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HomeMy WebLinkAbout09-3288IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CIVIL DIVISION ASSOCIATION, NO.: 09 - 3,2$8 Plaintiff, vs. ANTHONY VOGELSONG TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendant. TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 7255 Bavmeadows Way Mail Stop JAXB2007. Jacksonville. FL 32256 AND THE DEFENDANT: 11 SOUTH ENOLA DRIVE ENOLA. PA 17025 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 11 SOUTH ENOLA DRIVE. ENOLA PA 17025 Municipality: Ls ATTORNEY FOR PLAINTIFF ATTY FILE NO.: FCP 93176-R1 FILED ON BEHALF OF: JPMorgan Chase Bank, National Association COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC ott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 Eric Santos, Esquire Pa. I.D. #201493 Joel A. Ackerman, Esquire Pa I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zucker olg dber com File No.: FCP- 93176-RI/ad Zucker, Goldberg & Ackerman, LLC FCP-93176-R 1 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL 'WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CIVIL DIVISION ASSOCIATION, NO.. Plaintiff, VS. ANTHONY VOGELSONG Defendant. 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, : CIVIL DIVISION NO.. vs. ANTHONY VOGELSONG Defendant. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las ?siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC FCP-93176-R 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, vs. ANTHONY M. VOGELSONG Defendant. CIVIL DIVISION NO.: 01. 3 a R F ctld- CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes JPMorgan Chase Bank, National Association, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is JPMorgan Chase Bank, National Association, having its principal place of business at 7255 Baymeadows Way, Mail Stop JAXB2007, Jacksonville, FL 32256. 2. The Defendant, Anthony M. Vogelsong, is an individual whose last known address is 1 I South Enola Drive, Enola, PA 17025. 3. On or about January 19, 2007, Anthony M. Vogelsong executed a Note in favor of Fremont Investment & Loan in the original principal amount of $97,750.00. 4. On or about January 19, 2007, as security for payment of the aforesaid Note, Anthony M. Vogelsong made, executed and delivered to Mortgage Electronic Registration Systems, Inc. As Nominee For Fremont Investment & Loan a Mortgage in the original Zucker, Goldberg & Ackerman, LLC FCP-93176-R 1 principal amount of $97,750.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 29, 2007, in Mortgage Book Volume 1980, Page 3539. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The aforesaid Note and Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. As Nominee For Fremont Investment & Loan To JP Morgan Chase Bank, National Association, plaintiff herein, pursuant to an assignment of mortgage to be recorded.. 6. The aforesaid Mortgage was amended and increased in principal amount of $104,526.82 pursuant to a certain Modification Agreement by and between JPMorgan Chase Bank, National Association and Defendant, Anthony M. Vogelsong, recorded in the Office of the Recorder of Deeds of Cumberland County. A true and correct copy of said Modification Agreement is marked Exhibit B, attached hereto and made a part hereof. 7. Anthony M. Vogelsong is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is 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. 7. On or about March 17, 2009, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 8. The amount due and owing Plaintiff by Defendant is as follows: Zucker, Goldberg & Ackerman, LLC FCP-93176-R 1 Principal $103,667.85 Interest through 04/21/2009 $3,520.68 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 149.01 Escrow $1,947.50 Miscellaneous $ 63.15 Total $113,098.19 plus interest on the principal sum ($103,667.85) from April 21, 2009, at the rate of $24.85 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $113,098.19, with interest thereon at the rate of $24.85 per diem from April 21, 2009, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC FCP-93176-R 1 ZUCKER GOLD RG & KERMAN BY: Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D.#89705 Richard P. Haber, Esquire PA I.D.#202567 Eric Santos, Esquire PA I.D.#201493 Joel A. Ackerman PA I.D.#202729 Attorneys for Plaintiff 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 908-233-8500 FAX 908-233-1390 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 • • CFRr 30000001058001 COR;986 .0 r Prepared By: 0pyo^O??NO Barbara Licon r /711 l VV 'lZ Return To: Fremont Investment 8 Loan P.O. BOX 34078 FULLERTON, CA 92834-34078 Parcel Number: Promises:11 SOUTH ENOLA DRIVE 09-15-1291-030 Enola, PA 17025 ISpote Above TMY Une Per Reeordies Dahl MORTGAGE MIN 1001944-3001058001-0 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document arc also provided In Section 16. (A) "security loatrament" means this document, which is dated January 19. 2007 together with all Riders to this document (B) "Borrower" is ANTHONY H. VOGELSONG Borrower is the mortgagor under this Security Instrument (C) "HERS" is Mortgage Electronic Registration Systems, Inc. MERS Is a separate corporation that is acting solely as a nominee for lender and Lender's successors and assigns. MERS Is the mortgagee under this Secarity Iustruhseot MERS is organized and existing under the taws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48301-2026, tel. (888) 679-MERS. PENNSYLVANIA - Single Family - Fannie MaafFre6ft Mac UNIFORM INSTRUMENT WITH MFRS Form 3030 1101 P?.{Ae(PAl toaatn IMt?N: ,y16/ Ilolling IN R=111 I vMP Mongop somlem, WA. toooH21.7201 (D) "Lender" is Fremont Investment A Loan t Lender is a CORPORATION organized and existing under the laws of CALIFORNIA Lender's address is 2727 East Imperial Highway. Brea; CA 92621 (E) "Note" means the promissory note signed by Borrower and dated January 19. 2007 The Note states that Borrower owes Lender Ni nety- Seven Thousand Seven Hundred Fifty and 0/100ths Dollars I (U.S. S 97.750.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 01. 2037 (F) "Property" means the property that is described below under the heading "'T'ransfer of Rights in the Property." (G) "tarn" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instnanent, plus interest. (H) "9tiders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider [? Condominium Ride Second Home Rider Balloon Rider Planned Unit Development Rider P14 Family Rider. VA Ride Biweekly Payment Rider Other(s) [specify) t (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non eppeahd?lejudicial opinions. (J) "Community Association Does, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Fonds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which Is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Facrow Items" mews those items that are described in Section 3. (M) "M ceRaeeous Proceeds" room any compau?ion, settlement, award of damages, or proceeds paid by any third party (other than in urance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (h) condemnation or other taking of all or any part of the Property; (iiQ conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) 'Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. r.nK.: All 44aAIPAIPall) P.e.xor+@ Form3039 slat t 'PI "REStiPA" mains the Real Estate Settleranent Pracedtaes Act (12 U.S.C. Section 2601 et seq.) and its mpltunenng latian, Regulation X (24 C.F.R. Putt 35011), as thry might be amended from time to time, ce arty adonal or suooessor legislation a regulation that governs the sane subJt ct maser. As used I... .Z4 SPA. in this SecurityInstrument. "RESPA" refers to all requirements and rewidiona that are imposed in regard to a "fedrelated mortgage loan° ever If the Loan does not qualify m e "fisderakly relttpad mtxtgagc (Q) 'Successor In Interest of Borrower" mains any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lander. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (H) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lenders successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording lurisdictinal of Cumberland [Nam or Recording Jurisdiction]: SEE EXHIBIT "A" ATTACHED HERETO AND MADE APART THEREOF which currently has the address of 11 SOUTH ENOLA DRIVE [streell Enol a [city), Pennsylvania 17025 [zip Coded ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees dot MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS as nominee for Lender said Lenders suceesson and assigns) has theright: to exercise any or all of those interest, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender Including, but not limited to, releasing and canceling this Security Instrument. at-e A(PA) tosOrf Pass 3 of It Fomr 3039 1101 ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsboro County of Cumberland and State of Pennsylvania-bounded and described as follows to wit: BEGINNING at a point on the Southwest comer of Pyne Street and Brick Church (State) Road; thence Southwardly along the Western side of Brick Church Road, fifty (50) feet to a point on line of Lot No. 18 on the Hereinafter mentioned plan of Lots and also being lands now or late of Herman a Waggoner; thence Westwardly along same and through the center of a partition wall and beyond in a line at right angles to Brick Church Road, on.e hundred and twenty-five feet to a point on the Eastern line of a sixteen feet wide alley; thence Northwardly along same fifty feet to a point on the Southem line of Pyne Street; thence Eeswardly along same in a line at right angles to Brick Church Road one hundred and twenty-five feet to a point, THE PLACE OF BEGINNING. BEING Lots Nos. 19 and 20 on Plan of Moltes addition, recorded in the Office of the Recorder of Deeds, Cumberland County in Plan Book I Page 2. HAVING erected thereon the Northern half of a two story double frame dwelling house known and numbered as No. I I South Enola Drive (formerly No. 11 Brick Church Road)- BE ING THE SAME PREMISES which MARLIN S. VOGELSONG, EXEC. OF THE ESTATE OF MINNIE M. VOGELSONG by Indenture bearing the date of September 21, 1998 and recorded in the Office of the Recorder of Deeds, in and for the County of Cumberland, COMMONWEALTH OF PENNSYLVANIA on September 24, 1998 in Book 185 Page 972 granted and conveyed unto ANTHONY M. VOGELSONG, his Heirs and Assigns; in fee;. Parcel No. 09-15-1291-030 0 • BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and teas the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrance of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combine uniform covenants for national use end non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and hue charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lander as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified chock, bank check, treasurer s check or cashiers check, provided any such check Is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section IS. Lender may return any payment or partial payment if the payment or partial payments arc insufficient to bring the Loan current. Lander may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment Is applied as of its scheduled due date, then Lender creed not pay interest on unapplied finds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No ofrset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security instrument, and then to reduce the principal balance of the Note. if Leader receives a payment from Borrower fbr a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to tlhe repayment of the Periodic Payments if, and to the extent that, each payment (R-SA(PA)(oear/ vy.4 of It Form 3039 1101 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fust to any prepayment charges and then as described in the Note. Any application of paymerus, instmuice proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Rands for Racrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in fill, a star (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These hems are called "Escrow items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Ftmds for any or all Escrow Reins at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the amount due for an Escrow Item, lender may exercise its rights under section 9 and pay such amount and Borrower shall then be obligated miler Section 9 to repay to Lender any such amount. Lander may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that we then required under this Section 3, Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, If Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required'to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest Mart: ) 0 Y A-sAMA) psetl PNO3 a is Form 3039 1101 9 0 shall be paid on the Funds. Lander shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess hinds in accordance with RESPA. If time is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more then 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Larder shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, lease old payments or ground rents on the Properly, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lander, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Ion by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, eetthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Leader requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shell be chosen by Borrower subject to Lenders right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) it one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any foes imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. mnw: ll- ?dA(PA) pa02) Pale 6 of re Forms 0 S 9 1101 • 0 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lenders option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower s equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Secures Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If !.ender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lander as mortgagee and/or as an additional loss payee. In the event of bra, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Larders security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work her been completed to Lenders satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower s rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrowers rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. ? wrr.ro: r V OLJAIPA)psoxh Pgor of 14 Form ]039 1101 0 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection or the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from doWiarsting or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or micro the Property, Borrower is not relieved of Borrowers obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Less Application. Borrower shalt be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially faLie, misleading, or inaccurate informadon or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but am not limited to, representations concerning Borrowers occupancy of the Property as Borrower s principal residence. 9. Protection of Leadees Interest la the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lenders interest in the Properly and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority ova this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lenders actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority ova this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change lode, replace or board up doom and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. WNWN: / 111 ? 441 A1PA1 tooern pop o or to Form 3039 1101 0 • Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting paymmanL If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the loan, Borrower shell pay the premiums required to maintain the Mortgage Insurance in effect. If, for any mason, the Mortgage Insurance coverage required by Lender cusses to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cast to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage crated to be in effeet. Lender will accept, use and retain time payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated paysnmts toward the premiums for Mortgage Insurance. If Lender required Mortgage Insunrtee as a condition of making the Loan and Botmwer was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-rethndablc loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lander providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the race provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other panties that share or modify their risk, or reduce losses. These agreements are on teens and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any rcinsumr, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (ter might be cherecterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurees risk, or reducing fosses. If such agreement provides that an affiliate of Lender takes a slave of the insurer's risk in exchange for a share of the premiums pad to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ® W.aN.: 4'Ji'l 1" 4D-aAIPA)10602) P.r.a.1 is form 10]0 Vol 9 • (b) Any such agreements will not affect list rigbis Borrower has - if may - with respect to the Mort" Insurance under the Homeowners Protection Act of 19" or nay other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage lasuramce, to Inve the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds arc hereby assigned to and shall be paid to Lander. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the During such 'r?thr and res?totraiwn p?eriodr, is Lender sha e ? right and hold ?r security is not lessenedeed. until Lender has had an opportunity to Inspect: such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the access, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or Icas in value. Any balance Shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then dux. If the Properly is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is givers, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not than due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be InnMa A-11A(PA)t6602e Page I* of re Fan 70]9 1101 • dismissed with a ruling that, in Lander, s judgment, precludes forfeiture of the Property or other material impairment of Lender' a interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Relaxed; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Secwily instrument granted by Lender to Borrower or any Successor in Interns of Borrower shall not operate to release the liability of Borrower or any Successor% in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy inchuling, without limitation, Lender's acceptance of payments from third persons, entities or Successors in interest of Borrower or in amounts less then the smourd then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-ftners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower' a obligations and liability shall be Joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer")- (a) is co-signing this Security instrument only to mortilage, grant and convey the co signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Larder and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signals consemn. Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security InstrumenL Borrower shall not be released from Borrower s obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except n provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fen that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum ban charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any suns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of arty such mhmd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. IS. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to W914.: ?V SR-4A(PA) peo2) Pop f 1 of 16 Fcmn 3039 1101 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated anther address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to lender until actually received by Lender. If any notice required by this Security instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be consumed as a prohibition against agreement by contract. In the event that any provision or clause of this Security instrument or the Note conflicts. with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gander shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c).the word "may" gives sole discretion without any obligation to take any action. 17. Borrow'er's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 19, "Interest in the Property" mean any legal or beneficial interert in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender 'shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiation of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Aeedention. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or InNime ?I ®-eAtPA) peon cop 12 a to form 3039 1101 • • agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' foes, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Security Instrument, and Borrowers obligation to pay the awns secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified cheek, bank check, treasurers check or cashiers check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loran Servker; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servieer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and airy other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and arc not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section IS shall be deemed t0 satisfy, the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substartas, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or envitatmental protection; (c) "Environmental Cleanup" Includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. nIY et-Galva) 06021 PW I3 m rs Form 3939 1101 Borrower shall not cause or permit the presence, use, disposal, e, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on m in the roperty. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which due to the price, use, or release of a F[arardous Substance, r I o' , a condition that adversely atTdas tfte value of the Pmperty. The preceding two sentences shall not apply to the Isence, use, or storage on the Property of small quantities of Hazardous Substances that are Qetieral recognized to be appropriate to normal residential uses and to maintenance of the Property (including, not limited to, hazardous substances in consumer products). Borrower shall promptly give Lander written notice of (a) any investigNioir'-1W m, demand, lawsuit or other action by any governmental or regulatory agency or privote perty ``nvolving the Pro end any Hazardous Substance or Environmental Law of which Borrower has actual Imowlel (b) any Environmental Condition, including but not limited to, a? spilling, leaking, discharge, release or rent of release of any Hazardous Subatarale, and (c) any condition caused by the piamCo. use or release of a Hazardous Substance which advermly affects the value of the Property. If Borrower learns, or is notified by any govermnennal or regulatory authority, or any private party, that any removal of other remedistion of any Fiazerdous Substance affecting rile Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing heroin shall create any obligation an Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lander fixther covenant and agree as follows: 22. Acceleration; Remedies. Leader shag give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 13 unless Applicable Law provides otherwise). Leader shall notify Borrower of, among other things: (a) the default-, (b) the action required to cure the default; (c) when the default most be cared; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall Amber Inform Borrower of the right to reinstate after acceleration and the tight to assert In the foreclosure proceedio the moo-exielean of a default or any other defense of Borrower to acceleration and foreclosure. 1 the default is not cured as specified, Lender at its option may require Immediate payment in full of all sums snared by this Security Instrument without further demand and may foreclose this Security Instrument by judicial Proceeding. Leader shall be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lander shall discharge and satisfy this Securitx Instrument. Borrower shall pay airy recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Ralnatatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Noe. i ®4A1PAip7071 Pero 14 of is Form 3039 110 1 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: l s ea ANTHONY M. VOGEISB -Borrower (Seal) -Borrower (saw) (Seal) -Borrower -Borrower (sew) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower tk-aA(PA) wsef) Page 15 of Is form 3038 1101 0 • COMMONWEALTH OF PENNSYLVANIA, Q{?st 4iJr.n County as: On Nis, the I 'I day of w? ?t•Y a p? 7 before me, the undersigned officer, personally appeared ,,4/V 1Nt rv`/ /41. 110XirGSONE known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that ha/shelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ?"" ,/ c saes /?cn?zt Y ?vst? t_ Tine of Officer =WONWEALTH OF PENNSYLVANIA NotMal Seal fOdrard E Leonard, Jr., Nolary Pd* Greene Twp.. ftnion Carly INyCommbslcn E*r*sApr.29, 2t1W Certificate or Residence Manlier.Perreyt"AaaoclMn01NoWin 1, , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this day of Agent of Mortgagee 4'1 Qt4A1PA1to4e2) Pg. 16 rto INIbN: Form 3039 1101 • • ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 19th, day of January, 2007 and Is Incorporated Into and shall be deemed to emend and supplement the Mortgage, Dead of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Fremont Investment 6 Loan (the "Lander") of the some date and covering the Property described in the Security Instrument and located at: 11 SOUTH ENOLA DRIVE. Enola. PA 17025 [Property Address) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. INCREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 9.650 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The Interest rate i will pay may change on the first day of February. 2010 and on that day every sixth month thereafter. Each dete on which my interest rate could change Is called a "Change Date." MULTISTATE ADJUSTABLE RATE RIDER - Single Family 4&899R (0402) 1101 paA 1 of 5 Initials: 11 VMP.Mortgege Solutions, c. (800)521-7291 0 • (B) The Index Beginning with the first Change Date, my Interest rate will be based on an Index. The "Index" is: the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in the WALL STREET JOURNAL. The most recent Index figure available as of the date: ®45 days ? before each Change Date Is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new Interest rate by adding Six and 990/1000 percentage points ( 6.990 %) to the CPrrent Index. The Note Holder will then round the result of this addition to the ® Nearest L,,J Next Highest ? Next Lowest one-eighth of one percent point ( 0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Data. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal I am expected to owe at the Change Date in full on the maturity dale at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. ? Interest-Only Period The "Interest-only Period" is the period from the date of this Note through M/A . For the interest-only period, after calculating my new Interest rate as provided above, the Note Holder will then determine the amount of the monthly payment that would be sufficient to pay the interest which accrues on the unpaid principal of my loan. The result of this calculation will be the new mount of my monthly payment. The "Amortization Period" Is the period after the interest-only period. For the amortization period, after calculating my new interest rate as provided above, the Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date In full on the Maturity Date at my new interest rate In substantially equal payments. The result of this calculation will be the new amount of my monthly payment. Initials: 41-999R (0402) Page 2 of 5 0 • (D) ! hrdts on Interest Rate Changes (Please check appropriate boxes; If no box is checked, there will be no maximum limit on changes.) (1) There will be no maximum limit on interest rate changes. (2) The interest rate I am required to pay at the first Change Date will not be greater then 12.650 % or less than 9.650 %. (3) My interest rate will never be increased or decreased on any subsequent Change Date by more then One and 500/1000 percentage points ( 1.5 %) from the rate of interest I have been paying for the preceding period. ® (4) My interest rate will never be greater than 15.650 %, which is called the "Maximum Rate." (5) My interest rate will never be leas than 9.650%, which Is called the "Minimum Rate." ® (6) My interest rate will never be less than the initial interest rate. X (7) The interest rate I am required to pay at the first Change Date will not be greater then 12.650 % or less than 9.650 %. Thereafter, my interest rate will never be increased or decreased on any subsequent Change Date by morethen One and 500/1000 percentage points ( 1.5 %) from the rate of interest 1 have been paying for the preceding period. (q Effective Date of Changes My new Interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. Initials: 889R (0402) Page 3 of 5 B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial Interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if a Borrower is not a natural person and a beneficial interest in Borrower Is sold or transferred) without Lender's prior written consent, Lender may require Immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise Is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender Information required by Lender to evaluate the intended transferee as if a now loan were being made to the transferee; and (b) tender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the data the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Initfal:?