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HomeMy WebLinkAbout05-2669 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA CHASE HOME FINANCE, LLC, slblmlt CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. ANDREW E. REDMOND and JENNIFERL. VVILL,anda JENNIFER L. REDMOND, Defendants. TO DEFENDANT You afe hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF /r} 'U! J' )"1 /L ;, ' '. / t\;'" ,j ^-L ,U'-/~.C"~ A TTO EY FOR PLAINTlFF I HEREBY CERTIFY THAT TIfE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 432 I 9 AND TIfE DEFENDANTS IS: 124 South Second Street Wormleysburg, PA 17043 ,jC.7-'-M,-./..0{ a.Lti.Jrl_) A TTtJRNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT TIfE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 124 South Second Street. Borough ofWormlevsburg (CITY, BORO, TOWNSHIP) (WARD) of (J,{ \lU fC}'rL UL ( 1.1'",- ATTOIwEY FOR PLAINTIFF CNIL DNISION NO.: ci5'.. ;2~t; l' Cau-! TYPE OF PLEADING CNIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: Chase Home Finance, LLC, slblmlt Chase ManhattaIl Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. J.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, slb/mlt CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION NO.: Plaintiff, vs. ANDREW E. REDMOND and JENNIFER L. WILL, a!k/a JENNIFER 1. REDMOND, Defendants. NOTICE TO DEFEND 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 MAYBE 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 2 LIBERTY AVENUE CARLISLE, P A 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, slb/mlt CHASE MANHATTAN MORTGAGE CORPORATION, CNIL DNISION Plaintiff, r;;;) ~ NO.: 05"' ,:{ (Pt 1 vs. ANDREW E. REDMOND and JENNIFERL. VVILL,anda JENNIFER L. REDMOND, Defendants. CNIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Home Finance, LLC, slb/mlt Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Home Finance, LLC, slb/mlt Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Andrew E. Redmond and Jennifer L. Will, anda Jennifer L. Redmond, are individuals whose last known address is 124 South Second Street, Wormleysburg, Pennsylvania 17043. 3. On or about April 24, 1998, Defendants executed a Note in favor of 1st Preference Mortgage Corporation ("I st Preference") in the original principal amount of $93,507.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about April 24, 1998, as security for payment of the aforesaid Note, Defendants made, executed and delivered to 1" Preference a Mortgage in the original principal amount of$93,507.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 29, 1998 in Mortgage Book Volume 1449, Page 383. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. 1" Preference assigned the aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage, recorded in the office of the Recorder of Deeds of Cumberland County on Apri129, 1998 at Mortgage Book Volume 575, Page 113. 6. Defendants are the record and real owners ofthe aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the February I, 2005 payment. 8. Plaintiff was not required to send Defendants written notice pursuant to 35 P.S. 91680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II ofthe National Housing Act (12 U.S.C. 9~ 1707-1715z-18). 9. Plaintiff was not required to send Defendants written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. ~403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. ~101 and Defendants are not "residential mortgage debtors" as defined in 41 P.S. ~101. 10. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest to 5/12/05 Late Charges to 5/12/05 Escrow Deficiency to 5/12/05 Corporate Advances Attorneys' Fees Title Search, Foreclosure and Execution Costs TOTAL $86,302.90 $ 2,340.36 $ 163.13 $ 6.97 $ 25.00 $ 1,250.00 $ 2.500.00 $92,588.36 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of$92,588.36 with interest thereon at the rate of$17.73 per diem from May 12,2005, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premIses. GRENEN & BIRSIC, P.C. /~!.<2UJ"-{h( /0 '_I j..( ; BY: !.'''-L._^' 'j I"--" Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~, .s , . . . . NOTE S "77~~ FHA CASE NO. 441-5675577 April 24( 199B lDoe 124 SOUTH 2ND STREET, 1I0RMLEYSBURCl., Pennsylvania 17043 [Property AGCDelll I. PARTIJlS "Borrower" tnCtu:lll each person signing at the cnd of tfus Note, and the person's SUCCCSSOJ'S and asugns. "LeDder" means 1st preference Mortgage Corporation and its successors and ass1g11S. z. BORROWER'S PROMISE TO PAY; INTEREST In nwmfor a loan rtccivedfroro L.ender.Borrowef pronu5t$ top.y the principal sum of Ninety Three Thousand Five Hundred seven and nO/100ths DoUan (U.s. S 93, 507 .00 ), plus mtele$l., to the ordc:rofLead<<. lZllerc:st will be charged on unpaid principal, frOOl tbe date of disbursement of the loan proceeds by Lender I al the rare of seven and one half percent ( 7.500 %) per )'carunti! the full amount o(pnncipalhas bcenpaid. 3. PROMISE TO PAY SECURI!D BonoWOJ"s promise to pay is secured by a mortgage, deed of trust. or similusccuritYlllsttUmCQ( tl1at is dated the same date as tlus Note and called the "Security Instrument." The Security Inaaument protects (he Lender from losses which JIUBht result IfBonowcr defaults under this Note. 4. MANNEROFPAYMENT (A) Time BOlI'Owcr shall make a payment of principti and mterest 10 Lender on the rust day of each month beglllniag on June 1, 1998 . An,principal.ndinleresUemainingOl1therusldayo( May, 2028 will be due on that date, which is called the "Maturity Da~: (8) PI... Paymcnlshallbcma<lcat 9309 Belair Road Baltimore, MD 21236 or al such other place as Lender may desllJDatc In writing by noticcto Borrower. (C) AmoUDl Each montblypaymcDt ofpincipal and Intcre&twill bcin the amount of U.s. $ 653.81 . This alDount will be part of . laraer monthly payment required by the Security Ill$UumcIH, thai shall be applied to pnncipal, interest and other itema in the order descnbed in the Security rnstromenr. MUL11STATE FHA FIXED KA. TE NOTE .... OAE.