of $18,411.09, subordinate to the mortgagee hereinafter referred to, by reason of Federal Tax Lien, Docket Number: 12 -1703 FTL, in favor of the United States of America against Elizabeth M. Smith, and which is recorded in the Office of Prothonotary of Cumberland County, Pennsylvania. 9. Notice of this lien was filed on March 16, 2012, at the Office of the Prothonotary of Cumberland County, by the United States Department ofthe Treasury, Internal Revenue Service, Harrisburg, Pennsylvania. A true and correct copy of Notice of Federal Tax Lien is attached hereto and marked as Exhibit « „ 10. By the filing of this action, Plaintiff seeks a judicial sale of the premises hereinafter described. 11. The premises subject to said mortgage is described in the legal description attached as Exhibit "B" and is known as 5266 Terrace Road, Mechanicsburg, Pennsylvania 17050. 12. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 1, 2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 13. The following amounts are due on the mortgage as of 08/26/13: Principal Balance $ 103,417.23 Interest from March 1, 2013 through July 31, 2013 $ 2,585.45 (Plus $517.09 per month thereafter) Late Charges $ 236.11 Attorney's Fee $ 1,300.00 Escrow Advance $ 947.15 Property Inspections $ 70.00 Suspense Balance $ (644.43) GRAND TOTAL $ 107,911.51 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. Ifthe mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. File 4 73395 Page 4 14. Notice of Intention to Foreclose under Act 6 of 1974 (41 P.S. §403) was sent to Defendants by certified mail, return receipt requested as required by that Act. Notice under the Homeowner's Emergency Mortgage Assistance Act (Act 91) was not provided as the provisions of such Act are not applicable. WHEREFORE, Plaintiff demands in rem Judgment against the Defendants in the sum of $107,911.51, together with interest at the rate of $517.09 per month and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, and that the lien of the United States of America be discharged. McCABE, WEIS RG & CONW Y, P.C. BY: [ ] Terrence J. McCabe, Esquire [ Marc S. Wei erg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire Attorneys for Plaintiff File # 73395 Page 5 VERIFICATION • �U,1J�. , hereby states that he /she is Vice President 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 falsifications to authorities. o Vice President Date: JPMorgan Chase Bank, National Association, Plaintiff Borrowers: Glen L. Smith and Elizabeth M. Smith Property Address: 5266 Terrace Road, Mechanicsburg, Pennsylvania 17050 County: Cumberland Last Four Digits of Loan Number: 7744 File # 73395 Page 6 -� Exhibit A - 3756 _ Department of the Treasury - Internal Revenue Service Form 66e mc�3 . (Rev. February 2004) Notice of Federal Tax Lien Area Serial N u mber For 0 ttonal Use Recording Office WAGE & INVESTMENT AREA #1 Uen Unit Phone: (800) 829 -7650 854286512 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are Riving a notice that taxes (including Interest and penalties) i have been assessed against the following -named taxpayer. We have made c a demand for payment of this liability, but It remains unpaid. Therefore, n� -a there Is a lien In favor of the United States on alt property and rights to rn nt s•.,� i property betongMg to this taxpayer for the amount of these taxes, and s ror- additional penalties, Interest, and costs that may accrue. 3} o Name of Taxpayer ELIZABETH M SMITH Cari CD -n Residence bCZ N 4C") 5266 TERRACE RD y MECHANICSBURG, PA 17050 -6814 -< co �? IMPORTANT RELEASE INFORMATION For each assessment listed below, unless notice of the lien is reflled by the date given In column (e), this notice shall, al. 57��• on the day following such date, operate as a certificate of release as defined In IRC 6325(a). 