(?fY 4q-999R (0402) Page 4 of 5 BY5IGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in fir Is - a "d \ I ' J ?y 4 (Seal) (Seal) AN H M. YOGELS NG -Borrower -Borrower (Seal) (Seal) -Borrow or -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrow or -Borrow er I 4W99R (0402) Page 5 of 5 EXHIBIT B Zucker, Goldberg & Ackerman, LLC XCP-92461-R1 WHEN RECORDED MAIL TO: FIRST AMERICAN TITLE P.O. BOX 27670 SANTA ANA, CA 92799-7670 ATTN: I-NITS PREPARED BY: KIMBERLY BACON WASHINGTON MUTUAL BANK 72.5 BAYMEADOWS WAY JACKSONVILLE, FLORIDA 322.6 17588 ATTN: LMTS L?PI ,tio.: 09-15-1291-030 Loan No. 0756318978 SPACE ABOVE THIS LINE FOR RECORDER'S USE LOAN MODIFICATION AGREEMENT This Loan Modification Agreement ("Agreement") is effective made this 1ST day of JANUARY 2008 , ("Effective Date") between ANTHONY M. VOGELSONG, A SINGLE MAN (hereinafter, "the Borrower"), and WASHINGTON MUTUAL BANK the Note holder and mortgagee. Together, the Borrower and the Trust are referred to herein as "the Parties". RECITALS Me Parties enter into this Agreement with reference to the following stipulated facts: A. On JANUARY 19, 2007 , Borrower purchased, re-financed or otherwise obtained an interest in a certain real property in CUMBERLAND County, PEYNSYLV.4dNIA . In connection with the acquisition of the real property the Borrower delivered a certain promissory note dated JANUARY 19, 2007 , in the original principa(amount of S 97,750.00 ("Note"). B. The Note was and is secured by a deed of trust. mortgage, applicable riders, addenda or other security instrument ("Security Instrument"), dated JANUARY 19, 2007 , and recorded JANUARY 29, 2007 in Book 1980 Page 3539 , in the official records of CUMBERLAND County as a lien against the real property described in the Security Instrument, and located at I1 SOUTH ENOLA DRIVE. ENOLA, PENNSYLVANIA 1702S (the "Subject Property"). and is more particularly described as: FANt7M SPNIODFR Rcv. 03-14-07 Page 1 0756318978 SEE EX11113fT "A" ATTACHED HERETO AND MADE A PART HEREOF; T.4 t 1D #: 09-15-1291430 C. Burrower is the current owner of record of the Subject Property. No other persons or business entities have ownership, management or control of the Subject Property. Borrower has not assigned, transferred, mortgaged or hypothecated the Subject Property, or any fee estate therein, nor the rents, income and profits of the Subject Property as may be Jescribed in the Security instrument, except as set forth in these recitals. D. Borrower has requested that the terms of the Note and Security Instrument be modified. The Parties have agreed to do so pursuant to the terms and conditions stated in this Agreement. AGREEMENT NOW. THEREFORE. in consideration of the mutual promises and agreements exchanged, the Parties hereto agree as follows: 1. Incorporation of Recitals. The Recitals are an integral part of this Agreement and are incorporated by reference herein. Unpaid Principal Balance. The Parties agree that as of JANUARY 1, 2008 , the unpaid principal balance of the Note and the Security Instrument is S 97,540.70 (the "Unpaid Principal Balance"). 3. Capitalization. The Borrower acknowledges that interest on the Unpaid Principal Balance has accrued but has not been paid and the Trust, or the servicer on behalf of the Trust, has incurred, paid or otherwise advanced taxes, insurance premiums and other expenses necessary to protect or enforce the interest of the Note holder or mortgagee and that such accrued and unpaid interest, costs and expenses in the total amount of S 6,986.12 (the "Capitalized Amount") has been added to the indebtedness under the terms of the Note and Security Imstrument, as of JANUARY 1. 2008 4. Modified Principal Balance. When payments resume on FEBRUARY 1, 2008 , the new balance due on the loan will be $ 104,526.82 ("Modified Principal Balance"), which consists of $ 97,540.70 plus S 6,986.12 . Reamortization. The Modified Principal Balance will be reamortized over 349 months. 6. Payment and Interest Adjustments. Interest will be charged on the Modified Principal Balance at the interest rate of 9.750% per cent per annum from JANUARY 1. 2008 until FEBRUARY 1, 2037 . The following terms and provisions of the original Note and Security instrument are forever canceled, null and void, as of the date of this agreement: FAN04 SPNIODFR-2 Rev. E12-12-07 Page'_ 0756318979 a. all terms and provisions of the Note and Security Instrument (if any) providing for or relating to any change or adjustment in the rate of interest payable under the note; and b. all terms and provisions of any adjustable rate rider or other instrument or document that is affixed to or wholly or partially incorporated into, or is a part of, the Note or Security Instrument and that contains any such terms or provision as those referred to in (a) above. 7. Maturity Date. If on FEBRUARY t, 2037 , ("Maturity Date"), Borrower still owes any amounts under the Note, Security Instrument or this Agrceincnt, the Borrower shall pay these amounts in full on the Maturity Date. 8. Payments; Delivery of Payments, The Borrower promises to pay the Modified Principal Balance, plus interest, to the order of WASHINNGTON MUTUAL BANK Borrower(s) shall make the Monthly Payments described as follows, or at such other place that WASHINGTON MUTUAL BANK may designate: WASHINGTON MUTUAL BANK 7255 BAYMEADOWS WAY ATTEN,rim: DEFAULT ALTERNATIVES JACKSONVILLE, FLORIDA 32256 9. Acceleration Upon Unauthorized'fransfer. The acceleration terms under the Note and Security Instrument are incorporated herein by reference. 10. Effect of this Agreement. Except to the extent that they are modified by this Agreement, the Borrower(S) hereby reaffirm all of the covenants, agreements and requirements of the Note and Security Instrument including without limitation, the Borrower's covenants and agreements to make all payments of taxes. insurance premiums. assessments, escrow items, impounds, and all other payments that the Borrower is obliged to make under the Security Instrument. Borrower(s) further agree to be bound by the terms and provisions of the Note and Security Instrument as modified hereby. 11. No Release. Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and/or Security Instrument. Except as expressly provided in this Agreement, all of the terms, covenants, agreements and the Note and Security Instrument will remain unchanged and the Parties will be bound by, and comply with, all of the terns and provisions of the instruments, as amended by this Agreement. 12. Warranties. Borrower does hereby state and warrant that the above described Note is valid and enforceable in all respects and is not subject to any claims, defenses or right of offset or credit except as her:in specifically provided. Borrower does further hereby extend all liens and security interests on all of the Subject Property and any other right% and interests which now or hereafter secure said Note until said Note as modified hereby has been fully paid, and agree that this modification and extension will in no manner impair the Note or any of the liens and security interests securing the same and that all of the liars, equities, rights, remedies and security interests securing said Note shall remain in full force and effect and shall not in any manner be waived. Borrower further agrees that all of the terms, covenants, warranties and provisions contained in the original Note and Security Instrument are now and shall be and remain in full force and effect as therein written, except as otherwise expressly provided herein, until the Note is paid in full and all other obligations under the Security Instrument are fulfilled. FANUM SPMODFN-3 Rev. 02-12{07 Page 3 0756318978 13. Further Assurances. Borrower does further state and warrant that all of the recitals, statements and agreements contained herein arc true and correct and correct and that Borrower is the sole owner of the fee simple title to all of the Subjoct Property securing the Note. 14. Acknowledgment by Borrower. As part of the consideration for this Agreement, Borrower agrees to release and waive all claims Borrower might assert against the Trust and or its agents, and arising from any act or omission to act on the part of the Trust or it's agents, officers, directors, attorneys, employees and any predecessor-in-interest to the Note and Security Instrument, and which Borrower contends caused Borrower damage or injury, or which Borrower contends renders the Note or the Security instrument void, voidable, or unenforceable. This release extends to any claims arising from any judicial foreclosure proceedings or power of sale proceedings if any, conducted prior to the date of this Agreement. Borrowers have and claim no defenses, counterclaims or rights of offset of any kind against Leader or against collection of the Loan. 15. Bankruptcy Considerations. Notwithstanding anything to the contrary contained in this Agreement, the Parties hereto acknowledge the effect of a discharge in bankruptcy that may have been granted to the Borrower prior to the execution hereof and that the Note holder may not pursue the Borrower for personal liability. However, the Parties acknowledge that the mortgageeibeneficiary retains certain rights, including but not limited to the right to foreclose its lien against the Subject Property under appropriate circumstances. The Parties agree that additional consideration for this Agreement is the Trust's forbearance from presently exercising the rights and remedies of the Note holder and mortgagee under the Security Instrument. Nothing herein shall be construed to be an attempt to collect against the Borrower personally or an attempt to revive personal liability, if the Borrower has obtained a discharge of that liability from a United States Bankruptcy Court. [signature pages follow[ FAyDs SPMODFR-4 Rev. 02-12-07 Page 4 0756318978 S) ( 01 ANTHONY M. STA*rE )ss: COUNTY OF?y?_,?? ) on ? _!L before me, the undersigned, a Notary Public in and for said State, personally appeared ANTHONY M. VOGELSONG vj"personally known to me - OR - [.roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Beare subscribed to the within instrument and acknowledged to me that.,hWt#they executed the same in ii rJthcir authorized capacity(ies), and that by i?terRheir signature(s) on the instrument the perSt+n(s), or the entity upon behalf of which the penon(s) acted, executed the instrument. WITNESS my hand and official ?1eal. Sisuttrc of Notary .y commission expires: =SINGEFj, EAL OTARY PUBLIC UPHIN COUNTY S SEPT. 7, 2010 FANDW SPI61ODFR-3 Rev. 02-12.07 Page 3 WASHINGTON MUTUAL BANK By: (name) J"- his ASSISTANT VICE PRESIDENT ('titic) Datc: STATE OF , FLORIDA ) )ss: COUNTY OF DUVAL ) 0756318978 On ) (--V I- , before me. the undersigned, a Notary Public in and for said State, ally apMared '?alie A Matbis [ rsonally known to me - OR - ( proved w me on the ba4is of satisfactory evidence to be the person(s) whose pSm n su bschr/their authorized capacity(ies), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Si of Nutary ,., ,.., ptta.UP GtOEI? •••? ???4' Nptar? pUWla . gtau of ftodea r'1 ?? E S?0 tt, 2ptt ? ! OD 695022 5a??1'... ?,• Cofmissio N010"Y? FA\Dp SPMODFR-e Rev. ()2.124)7 Page 6 0756318978 VOGELSONG 11 SOUTH ENOLA DRIVE ENOLA, PENNSYLVANIA 17025 WASHINGTON MUTUAL BANK NOTICE OF NO ORAL AGREEMENTS THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BF, CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE O U.`WRMEN ORAL AGREEMENTS BETWEEN THE PARTIES. Receipt of Notice. The undersigned hereby admit to having each received and read a copy of this Notice on or before execution of the Loan Agreement. Loan Agreement means one or more promises, promissory notes. agreements. undertaking., security agreements, deeds of trust or other documents, or commitments, or any combination of those actions cntc, pursuant to which a ft cial institution loans or delays repayment of or agrees to loan or delay rep t 711, y. 77,c7i ther thing of v uc or to otherwise extend credit or make a financial accommodation. ANTHONY M. BLWOWer Date Mwowcr Date' Harrower Date t;fx'ftlwlY Date . Date ,r}L1W?7 FANDh FAND033 Rev. 06-11412 VOGELSONG 0756318978 11 SOUTH ENOLA DRIVE ENOCA, PENNSYLVANIA 17025 WASHINGTON MUTUAL. BANK ERRORS AND OMISSIONS . COMPLIANCE AGREEMENT In consideration of WASHINGTON MUTUAL BANK (the "Lender") agreeing to modify the referenced loan (the "Loan") to the Borrower, the Borrower agrees that if requested by the Under, the Borrower will correct, or cooperate in the correction of, any clerical errors made in any document or agreement entered into in connection with the modification of the Loan, if deemed necessary or desirable in the remonable discretion of the Lender, to enable Lender to sell, convey, seek guaranty or market the Loan to any entity, including without limitation, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal Housing Authority, the Department of Veterans Affairs or any municipal bond authority. •fhe Borrower agree., to comply with all such requests made by the Lender within 30 days of receipt of written request from the Lender. Borrower agrees to assume all costs that may be incurred by the Lender, including without limitation, actual expenses, legal fees and marketing tosses, as a result of the Borrower's failure to comply with all such requests within such 30 day time period. The Borrower rukes this agreement in order to assure that the documents and agreements executed in connection with the modif ton of a Loan onform to and be acceptable in the marketplace in the event the Loan is transferred, convey ..t!1RraM rke the Lender. Date Date vate Date Date Date FANDB FAND034 Rev. 06-19-02 MMIBIT "A° Lopf Dtl+sarlpdan ALL THAT CERTAIN tract or parcel of land situate in the Township of East Pennsbom County of Cumberland and State of Pennsylvania bounded and described as follows to wit: BEGINNING at a point on the Southwest corner of Pyne Street and Brick Church (Stag) Road; thence Southwardly along the Western side of Brick Church Road, fifty (50) feet to a point on line of Lot No. 18 on the HereinaBa mentioned plan of Lou and also being lands now or late of Haman a Waggoner, thence Westwardly along same and through the renter of a partition wall and beyond in a line at right angles to Brick Church Road, one hundred and twenty-five feet to a port on the Eastern lime of a sixteen feet wide alley; thence Northwardly along same fifty fat to a point on the Southern line of Pyre Street thence Esswardly along saute in a line at right angles to Bride Church Road one hu x1red and twenty-five feet to a poht% THE PLACE OF BEGINNING. BEING Lou Nos. 19 and 20 on Plan of Moltz's addition. recorded in the Office of the Recorder of Deeds, Cumberland County in Plan Book I Page 2. HAVING erected thereon the Northern half of a two story double Same dwelling house known and numbered as No. I l South Enola Drive (formerly No. I 1 Brick Church Road). BEING THE SAME PREMISES which MARLIN S. VOGELSONG, EXEC. OF THE ESTATE OF MM M M. VOGELSONG by indenture bearing the date of September 21. 1998 and recorded in the Office of the Recorder of Deeds, in and for the County of Cumberland. COMMONWEALTH OF PENNSYLVANIA on September 24, 1998 in Book 185 Page 972 granted and conveyed unto ANTHONY M. VOGELSONG, his Heirs and Assigns, in fee. Parcel No. 09-15-1291-030 PA-3 r VERIFICATION I, Dwnlr Pekusic Specialist (title), authorized representative of Plaintiff depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By: Name: Title: JP M an se Bank, National ociation DW* Pekusic •?pecialist Our File No: Loan No.: Borrower Name: 93176-R1 0756318978 ANTHONY VOGELSONG Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 0 LI'!:7 f f f np +n.5o Pty ATT/ co 3849 Rio OU56/4 }y "°i h Sheriffs Office of Cumberland County R Thomas Kline $y,?IV of cumbE ?? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/26/2009 07:45 P - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 26, 200 at 1945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: Anthony M. Vogelsong, by making known unto himself personally, defends it at 11 S. Enola Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same ti a handing to him personally the said true and correct copy of the same. Address for service at 33 Ann it Drive Enola, Pennsylvania belongs to defendants mother. 05/27/2009 07:45 P - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, estates that on May 26,200 at 1945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within n med defendant, to wit: Anthony M. Vogelsong, by making known unto himself personally, defenda t at 11 S. Enola Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same ti a handing to him personally the said true and correct copy of the same. 05/27/2009 R. Tho as Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inq iry for the within named defendant to wit: Anthony M. Vogelsong, but was unable to locate him in his baili rick. He therefore returns the within Complaint In Mortgage Foreclosure as not found as to the defends t Anthony M. Vogelsong. Address for service at 425 Piketown Road Enola, Pennsylvania 17112 does no exist. SHERIFF COST: May 27, 2009 JPMorga Chase Bank, NA S Anthony A. Vogelsong By. SO ANSWERS, R THOMAS KLINE, SHERIFF ?. ; 1 r ,• •4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, Plaintiff vs ANTHONY M. VOGELSONG Defendant(s). CIVIL DIVISION No.: 09-3288 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: I Hereby certify that the last known address of Defendant(s) is/are: 11 South Enola Drive Enola, PA 17025 L~LLC ~a~~l Attorney for Plaintiff JPMorgan Chase Bank, National Association Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire- Pa I.D.# 55650 Kimberly A. Bonner, Esquire- Pa I.D. #89705 Eric Santos, Esquire- Pa I.D. #201493 Joel A. Ackerman, Esquire- Pa I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: FCP-93176-R1 2 Locker. Go(dber~ & Ackerman, I,1_C FCP-9317(1-R 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association CIVIL DIVISION Plaintiff, vs. ANTHONY M. VOGELSONG Defendant(s). NO.: 09-3288 PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Anthony M. Vogelsong, in the amount of $114,937.59 which is itemized as follows for failure to file an Answer: Principal $103,667.85 Interest through 06/30/09 $5,260.18 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 248.91 Escrow $1,947.50 Miscellaneous $ 63.15 Total $114,937.59 plus interest on the principal sum ($103,667.85) from June 30, 2009, at the rate of $24.85 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKE O DBERG & ACKERMAN, LLC BY: Dated: June 30, 2009 Sco ie teri ire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Eric Santos, Esquire; PA I.D. #201493 Joel A. Ackerman, Esquire; PA I.D. #202729 Attorneys for Plaintiff FCP-93176-R1/pn 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX fucker. Goldberg Sc nekerman, La.C FCl'-9317(1-R 1 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, Kimberly A. Bonner, Esquire, Eric Santos, Esquire, Joel Ackerman, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. ZUCKER OLDBERG & ACKERMAN, LLC Dated: June 30, 2009 By: Scott A. Diet ,Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Eric Santos, Esquire; PA I.D. #201493 Joel A. Ackerman, Esquire PA I.D. #202729 Atty File No.: FCP-93176-R1 Sworn to and subscribed before me This ~~ day of June, 2009 .-~~„ -~ ~ Notary Public My Commission Expires: MARIE LINDNER NOTARY PUBLIC OF NEW JERSEY Commission Expires 10/10/2011 fucker. Goldberg ~ Ackerman, LLC' FCP-9317(-R t Sheriff s Office of Cumberland County R Thomas Kline Sheriff ~a~t~tr. mf 4*iambcr~~~~ r" ~+~ ,- 9FFycE OF F}AE Sk~RIFp Edwazd L Schorpp Solicitor Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/26/2009 07:45 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 26, 2009 at 1945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Anthony M. Vogelsong, by making known unto himself personally, defendant at 11 S. Enola Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. Address for service at 33 Annette Drive Enola, Pennsylvania belongs to defendants mother. 05/27/2009 07:45 PM -Shawn Harrison, Deputy Sheriff, who being duty sworn according to law, states that on May 26, 2009 at 1945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Anthony M. Vogelsong, by making known unto himself personally, defendant at 11 S. Enola Drive Enola, Cumberland County,. Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. 05/27/2009 f~. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Anthony M. Vogelsong, but was unable to locate him in his bailiwick. He therefore returns the within Complaint In Mortgage Foreclosure as not found as to the defendant Anthony M. Vogelsong. Address for service at 425 Piketown Road Enola, Pennsylvania 17112 does not exist. SHERIFF COST: $79.40 May 27, 2009 2009-3288 By JPMorgan Chase Bank, NA v~ Anthony M. Vogelsong SO ANSWERS, R THOMAS KLINE, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association ~ CIVIL DIVISION Plaintiff, vs. N0.:09-3288 ANTHONY M. VOGELSONG Defendant. IMPORTANT NOTICE TO: ANTHONY M. VOGELSONG 11 SOUTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: 6/18/2009 YOU ARE IlQ DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR B Y ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAIl~ST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IIVIPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU D O NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FII~D OUT WHERE YOU CAN GET LEGAL HELP. NOTI~."E TO DEFEl'VIl ~~ L A«~'ERREFERR~.L SER~-TC'E Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association CIVIL DIVISION Plaintiff, vs. N0.:09-3288 ANTHONY M. VOGELSONG Defendant. A~~'ISO IllTPflRT AT~TTE TO: ANTHONY M. VOGELSONG 11 SOUTH ENOLA DRIVE ENOLA, PA 17025 FECHA DEL AVIS0:6/18/2009 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMP.R LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIIvIOS DIEZ (10} DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INIvIEDL4TAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO II~TDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TcODEFFND.