\Ti.ANO. TaOrll"ClJI1-lOO-63lH3I3Chd,l-nn-1131 1TEt.ltolaZ.1(11Deffl (POI' J '" J pag.1} " . . . . (D) AUong. to this Note lor hymenl Adjuslmeo" If an allonge: providing for payment adjustments is c:xecuted by Borrower together with this Note. the COVenants of Ihc allonge &hall be: incmporated mlo and shall amend aDd suppJemt.1lt the covenants of this Note as if the allonge were a part of this Note. (Chctt apphcabJe box.) D Growing Equity Allonge 0 Graduated Payment Allonge o Other [specify] 5. BORROWER'S IUGBT TO PJlEFA Y Borrower has the nghrlo pay thedebl evidenudby this Note, in wboleor in part, without charge orpenalty,onlhe firs. day of any month. Lender shall accept prepayment on other days provided that Bonower pays interest on the amount prepaid (or lite remamderof the month to the extent required by lender and pc::mutted by regulations of me Secretary. IfBOlTOWCI'" makes a par1iaJ prepayment, there wlIl be 110 changes in the due date or in the amount of lhc monthly payment U1IIesa: Leader agrcea in writing to thOl5C changes. 6. BORROWER'S FAILURE TO FAY (A) Late Cbal'lt for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument I as described in ParagraJil4(C) of this Note. by the end of fifteen calendu days after 1hc payment is due, Lender may collect a late charge m the amown of four percent ( 4.00 %) of the overdue amount ofcachpayment. (8) Delaoll If Borrower defaults by faibng to pay in full any monthly payment. then Lender may, except as limited by ",guJatJoDS of the Secretary in the case of payment defaults, reqUire immediate payment in full of the principal belirlcc remainingduc and all accrued blterest. Lender may choose not to exercise this optiorJ: without waiving its rights in the event of any sub&cquent default. In many circumstances regulations issued by the Seaelarywill hmit Lender's rights to require immc:dul1e pa)'lDCll.t m full in the case of peymcnt defaults. Th.i$ N()le doea not authorize acceleration when not permitted by HOD regulatiOllL AI ulltd in this Note, -Secrclary" means the Secretary of Housing and Urban Development or his or her dcslgnee. (C) Payme>>totCostsaDdEs:peIlSflS If Lender has required immediate payment in full. 8$ dcscribed'above, Lender may require Borrower to pey COISt5 .Dd eXpenses includ:1ng reasonable and customary anorneys' feesfor enforcing this Note to the c:xtenl not prohibiICd by applicable law. Such fees and costs shall bear interest from the date ofdisbttr9cmeot at !he same tale as the principal oftbis Note. 7. WAIVERS Borrower and any orher person who has obligations under this Note waive the righa of pIUCntmcnt and notice of disholWr. "Pre.senlmeJlt" means the nght to ~qulJ'C Lender to demand payment of amounts due. "Notice of dishonor" means the nBhJ 10 require Lender to give notice to ClIher persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method. &lIy rwtice thai mUSl be given to Borrower under this Note wl be given by delivering it or by mailing rt by (ust class mail 10 Bonower at the property address above or at a different addreas if Borrower has given Lender a notree of Bonnwcr's different address. Any notice: thai must be given to Lender UIldct this Note will be given by first class mail to Lender at the addrcsa slated III Paragraph 4(B) or at a different address if BorroWer is given a notice of that differeut address. 9. OBLIGATIONS OF PERSONS UNDER TIDS NOTE If more than one person Signs this Note, each person [s fully and p::r.5ODa1Jy obJi8ated to keep all of the promises made III tbis Note.lncludillg the promise to pay the full ID10UllI owed. ADy person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any pt.n>On who takes over theat obligations, tncludtng the obUgauOll.s of a guarantor, surety or endorser of thisNotc. is also obligated to keep all of the promiscs made III this Note. Lender may enforu its rights under Ihi..Note against each penon individually or against .U signatoriestogc:ther. Anyone person lignina this NQ(c may be required to pay all of the amounts owed under this Note. ITEM M3aL2 \IIDIAI ............... Ta~CIII 1.IOD-UMSt50""II.?IH131 IPogI12D/3paB'" I,. . . . . . BY SIGNING BElOW, lJonower accepts and agrees to the terms and covenantscontaiDed in pages 1 through 3 of this Nme. . ()J uJ . (Se~) -Bonower ANDREW E. REDMOND ~~~ ~mun~ -(Seti) JE IFER . DMOND .!lGm>wu (Se~) ........., (Se~) ._, (S.~) .BotroIII~r (Se~) ......... {Sign Original Onlyj 'l.T J 1\ , Pay to the Order or " Without Recourse eh~'~ III hllttlln Mortgage Corp ~~a~1 .ljIEVEt-ISON/ASH S CR5TARV , PAY TO THE ORDER OF. CHAoSI!' "'''''HArrA''' ^"C>Rn~'" col'lil"o~TION WITHOUT RECOURSE :JJIr,.~C~O:J"'E CORPORATION WM.S~~RfS'DENT lTE'" eGa.3lM01RJ (PDltJtfl/NJ1es) .R""'..... TO_Ie.! 1~...3lI30~&lel..71\.1131 . . . . NAME AFFIDAVIT Date. April 24, 1998 This is to certify that ANDREW E. REDMOND and 1\NIJREW EUGENE REDMOND. ANDREW REDMOND person, ANDREW E. REDMOND is one and the same being the correct name for the purpose of this transaction. ANDREWtI!iio1t ~rtgagor State of Pennsylvania County of DAUPHIN Subscribed and sworn to before me in my jurisdiction on this 24th day of April 1998. My commission Expires: Nota~7C7h;" NalanlN Seal Nancy J ~n. Nola!)' ~ wa"'ngllln T." , """""'" _nlY, I My I;om/mlJSICln E~re' May 21.200 Membe1,Pe.nnsytvlnlaA$SOCllIlKlnOfNotI!1llS e. . . NAME AFFIDAVIT Date. April 24, 1998 This is to certify that JENNIFER L. REDMOND and JENNIFER L. WILL. JENNIFER REDMOND person, JENNIFER L. REDMOND correct name for the purpose of this transaction. is one and the same being the Rui. State of pennsylvania County of DAUPHIN Subscribed and sworn to before me in my jurisdiction on this 24th day of April 1998. My Commission Expires. Not:::&9/r Notanal seal N_ J uoon. Nolary p- WashIngton Twp , Dauphln CountY My Comll'dllOn Expires Mey 21, 2001 Member, Pennsytvanll Assocratron of NOUries /JtJ~IJ'~ .Jt ,-\0009 1:\~<10 ~<1 : ~:::f,j p :i:'~L!:R I~ 31.) t~ /50 7 !!:t/@ I;J H5'i Dtf 1" : "0; uft' OF DU.OS Mc,'ll:.t1D COliNn ~i". '98 APtl29 AI'I10 07 Parcel Nun1ber: 47201858141 ISplU'e Abort Tbb Un' For Rfto,dlll' O,t_1 COUI1IUllIw('ullb ur J'rJ1l1syJvonla MORTGAGE I FHA C'K No. 441-5675577 THIS MORTGAGB (-Security lnslrumcnl-) is BIven on April 24, 1998 . The MOrlgalOt is Mdrew E. Redrcnd and Jennifer Li Redrcnd Husband and Wife ~ which is ar&Dnized and c~j5lilll under the: laws or 'lbe state Of Marylarrl , and w~ ~ ~ address is 9309 Belair Road, Baltinore, 101) 21236 '\.~ (-Lender"). borrower owe" Lender the principal $Urn or~ Ninety Three'lbJusand Five /IUIldred Seven and no/100the DolJ.,,(U.S.$93,507.00 ). ~ This debt is evidenced by Borrower's note daled the SDnte: date IS this Seturit)' Inslrun\enl (-Nolel. which provides ror monthly payments, will1 the full debt. if not paid earlier. due.nd payable on May 01 2028 . This Sceurlt)' Ins'rutllent secures (0 Lender: (8) rbe ~pa)'mcnJ or the debt evidenCed by I' Note. with Inlerest. and all renewals. ulensions and l1lodilicnlions: (b) rhe payment of aU olher sums. with interest, advanced under paragraph 6 10 protect the security of Ihis Security InstrUmenl: and (e) the pcrfonllance of Borrower's CtIvenants and agreemenls under this Security Inslrul11cnt and the: Hole. Por Ibis purpose, Borrower docs hereby mortgage, Branl and convey to Lender the rollowin. described proper1y )(,cnled in DaUIi'dn County. Pennsylvania: ("Borrower"). This StcurilY Instrutnent is given 10 1st Preference lobrtgaqe CorpJratioo See SChedule A attached hereto and II'ade a part hereof. which hDllhe address of 124 South 2nd street, W:mnleysburg Pe:nnsylvllnilt 17043 IlJpCodtJ ("Property Address.); FIlA J'enJU)h.n" Alurl'lIt. 519$ _ -2004RIPAj _Oil _'''''~'C1f1''''~lOOln17U\ hilt''''. 1lIlt..... ".I I'I-lnI..._""c...."- Bood449tAGt 383 ISllCd.Cltyl. IIII~~ IIIII ~II~IIIIIIIIIIII C ~()1(OBt2C8 - . . TOOETH ER WITH all the improve-menu now or hereaner erected on Ihe property. and afl cuscmcnCs. rights. appurlcnanccs, rellls, royallit's, mineral. 011 and ps nghls and profits, water rights and slock and all fil{(ures now or ',creafter II part of lhe properlY. All replaccn\Clts and additions shall pl50 be tOycrclJ by Ibis Security Inslrument. All or the foregoing is referred 10 inlhis Sccurily Instrument as 'be "Prop~rty:' BORROWER COVENANTS Ihol Borrower is law(ully seised of the estale hereby conveyed and has the rigblto mortPlc, granl and tDnvcy the Property amll1lal the Property is unencumbered. eAcept for cncumbnmccs of record. Borrower worr'lnls and will ddcnd generally the lille to Un: Propcny agaillsl all claim' and demands, subject to any encumbrances of record. I. Payanrnt or Principal, Inlerest and laic Charge. Borrower shall PlY when due the principal of, and intertst on, the debt evidenced by the NOIC' and lale challes due under the Nole: ' 2. Monfhly !)aymcnl of Tu.cs, InSllnmcl: and OlllCf Charges. Borrower shall Include in each monlhly payment. logether wilh lhc principal and inlcreSi\ as sd farth inlhe NOle and any lale cballes. a sum (or (a) faxes and .special assessmenU levied or to be levied againSiI Ihe ProperlY, (b) Icasehold paYlnenls or ground ~nU on Ihe Property. and (e) prclniulPs for illsunulCe required under pnrngrnph 4. In any year in whicb Che Lender /Rust pay a mortgage insurance premium 00 lhe: Sec~tary of HOUlinS IInd Urban Development ("Secretary.), or in any year in which such premiull1 would have been required if Lender slill held tbe: SecurilY Instrument, elK'h mOIl,ldy pa)'ment .mall also Include either: (i) a sum for Ibe annual mart gale insurance prcllliulIIlo be paid by Lender 10 the Sec~lat)l. or (ii) a lIIonlhly Charge lnslcad of D mortgagc insurance premium if Ihis Securily Instrument is heW by I~e ~crellly. in II reasonable amount la be determined by Ihe Stcrellry. EJ.ce:pt for chc Illondlly dlargc by 'lu: Sec~lary. tJlCSC hems arc called -Escrow Ilclns- and Ihe sums paid 10 Lender are caUed -Escrow Funds.. Lender 11m)'. at an)' time. collect and hold alllounts for Estrow llel1\S in an aurelace a!nount not to exceed Ibe maximum 8mount thllt lUll)' be required for Borrower', escrow IIccuunt undcr Ihe Real Cslale Seltlement Procedures AC1 of 1914. 12 U.S.C. Scclhln 2601 et _fNI' lint! lnlplel1lellling regulations. 24 CFR Pun 3'00. as 11~ m8)' be alllCndtd from time to time (-RESPA"), cxccpllhat 1111: cushion' or reserve pcnniued by RESPA (or ulWllicipblcd dUbuf1Cl1Ienls or disbursements beron: the 8orrower', PIlYlllcllls lire DYUillIbit in the aCOOlml may nol be bJlKd on amounts due for Ihe 1110rlPCe Insurance premium. If the amollnts held by Lender for Escrow Items eActed tbe IImounts pcnl1iUed to be: heid by RESPA. lender shall dent with Ihe CAC'C1S funds 01 required by RESPA. If the alllounts of funds held by Lender al an)' lime IIrc not surtkienC Co pay dle Escrow Jlcms when due. Lender 1111I)' nolif)' thc Borrower and rtquirc Borrowcr 10 make up the shortage or deficiency Jl$ pcnuiUcd b)' RESPA. TIlt Escrow Funds are pledged as addlliollal securit)' for all sums secured by Ihb Securil)' hlSlrumenl. If Borrower lenden 10 Lender the full phYlUellt of all such sums. Barrower"s account sllIdJ be crediled with the balance !'tmaining for all instlllhncnl Items (II), (b), .nd (c) and .ny mortgage insul1lrK.'C pl"ellliuh1 installment Ihal t.cnder has not btconlt obllBalc:tIlO pay 10 the Secretlu)'. and Lender sf",lIlproUlplly refund lIlI)' CJlteS! funds 10 BorroWer, Immedialely prior to a fol'Cclosul'C sale of the: Properly 01' its Ik.-quh:irion by Lender. Borrower's accoul\l shall be credited with any balance remaining fot al1 inSlaUllltnfS (or items (aJ. (b), and (c). . 3. Apllllcatiun ur PaYlIltllls. All paymcnls under pllragraphs I .,,"2 shaU be applied by Lender as follows: ~~~t. to the mortgage insurllllL'C prchliullI Co be paid by Lender 10 the Secretary or lu the OIonlhl)' charge by tilt Secrelal)' instead of Ihe mOlllhly nlOrtgllge insurance premium; Secolld. to aoy Cues. special asSClWlltlllS, le4lSeholll paYl11enlli or ground renls, and fire. flood and other hlll.lrd insurance prel11iums:-as required: Third, 10 inlerest due under the Note: FOlInh. to amortizallon of the principal of tilt Note: !:!~. 10 lale charscs due under the NOle. ~ _-2004fUPAI '..2". BOOK 1449 'rlGE 384 . . 4. 'Fire. Flood alld Olber Hazaro Insurance. Borrower shall insure all improvcmems on (he Property, wlldhtr now in CJlistcncc or subsequenll)' eltded. against any hazards. casualties, and c:onlingcncics. including lire. tor which Lender requires insurance. This insuranct: shall be maintained in the amounts and ror Ihe periods thlr Lender requlrrs. BorrDw~r shall also Insure aU hnprOytlllCldS on the Property, wllelber IIDW in cxistcua: or subsequently erected. apinslloss by noods to the exlell' requited by the Secretary. All in,c;urancc shall be carried wllh companies approved by l.endCl. The insurance polities anti any renewals shall be held by LCnder and shall include loss pnyllblc c1uuses ;/1 favor of, and in a form acceptable 10, lender. In the event of loss. Borrower shall give lender immediale notice by mail. ~ndcr may make proof of loss if nol made promptly by Borrower. Eaclllflsllrance company concerned \1 bereby authorized and direcled 10 make payment: for sudl loss directly '0 lender, Instead of 10 Borrower and 10 lender jointly. All or any part of the insururce proceeds Alay be appUed by Under. ar its option. eilJler (a) 10 tht reduction of the 'indebtedness under the NoIe and Ibb SccuriCy Instrllment, firsl to any dclinqlKllt alUounls applied in the order In plraanph 3, and Ihen 10 prcpaymtnt of principal, Or (b) to the reslQlalion or repair of Ihe danUlicd Property. AllY applicalion of the proceeds 10 Ihe principII sh.I, not extend Of postpone Ihe due dale of IlIe ll10nlbJy payments which .re rderkd to in paragraph '2, or change Ihe 1lf1l0unt of such payments. AllY e"cclS insurance proceeds over an OIlIOUI1I required to pay .11 outslanding indebtedness under Ihe Nme and Jlds Security Instrument shaU be paid 10 the entity le&ally endUed lheldo, III the event of foreclosure or Ihis Sccurity Instrument or other trander of lille 10 the Property Ihal extinguishes the hl()ebtedness, all right. tide and inlerell of Borrower in and to insu~nce polieiq in force shall palS 10 tbe pUrcbber. S. Occupancy. Preservation; Malmenance and Prolectlol1 or the ProperlY. Borrower's Loan AppJJcalJoJl; LeasmoJds. Borrower shall occupy, establ1sh, and use Ihe Properly ll$ Sorrcnver's principal residence willdn Si;lIY days afier the eucuJion of Ihis Security Instrument and shan colllinue to occupy the Propc:l1y as Borrower's principal residence for at least one year after Ihe dale of occupancy, unless the Secretary dc:tenninc:s dlis requirelntnl will ause: undue hardship for Borrower, or unless txtenuutil1& circUInSlanc:es exist which art beyond Borrower's control, Borrower shall nolify Lender of Iny ulenualil1g circulIlslances, Borrower, shall tlOI commil waste or destroy, damage or IUbSlal1lially change Ihe Property or allow Ihc Properly 10 deleriorale, reasonable wear and Iear t.lcepled. under may ins.pect the Property If the Property is vatlnl or abandoned or lhe loan is in default ullder may lake reasonable aclion 10 prolect and prc:sc:rYe such vacant or abandoned Property. Borrower shaJJ also be in defaull if Borrower. duringlhe loan applicalion process, gave malerlaUy f.lse or ;nat'C'uNlIe infomlaUOII or sflllelJlenls 10 L.ender (or failed to pro....ide: Under with any malerial informallon) in connection wllh the loan C'Ytdenced by Ihe NOIe. Indudina. but nol Unlhed to, representations concerning Borrower's occupancy of 1M Property as a print;".1 residence. If Ihis Security InslNllltnl is on II leasehold, Borrower shaU comp!y wilh tbe proyislons of lhe lease. If Borrower acquires fee title 10 Ihe Properly. the leasehold and fee tide shall not be mc:ried unle" Lender agrees 10 the merler in writing. 6. Charges 10 Borrowcr and Prolectlon of Lender'! Rlghls In Ihe Property, Borrower shall pay allgovcmme1tlaf or municipal charges, fines mid. impositions 1111I1 are nol includec.l in p;lragraph '2. Borrower shall pay Ihcsc obUgllions on lime directly 10 lhe: cntity whidl is owed the payment. If failure 10 pay would adversely affcel Lender's inlerest in the Property, upon Lender's request Borrower slUllJ promptly furnish 10 Lender receipts evidencing lhese: payments. If Borrower fails 10 make these: payments or Ihe payments required by paragruph 2, or fails 10 perform any other coyenanls and agreemenls conlained In this Security ll1strunltJU, or lhere:: is. legal proceed;ni riNd may S)Bnificanlly .ffecl Lender's rights in the Property (sllch as a proceeding in bankrulJlcy, for condemnation or 10 enfon:e Jaws or regulations), Ihcn Lender may do and pay whatevcr is nc:a:ssary 10 proled (he: value of the: Propclty and Lender's rights in lilt Property, includina paymenl of la"es, hazanl insunlllce and olher ilelllS mentioned ill paragraph 2. Any amounts disbursed by Ltndtr under Ihis paragraph shall becon1C an additional debt of Borrower and be: secured by this Se~rily Inslrumen!. 11lese alllounts shall bear interesl from the: date or disbursement, II dle Nole rate, and at lhe oplion of Lender. shall be immediately due and payable. 7_ Condemnallon. The proceeds of any award or claim for damages, dired or consequential, in connc:clion with any condemnalion or other lakina of any part of the Properly, or for oonveyance in pl.ace of condc::mnllion, arc: hertby Il$siancd and shall be paid 10 Lender to lhe: ellent or the full amount of the indebledlless lbal remains unpaid under the Hate and Ihis Security Inslrull1CllI. Lender shall apply such prottcds (a tltc reduction of the indebtedflCls under the Note and this Security Instrumenl, rirsl tu any dellnqucnt amounts appJ~d in Ibe order proyided in paragraph 3, altd Ihell 10 prepaymenl or principal, Any applicafion of lhe: proceeds 10 Ih~ principal shall not exlend or postpone: the due dale of Ihe 1110mhly payments. which 1ft _.2D04RfPA) '-.-3." 0 ..............~'- *""""'~ Bo0K1449PAGE 385 Jt(( . . referred to in paragraph 2, or change tbe amounJ of such paymenls. Any excess proce.a1s over an amounl required 10 P'ly aU oUlstanding indebfednesJ under lhe Nole and Ihls Stturhy Instrument shall be paid to Ihe entity legally entitled (hemo. 8. Fla. Lender may collecl fees and charges authorized by lhe Secretary. 9. Grounds for Acceleration of Debt. (a) DerauU. Lendet may. except as Iimlred by ~Iulalions issued by the Secrtlary in the case of payment dcr..Us, require immediate paymentln lull of aU sums JtCurcd by Ibis Sec:urhy Instrument if: (I) Borrower delauhs by ralJina10 pay in full any monthl)' payment required by Ihls Security Instrument prior to or on the due dale of IIIC nul monthly payment; or ' (ii) Borrower derlulls by rallins. (or. period of thin)' dlys, 10 perform any OCher obligalions contained in Ibis Stt:urily Insll'\llI1Cnl. (b) Sale Wlthont Credll Approval. Lender shall. if pe.mllKed by applicable Jaw and with the prior approval of lhe Secretary, require hl1lnediale paymenl in full of III sums secured by IhJs Security IJ15Irument if: (i) All Dr plrt of tbe Froperty, or a benelicial ;nlercst in a trusl owninl all or part of the Property. is sold or otherwise transfened (OfheT llian by devise or dacellt) by the Borrower. and (il) The Property Js not occupied by Ille purchaser or granlee as his or her principal residence. or the purchaser or grantee: does $0 oIXupy the Property bul his or her credit lias not been approved in accordance with the requiremenls of the Secrel.ry. (el No Wa.lver. U circumslances OCCur Ibal would permit Lender 10 require immedia(e paymelH in fuJl. bul Lendcr dOcS 001 require such paymcnls, Lender does not waivc Us righes with respec( to subsequenl evenls. (d) Reguladons of HUD Secretary. In miRY circumstances reBulalions issued by Ihe Secreta')' willllmil Lender's rlghts in Ihc case of plymenl derauhs to require Jnnnediale paymenl In full and foreclose if nol paid. This S<<urily (nslrumenl does not aldhorizc lCt'elual1on or foreclosure If nol permiued by regulallons of the S<<rctary. (e) MorIa_Ie Not Insured. Borrowcr agrees Ihal should Ihis Security lnstrumen! and tbe Notc secured (hereby not be eligible for insurance under lhe: National Housina Acl wilhin 60 days from me dale JICfCO(, Lender may, al ils option and nolwilbstBndins anYlbins in paragflph 9. require immc:diBte payrncm in (uU 01 aU sums secured b)' Ihis Securily Instrument A wriUtn slalellW1l of any authorized aBent of ,he: SecR1lry daled subsequenllo 60 days (rom lhe dale hereo(, declinina10 Insurelhis Security Inslrumc:nI.nd the: Note secured Ihereby. shall be deemed conclusive proof of such indiaibllily. NotwilhSlandinalhe foregoing, Illi.. option may nol be exercised by Lender whut Ibe unavailabllily o( insurance is solely duc fo Lendcr's failure 10 remll I mortgage insunmct premium to Ihe Scc:rC:llry. JO. Relllslatemen'. Borrower has a nlhl 10 be. reinstated i( Lender has required inune.diale payment: in full because of Borrower's f.!liluTC 10 pay an amount due under Ihe: NDle or Ihls Sc:c:urily Inslrumenl. This right applies even Irler' (oreclosure proceedinxs are: Inslhuted. To reinstale: Ihe: Steurily Inslrument, BOllower shallle:ndtr in a lump sum all amounls required 10 bring Borrower's account curre:nl indudina, 10 Ihe: exlcn' they are obligations of .borrower undtr Ihis Security Inslrumcnl. (oreclosure costs and reasonable and cuslom.ry aUorneys' roes and e.pcnSCI proper))' associated with Ihe for=losure pr(Jl;et:ding. Upon reinstalement by BOlTO\lier, Ihis Security Instrument and tbe: obJiaaJlons Ihal it sccurc:l shill remain in effecl as if Lender had not required immediate payment in (ull. Howc:vu, Lc:nde.r is not required 10 permil reinstalemenl if: (i, Lender has acccpled reinslaleanent aRcr Ihe commenccment or foreclosure Proce.edinl5 wilhin IWO yeaB itnmedilldy pre.cedina1be commencement of a current (oreclosure proccedjn,. (ii) reinstatemenl will preclude foreclosure on different arouncts in lhe ruture. or (Hi) reinsratemc:nl wm advcrsely .rrecllbe prlorily of lhe lien created by this Security Instrumenl. 1 l. Borrower Nol Released; Forbearance By Lender Not B Waiver. Extension of (he lime or P'lymern or modlralion of amorlwlion of Ihe: sums secured by Ihis Security Inslrumc:nlgrnnled by undcr to any successor in intetesJ of BorroWer shllll not operale 10 release Ihe liability of lhe. original Borrowu or Borrower's successor in Jnlen.sl. Lender shall not be required 10 commencc proceedings aaainSl any successor in intcrest or refuse 10 extend lime f01 paymenl or otherwise: modify amortizalion of the SUlllS secured by lhls Se.curiCy Instrument by reason of any dClUand made by Ihe oriBinal Bonowe:r or Borrower's successors in inh:rcsl. Any forbearance by Lender in r:xercishl8 lily right or remedy shan not be a waiver of or preclude Ihe exercise o( any rlghl or temedy. G .2DD4RtPAJ . "'''ol. ~ 8oad449,16f 386 . . 12. Succtssors and Asslalls Bound; Jolt)) DIIlJ Seyeral L1abllltYi Co-Signers. The coyenants and agreements or this Securily fnsfrumeul 5118)1 bind and btnelil Ibe successors and assigns of Lender and Borrower. subject to lhe provisions of paraaraph 9.b. Borrower's CO\lc:nanls and agreements shall be joint and sc..,erat Any Borrower who co-signs chis Security In,uumCnI bUI does not Cltccute the Note: (0.) is co-slgning Ihis Securily lnslroO\cnl only (0 nlOrtgage:. granl and cOllvey IhnJ Borrower's lnttrest in Ihe .Property under the: terlns of Ihls Security Instrunlent; (b) is noe persollally obli881ed 10 pay the sums secured by this Sc:curi'ty Inslrument; and (e) aSrees Ihat Lender and any other Borrower Ria)' agree 10 Qtend, modUy, forbear or make: aDY accommodations with rtlard 10 Ibe: terms of chis Security Instrument or .be Note: wilhoullllll Borrower's consent. 13. Notices. Any notice 10 Borrower provided fOf in Ibis Securlt)' InslrorneRl shall be glvt:n b)' dellverinB il or b)' b18inn. il b)' firsl class mail unless appJicable law requires use: Qr anolher melhod. The nOlice shall be directed 10 lhe Properly Address or an)' alM:r .ddre$s 8(1rrowcr desilllDks b)' nolia: 10 lender. I An)' nolice 10 Lender shall be given b)' firsl clan mail Co Lender's address Slated herein or an)' address Lender designales by nolicc 10 Borrower. Any notice pmvidcd ror in this Securit)' InstrllnJenl .'ilwU be dccmcd 1(1 hllvc beellcivcnlo Barlower or under when given as provided ill this paragrlph. 14. GO\lenllng (.a"'j Severabillt)'. l1lis SeculilY Inslrul1lent sball be:: lovented by kdenlJ Jaw and Ibe law or lhe jurisdiction in which Ihe Pmptrty Is located. In Ihe event lhal any provision or clause of 11m Securit)' InMrumc:nl or Ihe Note connlcls wilh npplicable law. Iluch connicl shall nol a(fecl uther pnwi.iolJJ of Ibis Seturily Instrumcnt or Ihe Notc which can be givcn err<<t without Ihc conniclinc provision. To tld~ end d~ plOvi..ions or this Securily ln5trumtl11l1nd Ihe Note are dcclared 10 be severablc. I is. Borrower's Copy. Borrow~r .shall be liven one conrormed copy or this Securit)' Instrumenl. 16. AssIgnmenl or Rents. Borrower unconditionall)' Bssigns and transrers 10 lender all (he ren(s and rc:venues or the Propert)'. Borrower authorizes lender or Lender's alents to collecl the rents and revenues and hereby dired.s each tenanl ar the: Properl)' Iu ptly lilt tenls 10 Lender or LcJKIer's agellls. Huwc:ver. prior Co Lender's notice 10 Borrowcr or Borrower's breac:h or an)' covenant or agrccmcl1t in the Sc'curllY InslNmel1t, Borrower sllall colJed and receive aU rents and revenues of Ihe ProperlY alii trustee flU the benefit of Lender and Borrower. This RSllgnmeJlf or renls constilUles an absolute assignment and hot an llSsiglllllCld for addilillnaf security only. f( Lender gives notice of breach to Borrower: (a) all renls I'Cccived by Borrower shall be held b)' Borrower IS IrUSlcc (or benefit of Lellder only, 10 be applied to the suna secured by the Securily lnslrument: (b) Lender shall be enliUed to collecr and receivc aU of die: rents of the Property; and (c) each lenant or lhe Property shall pa)' all fell(S due and unpaid 10 Lender or Under's agent on Lender's wrillen demand 10 the lenant. Borrower has not execuled an)' prior assignmenl of (he: rents and bas no! and wiU nol perfonn any act Ihat would ~vent Lender rrom exercising its rialus under Ihis paraarapll16. , Lender shall noC be reqllimtlo enler upon, take control or or maimain the Propc:rt)' berore or arler living nolice orhrcacfl 10 Borrower. However, bnde; or a judiciJllly Appointed receiver may do so at any time there: Is a breach. Any application of rents shaH 1101 (:ure or walvt an)' default or invalidale any other rllhl or renledy or Lender. This assignmenc of renes of IIIe: ProperlY sJUllllenninllte whelllhe debt secured by Ihe Stcurity InatrunlCnt is paid in run. NON~UNIFORM COVENANTS. Borrower and Lender (unller covenant and agree as follows: 17. Foreclosure Procedure. If Lender Rquirts IlIlIucdJale parlllCllf In full under pAragraph 9, Lender ma)' foreclose this SecurUy InstrumenC by judicial proceeding. Lender shan be entitled 10 collect all expenses incurred In pursuIng the rell1edics provided en tld. pumgraph 11, Including, bul nul Iindlcd 10, attorneys' fees and costs of title evidence. 18. ReJeasc. Upon payolCnl or all sums seCured by Ihis SecurilY JnslrumCl1t, this Securily (nslrumen( and the estlle conveyed shall lenninate alld become: void. Arter such occurrenCe, Lender shall discbarse and satisfy Ihis Security Jnslrumenl wllJNlUI chArge 1(1 8(lfrnwt:r. Borrower shall pay any rcc:ordalion culls. 19. Walvetl. Borrower, 10 Ihe Ulenl pcmliued by applicnble law, waivC;t and releases any error or defecls in Procetdinls 10 enrl.lrct Ihis Securily JnlilfUmenl. and hercby waives Ute benelil of any present or rUlUre laws ptovldinB ror stQY or execution. exlension of time. exempliol1 rrom aUachmem, levy and IDle. and homestead exemption. <G>.: .2004RIPAI . r....'. Ohlnl"".."lIIqocWr_ ~f BOOK1449'AGE 381 . . . 20'. Relnstataucnt Period. Borrower's time 10 reinstalc provided In paragraph .10 shall cllend to one: hour prior 10 the commencement of hiddina: BI a shcrifrs sate or Olber sale pursuant to this Securily Instrument. 21. Purchase MOllC)' Mortgage. If any of the debt seturcd by this Security Instrument Is lent to Borrower 10 acquire IlIle to the Property I Ihis Security Instrument shall be I purrbJIse money mortgage. 22. Interest Rate Arter Judgment. Borrower agrees thai the Inlcresl fate payable after a jUd&ffiCnI is entered on the Note or in an action of mortgage foreclosure shall be lhe ra'c payable from lime to dint under Ibe Note. 23. Riders to this Security Instrument. If one or more riders are executed. by Borrower and recorded together with this Security Instrument, Ihe covenanls of each such rider shan be incorporated inlo and $ball amend and supplement the covenanll and acreerm:nls of Ibls Scc:urity Instrument as if the rider(s) were'a part of this Securily InslNment, {aleck applicable box(es)) B Condominium Rider Planned Unit Development Rider B Graduated Payment Rider Growing Equity Rider o Olhe< (Specily) 'h/TU} ~~ (Seal) .Bormwcr BY SlONINO BELOW. Borrower accepts and agrees to the terms executed by Borrower and r<<:orded with il. Witnesses: (Seal) ..0<..... (S..I) -lIorntwer (Seal) -80nowcr Certificate or Residence I, Jeru1ifer Ecker . do hereby certify Ihatthe c:orrcct eddress of the withln.named Lender is 9309 Belair Road, BaltiJtm'er K) 21236 WitneSs my hand this 24th d.y 01 April 199B C'u/IJI;nJu.kc.1.euv ~Ecker Aim of Lender COMMONWEALTH OF PENNSYLVANIA, DAUPHIN County IS: On this, the personaJl)' appeared 24th day or April , 1998 Andrew E. Redmond and Jennifer L. Redmond . before me. the undersllntd ofliter. known to me: (or satisfactorily proven) to be lhe person s whose name 8 are subscribed 10 (he within inslruntefd and adc:nowledgo:l .b., they executed the same for Ihe purposes hcrcin contained. IN WITNESS WHEREOP, I hereunto set my hand and offielal SClI. My COlRmission Expires: ..... .. .20D4RIPAI . __ NO"., J ....on. Nola.., publ~ WaahlOglonTwp, Dauptlln CountY Notary Public ~f1MIl"lOn Exp1f81 May 21,2001 . 10.......... ale of Off_, Membef.f'eMsytvanlIAtSOClIllOnO u........ Bod449flG[ 388 . . AlL TIlAT CPR-TAIN lot or parcel of land situated in the Borough of Wormleysburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descnbed as follows, to wit: , BEGINNING at a point on the western line of Second Street on the dividing line between Lots Nos. 75 and 76 on the General Plan of Wormleysburg, said point being also 116 feet measured Northwardly along the Western line of Second Street from the Northwest corner of Second Street and Market Street; thence in a Westerly direction along said dividing line 96.9 feet to a point on the lands now or fonnerly of N.C.R.R. Company, thence along said last mentioned lands South 42 degrees 25 minutes East 25.04 feet to a point on the line of lands, now or fonnerly of William Rishel; thence in an Easterly direction along said last mentioned lands 95.4 feet to Second Street, thence in a northerly direction along the Western line of Second Street 25 feet to the point or place of BEGINNING. BEING A PORTION of Lot No. 76 on said General Plan of Wormleysburg and having thereon erected a three story frame dwelling house known and numbered as 124 South Second Street. Wonnleysbun!:. Pennsvlvania. UNDER AND SUBJECT to easements, restrictions, right-of-ways, or other conditions of prior record. IT BEING the same premises which BARC Properties, a Pennsylvania Partnership, by its Deed dated August 8, 1997, and recorded in the Recorder of Deeds Office of Cumberland County in Deed Book 162, Page 800, granted and conveyed unto Andrew E. Redmond and Jennifer L. Will, nfkJa Jennifer L. Redmond, the MORTGAGORS herein. EXHIBIT "A" Stale of pennsylvania} County of Cumberland 86 ReCOrdad~ln the office for tha recording of Daecl8 ~c~. and 1 .rland County In B ...,._! wit e my ha 01 offI tJi-..J. Car . PA . ay '1 u..'6 .-~'''''''''''''''''' ~?~' . Ji}z~.., /.t ^''X4.:i:. .~. "'~l'~' \ ",~....."",.... ~h . l.tJ.......lj. "'0;" ~~~: . . " :!lu:,!/,,' ~'>;~~~~r' :', '~a: .,..v ...,::,:;;.'., \1j. ",$ : .:'\" ....- _: ~. #I .." . ..' .. ~).C( , " .:.~ it: ',\~ :'JI'/: ".. ~.:iI'~.;, " .... Je,: ,,' O' . . Q...,~.c.;;; 0/.' , 4"t.;': ".. ...... W:"....;lr:,(, ~ ,~ 11; h.....~.. ~.i-I--_ ".,,~~!hS~_f..-- ',,'...............- C' \NL\DBSC\REtlMOND A&R BooK14.49'AG[ 389 VERIFICATION Beth Morris ' Assistant Secretary, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. /j b~n . 7;/ }~~(( " .~ . , L' Beth Morris ' Asslstant Secretary "'- ~ ~~ " ~ ~. <0, ~ ~ ~~ ~, ~ ~\ Y\ b (,;, ~ If'\ (j '" () 'u \ \ ':\ , . \-A' ~ l:~ t ~ () ~.~ ~ C'-. ,-F' _-I ~-..;~ i:rl~J J"r ,",0 ,,'I .' i.:' t,..' (...;', SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02669 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS REDMOND ANDREW E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: REDMOND ANDREW E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 9th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co Postage 18.00 9.00 10.00 36.00 .74 73.74 06/09/2005 GRENEN & BIRSIC So answer~. ..... ..' ...~ ...._.. c.c~~ ~. ~ <-:------ /~ ~.~~ R. Thomas Kline / Sheriff of Cumberland County Sworn and subscribed to before me this /S"f':: day of ~ <><-t'O:) A. D. / ~.. () !-h"iPI. Prothonotary ,,1ft! SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02669 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS REDMOND ANDREW E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WILL JENNIFER L A/K/A JENNIFER L REDMOND but: was unable t:o locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 9th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/09/2005 GRENEN & BIRSIC ~., .c-.--- ..? So ~nsw .... .. - .- -." .' .-.?,"~/ -_/. /-'/-k~~/. ~mas Kline Sheriff of Cumberland County Sworn and subscribed to before day of LI.1A..<--- I me this ISf':... 2IJv{ A.D. C}-YL- Q Yh,PPP,. A~ prothonot:ary' In The Court of Common Pleas of Cumberland County, Pennsylvania Chase Manhattan Mortgage Corporation . VS. Andrew E. Redmond et al SERVE: Jennifer L. will a/k/a Jennifer L. Redmond No. 05-2669 civil Now, May 24. 2005 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~,,?~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ In The Court of Common Pleas of, Cumberland County, Pennsylvania Chase Manhattan Mortgage CorporatJ.Ol1 . VS. Andrew E. Redmond et al SERVE: Andrew E. Redmond No. 05-2669 civil Now, May 24.' 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~ -*'<~~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20 ,at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE . MILEAGE AFFIDAVIT $ $ @ffice uf t4~ ~4~~iff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CHASE HOME FINANCE LLC S/B/M/T CHASE vs County of Dauphin REDMOND ANDREW E Sheriff's Return No. 0963-T - -2005 OTHER COUNTY NO. 05-2669 CIVIL AND NOW:June 2, 2005 at 9:40AM served the within NOTICE & COMPLAINT IN MORT FORECLOSURE upon REDMOND ANDREW E by personally handing to JENNIFER L WIFE OF ANDREW 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN MORT FORECLOSURE and making known to him/her the contents thereof at 2028 FLETCHER COVE HUMMELSTOWN, PA 17036-0000 Sworn and subscribed to jf~ before me this 3RD day of JUNE, 2005 ~~ Sheriff of Dauphin County, Pa. s.,Ak A ::s:.cl~tJ-.- By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. J, 2006 Deputy Sheriff Sheriff's Costs:$36.00 PD OS/26/2005 RCPT NO 207309 SS @ffice of t4~ ~4~~iff William T. TuIly Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CHASE HOME FINANCE LLC S/B/M/T CHASE vs County of Dauphin REDMOND ANDREW E Sheriff's Return NO.0963-T - -2005 OTHER COUNTY NO. 05-2669 CIVIL AND NOW:June 2, 2005 at 9:40AM served the within NOTICE & COMPLAINT IN MORT FORECLOSURE upon REDMOND JENNIFER L A/K/A WILL JENNIFER L. to JENNIFER REDMOND DEFT by personally handing 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN MORT FORECLOSURE and making known to him/her the contents thereof at 2028 FLETCHER COVE HUMMELSTOWN, PA 17036-0000 Sworn and subscribed to So Answers, :;t~ before me this 3RD day of JUNE, 2005 Sheriff of Dauphin County, Pa. ~~ ~ A ~IJ-- By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. I, 2006 Deputy Sheriff Sheriff's Costs:$36.00 PD OS/26/2005 RCPT NO 207309 SS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, slblm/t CHASE MANHATTAN MORTGAGE CORPORATION, CNIL DNISION NO.: 05-2669 Civil Plaintiff, vs. ISSUE NUMBER: ANDREW E. REDMOND and JENNIFER L. WILL, aIkIa JENNIFER L. REDMOND, TYPE OF PLEADING: Defendants. PRAECIPE FOR DEF AUL T JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: Chase Home Finance, LLC, slblm/t Chase Manhattan Mortgage Corporation I hereby certifY that the address of Plaintiff is: 3415 Vision Drive Columbus, OH 43219 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. LD. #77991 the last known address of Defendants is: 2028 Fletcher Cove Hummelstown, PAl 7036 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. /{:;tJLZ'-/li' (}LUL~ Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION NO.: 05-2669 Civil Plaintiff, vs. ANDREW E. REDMOND and JENNIFER L. WILL, aIkIa JENNIFER L. REDMOND, 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, Andrew E. Redmond and Jennifer L. Will, aIkIa Jennifer L. Redmond, in the amount of$93,700.l2, which is itemized as follows: Principal Interest to 7/5/05 Late Charges to 7/5/05 Escrow Deficiency to 7/5/05 Corporate Advances Attorneys' Fees Title Search, Foreclosure and Execution Costs TOTAL $86,302.90 $ 3,314.77 $ 228.59 $ 29.14 $ 74.72 $ 1,250.00 $ 2.500.00 $93,700.12 with interest on the principal sum at the rate of$l 7.73 per diem from July 5,2005, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: .~ . tJ(. L. . ~M. An Oil, Esquire Attorney for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE 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 Defendants were 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 were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. L-~t2[ c 1-.( YJt c.k e,L t/--v---- Sworn to and subscribed before me this S ~ ,2005. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Siial Elizabeth M. Paiano. Notary PubliC City Of Pittsburgh. Allegheny County My Commission Expires Jan 6, 2008 Member. Pennsylvania Association Of Notaries . IN THE COURT OF CO~ON PLEAS OF CUMBERLAND C~Y PENNSYLV ANlA CHASE HOME FINANCE, LLC, s/b/mlt CHASE MANHATTAN MORTGAGE CORPORATION, CNIL DNISION NO.: 05-2669 Civil Plaintiff, vs. ANDREW E. REDMOND and JENNIFER L. WILL, aIkIa JENNIFER L. REDMOND, Defendants. TO: Andrew E. Redmond 2028 Fletcher Cove Hummelstown, P A 17036 DATE OF NOTICE: June 23, 2005 IMPORT ANT 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 DA YS 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 TillS 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, TillS 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 2 LIBERTY AVENUE CARLISLE, P A 17013 (800) 990-9108 FIRST-CLASS MAIL, POSTAGE PREPAID GRENEN & BlRSIC, P.C. -/~ .L~/a ' 1 V -' L~0,,~_L-cA.....S---~ By: . Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, P A 15222 (412) 281-7650 . IN THE COURT OF CO.!.ON PLEAS OF CUMBERLAND COLy PENNSYLVANIA CHASE HOME FINANCE, LLC, slb/mlt CHASE MANHATTAN MORTGAGE CORPORATION, CNIL DNISION NO.: 05-2669 Civil Plaintiff, vs. ANDREW E. REDMOND and JENNIFER L. WILL, a!k!a JENNIFER L. REDMOND, Defendants. TO: Jennifer L. Will, a!k!a Jennifer L. Redmond 2028 Fletcher Cove Hummelstown, P A 17036 DATE OF NOTICE: June 23,2005 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VB 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 TENDA YS 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (800) 990-9108 FIRST-CLASS MAIL, POSTAGE PREPAID GRENEN & BIRSIC, P.C. d~ By: j . i2L<...y9?LCl~tZ-ez../ Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, P A 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION NO.: 05-2669 Civil Plaintiff, vs. ANDREW E. REDMOND and JENNIFER L. WILL, aIkIa JENNIFER L. REDMOND, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Andrew E. Redmond 2028 Fletcher Cove Hummelstown, P A 17036 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding 011 ), J '-J I r ' ;U:b.S I I ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $93,700.12. with interest on the principal sum at the rate of$17,73 per diem from July 5, 2005, and additional late charges, additional reasonable and actually incurred attomeys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, slb/m/t CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION NO.: 05-2669 Civil Plaintiff, vs. ANDREW E. REDMOND and JENNIFER L. WILL, aIkIa JENNIFER L. REDMOND, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Jennifer L. WiJI, aIkIa Jennifer L. Redmond 2028 Fletcher Cove Hummelstown, PA 17036 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ...JuJ,,\ \\ \ )..,DQS ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $93,700.12. with interest on the principal sum at the rate of$17.73 per diem from July 5,2005, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. ~rJq( ~.~~ Deputy ~ C 'J:::J ~ ~ ~ t!: 1 :-a () n "'> ~ = ~ = g D -<;'. en - -- ..~'.' I:-;-~ c... --. \'- C> -. c::: ::r:,., ~ ,-- nl__ '6"'- i'/I r- j - -orn - 6' r""":' _,---, :Us=' ~::..... , c) (U ..... N 5~'f ~ ~:r(J i~-j jq ~ (i'- --';.. r 1: ....:-:: r:? (~5rn :;! 0 5;! ::0 "'f-- N .<;: ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, slb/mlt CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION ISSUE NUI\IlBER: Plaintiff, vs. NO.: 05-2669 Civil ANDREW E. REDMOND and JENNIFER L. WILL, alk/a JENNIFER L. REDMOND, TYPE OF PLEADING: PRAECIPE TO SATISFY JUDGMENT Defendants. CODE- FILED ON BEHALF OF PLAINTIFF: Chase Home Finance, LLC, slb/mlt Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. J.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, slb/mlt CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION NO.: 05-2669 Civil Plaintiff, vs, ANDREW E, REDMOND and JENNIFER L. WILL, a!k/a JENNIFER L. REDMOND, Defendants. PRAECIPE TO SATISFY JUDGMENT TO: PROTHONOTARY SIR: Kindly satisfy the judgment at the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P,C. By: ~~{2L {,cf/iCt-{-<- h- Kris 'e M. A~thou, Esquire Attorney for P'laintiff Sworn to and subscribed before me this J \* day of - ~}" , 2005. ?~~\t~.ffi .\A~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial ~I Elizabeth M. Paiano. Notary Public City Of Pittsburgh. Allegheny County My Commission Expires Jan. 6. 2008 Member, Pennsylvania ASSOCiation Of NotarIes C) C~. - ...., c::':') C".) '-J"1 L_ ~~ o "1'1 N Ul ;:] (~) co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, slb/mlt CHASE MANHATTAN MORTGAGE CORPORATION, CNIL DNISION ISSUE NUMBER: Plaintiff, vs. NO.: 05-2669 Civil ANDREW E. REDMOND and JENNIFER L. WILL, a/k/a JENNIFER L. REDMOND, TYPE OF PLEADING: Defendants. PRAECIPE TO SETTLE AND DlSCONTnWE WITHOUT PREJUDICE CODE- FILED ON BEHALF OF PLAINTIFF: Chase Home Finance, LLC, slb/mlt Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. LD. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, slb/mlt CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION NO.: 05-2669 Civil Plaintiff, vs. ANDREW E. REDMOND and JENNIFER L. WILL, aIkIa JENNIFER L. REDMOND, Defendants. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. By:~:e.'Z{( '<-)"1( a~-<:LJ-J Kristine M. Ailthou, EsqUire Attomey for Plaintiff Sworn to and subscribed before me ,2005. COMMONWEALTH OF PENNSYLVANIA Notanal S&al Elizabeth M. Paiano, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Jan. 6, 2008 Member. Pennsylvania Association Of Notaries n ~~ ~'.I' I>' ... ....' r::;:::. C:'~ CJl o -n G__ c::: r-- !'., 0-; -c (.J 0:;