7a ✓t��' Tax Period Date of Last Daryr for Unpaid Balance Kind of Tax Ending Idendfyling Number Assessment Reflang of Assessment a b c d e f 1040 12/31/2006 XXX -XX -4621 12/06/2010 01/05/2021 10042.01 1040 12/31/2007 XXX -XX -4621 12/06/2010 01/05/2021 8369.08 i 1 Place of Filing Prothonotary Cumberland County Total $ 18411.09 i Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI , on this, the 09th day of March 2012 i I .. Signature . Title ACS W &I 11 -00 -0000 for DEBRA K. HURST (800) 829 -7650 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rut. 71 -466, 1971 - 2 C.B. 409) Form 66B(n(c) (Rev. 2 -20041 'art 1 - Kept By Recording Office Form NO 60025X i s J -- ♦ - r Exhibit 6 The land referred to in this Commitment is described as follows: ALL 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 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 along Terrace Road, along a curve to the left having a radius of six hundred six and nineteen one - hundredths (606.19) feet, an arc distance of ninety and thirty-four one - hundredths (90.34) feet to a point; thence by same 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, Mechanicsburg, 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 degree, 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 fifty (50) feet to Lot No. 198, the place of BEGINNING. r BEING the northerly 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 AND SUBJECT, NEVERTHELESS, to building and use restrictions applicable to said premises under instruments of 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 same premises which Delma E. Layne, by Deed dated April 18, 1986 and recorded April 22, 1986 In the Office of the Recorder of Deeds in and for Cumberland County in Deed Book V -31, page 489, granted and conveyed unto Delma E. Layne and Patricia J. Layne, his wife. The said Delma E. Layne died April 4, 2001 thereby vesting sole title unto Patricia J. Layne. I Certify this to be recorde(l ,..i. ll County I ' Ill cul lu - o•' a ALTA Commitment (03036103036115} Schedule C ReCUYdC "f of Deeds 7 FORM l JPMorgan Chase Bank, National Association s /b /m to IN THE COURT OF COMMON PLEAS OF Chase Home Finance LLC s /b /m to Chase Manhattan CUMBERLAND COUNTY, PENNSYLVANIA. Mortgage Corporation Plaintiff ZZ vs. 1 9 , Civil M rn -1--� Glen L. Smith, Elizabeth M. Smith and United States � CD of America, c/o United States Attorney for the Middle <C� �,,, District of Pennsylvania C: - °y Defendants? ° --4 r_- 2� 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 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 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 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: q43-0 Date Signature of ounsel f Plaintiff) 73395 Page 1 ' 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 Please provide the following information to the best of your knowledge: CUSTOM ER/PRIMARY APPLICANT 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: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on 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 Payment 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. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 " Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care /Tuft. I 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: 2 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 deliquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: 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 obiligation to use the 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: Proof of income Past 2 bank statements r Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 McCABE,WEISBERG& CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID#17616 1.4 E i U• EDWARD D. CONWAY,ESQUIRE -ID#34687 .,i P itOTHUNO TJ.t: MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 2)13 OCT -9 AM I I: 29 HEIDI R. SPIVAK,ESQUIRE-ID#74770t �9BERL��jj� COUNTY MARISA J. COHEN,ESQUIRE-ID#87830 PEhRL t" CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 JPMorgan Chase Bank,National Association Cumberland County s/b/m to Chase Home Finance LLC s/b/m to Court of Common Pleas Chase Manhattan Mortgage Corporation Plaintiff Number 13-5617 v. Glen L. Smith,Elizabeth M. Smith and United States of America, c/o United States Attorney for the Middle District of Pennsylvania Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortga - .rectos re in th- . .ov- . .tinned matter. MICA I ',WEISBER ► i44 pO AY,P BY: [ ]Terrence J. ► /abe, „g ' [ ]Marc :. Weisberg,Esq. [ ]Edward P.Conwa , sq. [ ] . garet Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen, Esq. [ ]Christine L.Graham,Esq. [ ] Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. Joseph F.Riga,Esq. [ ] Joseph I.Foley,Esq. ]Celine P.DerKrikorian,Esq. Attorneys for Plaintiff ti11,7 9d Ili/ (� a Ck4 "x'99 Rib aqub, P-RO1 ONO lfpil�..i. 2 I 3 OCT 25 AM I I: 00 °OBERLANO COUNTY PENNSYLVANIA McCABE, WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID# 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID #28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 JPMorgan Chase Bank,National Association s/b/m to Cumberland County Chase Home Finance LLC s/b/m to Chase Manhattan Court of Common Pleas Mortgage Corporation Plaintiff Number 13-5617 v. United States of America,c/o United States Attorney for the Middle District of Pennsylvania,Glen L. Smith and Elizabeth M. Smith Defendants AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within action,being duly sworn according to law, deposes and says that on October 15, 2013, a true and correct copy of the Complaint in Mortgage Foreclosure was served by United States certified mail,return receipt requested,upon the following: The United States of America The Honorable Eric H. Holder Attorney General of the United States United States Department of Justice 10th and Constitution Avenues Northwest, Room 4400 Washington, DC 20530 A true and correct copy of the letter and signed green card, article number 7013 0600 0002 2969 5770, is attached hereto, made a part hereof, and marked Exhibit "A". McCABE,WEISBERGGAND CONWAY,P.C. SWORN AND SUBSCRIBED BY: , il " `-'"/( [ ] Terrence J.McCabe,Esq. Iarc S.Weisberg,Esq. BEFORE ME THIS M DAY [ ]Edward D.Conway,Esq. [ ] Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. OF , 2013 [ ]Marisa J.Cohen,Esq. [ ] Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. et [ ]Joseph F.Riga,Esq. [ ] Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. NOTARY PUBLIC Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ELIZABETH PHILLIPS,Notary Public City of Philadelphia,Phila.County My Commission Expires June 18,2017 •,a O O, IH 3H1 W.3d 013AN3 j0 � CAM` V3ck 5.. SENDER: COMPLETE:THIE SE::TION ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. . Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. s v address different from item 1? ❑Yes 1. Article Addressed to: If Y en a elivery address below: ❑No The United States of America XT 1 5 2013 Attorney General of The United States United States Department of Justice 10°i and Constitution Avenues Northwest,RM.4400 Washington,D.C.20530 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Numbly. ; ;; :; 7 Q 1 Q 6 QP Ei p3Q 4 i9 b 9 i .770 (Transfer fibrri aareliti rabei) PS Form 3811,.,February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT A LAW OFFICES McCABE,WEISBERG& CONWAY,P.C. 8t1ITE 210 SUITE 1400 SUITE 303 145 HUGUENOT STREET 216 HADDON AVENUE NEW ROCHELLE,NY 10801 123 SOUTH BROAD STREET WESTMONT,NJ 08108 (914)-636-8900 PHILADELPHIA,PA 19109 (856)858-7080 FAX(914)636-8901 (215)790-1010 FAX(856)858-7020 FAX(215)790-1274 SUITE 202 SUITE 100 4021 UNIVERSITY DRIVE 30 BUXTON FARMS ROAD FAIRFAX,VA 22030 STAMFORD,CT 06905 (866)656-0379 (203)992-8200 FAX(301)490-1568 FAX(855)425-1979 SUITE 800 October 8,2013 SUITE 130 312 MARSHALL AVENUE DELAWARE CORPORATE CENTER I LAUREL,MD 20707 ONE RIGHTER PARKWAY (301)490-3361 WILMINGTON,DELAWARE 19803 FAX(301)490-1568 (302)409-3520 Also servicing the District of Columbia FAX 855-425-1980 The United States of America Attorney General of The United States United States Department of Justice 10th and Constitution Avenues Northwest,RM.4400 Washington,D.C.20530 RE: JPMorgan Chase Bank,National Association s/b/m to Chase Home Finance LLC s/b/m to Chase Manhattan Mortgage Corporation v.Glen L. Smith,Elizabeth M. Smith and United States of America,c/o United States Attorney for the Middle District of Pennsylvania Premises: 5266 Terrace Road,Mechanicsburg,Pennsylvania 17050 Dear Eric H. Holder,Attorney General of the United States: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure,the original of which has been filed against you in regard to the above-captioned matter. Very truly yours, Nolan Serowatka Legal Assistant for McCabe,Weisberg and Conway,P.C. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7013 0600 0002 2969 5770 RETURN RECEIPT REQUESTED This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith -> Chief Deputy Richard W Stewart Solicitor OPFCEOPTHE p� �y y,, .,I'I�w'4 JPMorgan Chase Bank, N.A. Case Number vs. 2013-5617 Glen Leroy Smith, Jr(et al.) SHERIFF'S RETURN OF SERVICE 09/30/2013 05:38 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Elizabeth M Smith at 5266 Terrace Road, Hampden Township, Mechanicsb g PA 17050. AWN GUTSHALL, DEPUTY 10/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: United States of America, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 10/10/2013 04:19 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Melinda Krahulec- Fiance ,who accepted as "Adult Person in Charge"for Glen Leroy Smith, Jr at 320 S Fredrick St, Apt 2 Rear, Mechanicsburg, PA 17055. BRIAN GRZYB K , TY 10/16/2013 08:28 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Laurie Reiley,Victim Witness Specialist,who accepted for United States of America, at 228 Walnut Street, Suite 220, Federal Building, Harrisburg, PA 17108. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $102.90 SO ANSWERS, 6� ~7 October 18, 2013 RON R ANDERSON, SHERIFF flcn.Coun!ySu!.:e Sheriff,Te'.eoW: ,.... Shelley Ruhl Jack Duignan Real Esta e Deputy Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff JPMORGAN CHASE BANK,NATIONAL Commonwealth of Pennsylvania ASSOCIATION S/B/M TO CHASE HOME FINANCE LLC, ET AL VS County of Dauphin UNITED STATES OF AMERICA Sheriffs Return No. 2013-T-2754 OTHER COUNTY NO. 2013-5617 And now: OCTOBER 16, 2013 at 8:28:00 AM served the within REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE upon UNITED STATES OF AMERICA by personally handing to LAURIE REILEY * 1 true attested copy of the original REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at FEDERAL BLDG, 228 WALNUT STREET, SUITE 220 HARRISBURG PA 17108 * VICTIM WITNESS SPECIALIST Sworn and subscribed to So Answers, before me this 17TH day of October, 2013eAlc— Sheriff auphin County, Pa. By COMMONWEALTH OF PENNSYLVANIA Depu Sheriff NOTARIAL SEAL Depu JEREMY KABLE Karen M.Hoffman,NotL blic City of Harrisburg,Daupunty Sheriffs Costs: $41.25 10/15/2013 M Commission Expires Au 7,2014 NO- C- McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMorgan Chase Bank,National Association s/b/m CUMBERLAND COUNTY to Chase Horne Finance LLC s/b/m to Chase COURT OF COMMON PLEAS F Manhattan Mortgage Corporation `o Plaintiff No. 2013-05617 V/�. Wyryr v. c 1 +, 7 United States of America, c/o United States -M '_- Attorney for the Middle District of Pennsylvania, Glen L. Smith and Elizabeth M. Smith Defendants PRAECIPE TO THE PROTHONOTARY: ❑ Please 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: ) !c /f ( McCABE,WEISBERG AND CONWAY,P.C. BY: 2/1/f e (-C.,- �[ ] Terrence McCabe,Esquire [,..-11Iarc S.Wittsberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ]Christine L. Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMorgan Chase Bank,National Association s/b/m to CUMBERLAND COUNTY Chase Home Finance LLC s/b/m to Chase Manhattan COURT OF COMMON PLEAS Mortgage Corporation Plaintiff No.2013-05617 v. United States of America,do United States Attorney for the Middle District of Pennsylvania,Glen L. Smith and Elizabeth M. Smith Defendants CERTIFICATE OF SERVICE The undersigned Attorney for Plaintiff,hereby certifies that a true and correct copy of the within Praecipe was served on the below persons by regular first class mail,postage prepaid,on the day of December,2013. United States of America,c/o United States Attorney Elizabeth M. Smith for the Middle District of Pennsylvania 5266 Terrace Road Federal Building Mechanicsburg,Pennsylvania 17050 228 Walnut Street,P.O. Box 11754 Harrisburg,Pennsylvania 17108 Glen L. Smith 5266 Terrace Road Mechanicsburg,Pennsylvania 17050 t1-16- McCABE,DATE: WEISBERG AND CONWAY,P.C. / 3 BY: %ef�L._C,Y [ ] Terrence J. cCabe,Esquire [- arc S.Weisberg,Esquire [ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ] Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff