JAMES F. SCHNEIDER
SO ORDERED
________________
U. S. BANKRUPTCY JUDGE
Chapter 13
AGREED ORDER AND STIPULATION MODIFYING AUTOMATIC STAY
The Movant, JPMorgan Chase Bank, National Association, by its attorney, Michael T. Cantrell, Esq., and the Debtors, Robert Christopher Foy aka Robert C. Foy and Judith Diegelman Foy aka Judith D. Foy by their attorney, L. Jeanette Rice, Esq., do hereby consent to the following:
1. The Automatic Stay of 11 U.S.C. §362 and 11 U.S.C. §1301 (if applicable) are hereby terminated. Movant agrees to forbear provided Debtor(s) complies(y) with the terms of this Order.
2. The Debtor(s) shall sell the property known as 5029 Summit View Court, Hidden Valley, Pennsylvania 15502 and tender to the Movant the moneys necessary to fully satisfy the debt, i.e., pay the loan off in full, owed to the Movant pursuant to the parties' promissory Note and Deed of Trust, in certified funds or cash, such that the moneys are received by the Movant no later than October 26, 2013.
3. The Debtor(s) shall also maintain a hazard insurance policy which protects the Movant's interest in the real property and keep current all real property taxes with respect to the real property.
4. All payments tendered in accordance with this Order should be sent directly to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Movant at 3415 Vision Drive , Mail Code: OH4-7126, Columbus, Ohio, 43219.
5. Should the Debtor(s) default under Paragraph 2 or 3 herein, the Movant may file with the court and mail to the Debtor(s) and Debtor(s) attorney a Notice of Default and Notice of Termination of Automatic Stay. The forbearance shall immediately terminate without further court action and without further court order. The Noteholder may then proceed to enforce its rights, including but not limited to foreclosure, under the provisions of the Deed of Trust recorded among the land records of Somerset County, Pennsylvania, at Liber 1766 and folio 001 and which is secured by the property of the Debtor(s) located at 5029 Summit View Court, Hidden Valley, Pennsylvania 15502. The additional stay provided by Bankruptcy Rule 4001(a)(3) is hereby waived.
6. This agreement shall be and become null and void on the termination of this bankruptcy proceeding. Should the Debtor(s) convert to a Chapter 7 proceeding, the forbearance shall be immediately terminated and the repayment provisions herein shall be and become null and void. Upon termination of forbearance, the Movant, its successors and assigns, shall be excused from filing notices of payment change under Bankruptcy Rule 3002.1. This agreement shall apply to proceedings for possession of the real property after the foreclosure sale and shall apply to successors and/or assigns of Movant.
7. The Movant and/or its successors and assigns may, at its option, offer, provide and enter into a potential forbearance agreement and/or loan modification or other loan workout/loss mitigation agreement which does not otherwise require court approval. The Movant may contact the Debtor(s) via telephone or written correspondence to offer such an agreement. SEEN AND APPROVED: ________________
Michael T. Cantrell, Esq.
Attorney for Movant ________________
L. Jeanette Rice, Esq.
Attorney for Debtors
I HEREBY CERTIFY that the terms of the copy of the consent order submitted to the court are identical to those set forth in the original consent order; and the signatures represented by the _ on the copy of the consent order submitted to the Court reference the signatures of consenting parties obtained on the original consent order.
Michael T. Cantrell, Esq. Copies to:
Robert Christopher Foy aka Robert C. Foy
1306 Pleasant Meadow Rd
Crofton, Maryland 21114
Judith Diegelman Foy aka Judith D. Foy
1306 Pleasant Meadow Rd
Crofton, Maryland 21114
Copies were sent electronically via the CM/ECF system to L. Jeanette Rice, Esq., and Michael T.
Cantrell, Esq., Ellen W. Cosby, Esq., Chapter 13 Trustee.