~ LA~4-YERREFERR.~L S~R~TC'E Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLD BERG &.ACICERMAN BY: Scott CZ. `~~cettetc~ Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. b. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, PQSTAGE PREPAID 93176-R1 zQ~i~.1il~ -~ ~i~' ~1~ J ~'(~ ~ ;~' ~d ~~~~ as ~ti r~~~ OG~dd'3 ~uhv r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association CIVIL DIVISION Plaintiff, NO.: 09-3288 vs. ANTHONY M. VOGELSONG Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: ANTHONY M. VOGELSONG ( )Plaintiff (X) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on "7~/JQ j ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $114,937.59 plus interest on the principal sum ($103,667.85) from June 30, 2009, at the rate of $24.85 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 5 luckier. Goldberg & nckierrnan, 1.1_C FCE'-9317(1-R 1 ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant. CIVIL DIVISION n r, ~ ~ ~ ~.~ ` o ~ NO.: 09-3288 ~- - ~ ' ^~ r ~ ,. ~~ .D Sheriff Sale #: __, ~ -- ~: _;:~ TYPE OF PLEADING ~= _ 1 - ~ - Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: JPMorean Chase Bank. National Association COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Joel A. Ackerman, Esquire- PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX officeCu~zucker~oldberQ.com File No.: FCP- 93176-R1/ml JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, vs. Plaintiff, ANTHONY M. VOGELSONG Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, N0.:09-3288 vs. ANTHONY M. VOGELSONG Defendant. Pa.R.C.P. RULE 3129(1) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Marie Lindner, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, JPMorgan Chase Bank, National Association, being duly sworn according to law depose and make the following Affidavit regarding the service of PlaintifYs Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Anthony M. Vogetsong, is the record owner of the real property. 2. On or about 6/26/10, Anthony M. Vogetsong was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 11 SOUTH ENOLA DRIVE, ENOLA PA 17025. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about 8/4/10, Plaintiffs counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to rule 3129.1, via First Ciass U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 Finally, the undersigned deposes and says that the Defendant/Owner and all other Parties of Interest were served with Plaintiff's Notice of SherifYs Sale of Real Property in accordance with Pa.R.C.P. 3129.2. Dated: August 5, 2010 Sworn to nd sulbsc ' ed before i th,~a,~,gust, 2010 Pu MY COMMIS~107'b EXPIRES: Gamallelle Geffrard A NOTARY PUBLIC OF NEW JERSEY My commision Expires on 9/26/2013 ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff .-~ . MARIE LINDNER Paralegal/Legal Assistant Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 EXHIBIT A Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 SHERfFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~Q~qN Q~ ~u:robrg~r~,~d Jody S smith ,~ Chief Deputy ~~~~ ~ ,' ~~ x Richard W Stewart Solicitor o~ of ~'~ s~~F JPMorgan Chase Bank, NA vs. Anthony M. Vogelsong Case Number 2009-3288 SHERIFF'S RETURN OF SERVICE 06/26/2010 12:34 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that an 6-26-2010 at 1228 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the properly of Anthony M. Vogelson, located at, 11 South Eno(a Drive, Enola, Cumberland County, Pennsylvania according to law. 06/26/2010 12:34 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to faw, states that on 6-26-2010 at 1228 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Anthony M. Vogelson, by making known unto, John Achenbach, adult in charge, at, i 1 South Enola Drive, Enola, Cumberland County, Pennsylvania its confents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $898.42 July 02, 2010 SO ANSWERS, ""'_ RON R ANDERSON, SHERIFF (CJ CaettySulte SheniF, TelgOSOR, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, CIVIL DIVISION Plaintiff, , vs. N0.:09-3288 ANTHONY M. VOGELSONG , Defendant. , NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 ANTHONY M. VOGELSONG 11 SOUTH ENOLA DRIVE ENOLA, PA 17025 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 09/08/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 11 SOUTH ENOLA DRIVE, ENQLA, PA, 17025 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-3288 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: ANTHONY M. VOGELSONG Zuc~ey Cmldberg & Ac)xnnm~, LLC PCn-93176-R1 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made utiless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TQ YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Curriberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 5herifPs Deed is delivered. Zucker, Goldbcrg & Ackcnnan, LLG FC;P-93176-R1 3. A petition or petitions raising the legal issues or rights mentioned in the Preceding Paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-~3'g~fore presentation of the petition to the Court. A , ,LLC Dated: May 5, 2010 BY: Scott A. ] ' tteric A I.D. #55650 Kimberl A. Bonner, Esquire; PA.I.D. #89705 Joel A. kerman, Esquire; PA I.D. #202729 200 She eld Street, Suite 301 Mountainside, N3 07092 File No.: FCP-93176-R1 (908) 233-8500; (90$) 233-1390 FAX E-mail : Office@zuckergoldberg. com V7A ORDER OF COURT. 7.uckzr, Gt~ldberg ~ Aclenn~n, I.LC FCP-9317G-Rl ~OV 17 2QOS ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANIG, NATIONAL CIVIL DIVISION ASSOCIATION, . N0.:09-3288 Plaintiff, . vs. ANTHONY M. VOGELSONG Defendant. QRDER QF COURT AND NOW, this ~_~-day of _ c F ~~ , 2009, upon consideration of Plauntiffs Motion for Special Service, it is hereby ORDERED, ADJUDGED .- AND DECREED that Plaintiff shall serve its Notice of Sheriff Sale on Defendantts), ANTHONY M. VOGELSONG, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 11 SOUTH ENOLA DRIVE, ENOLA, PA 17025, and by mailing a copy to the Mortgaged Premises, via Certified Mail, no signatiue required and First Class U.S. Mail, Postage Prepaid, with said service bein¢ valid and complete upon such postine and mailintz in accordance with Pa R C P 3129 2 apd 430. BY THE COURT: ~oaa ~ ~r~ J. ' ~x,~. . Tucker, GakJber4 & Ackerrtun, LLC FCR93176-R1 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND STFUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUIWIBERLAND, AND STATE OF PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHWEST CORNER OF PYNE STREET AND BRICK CHURCH (STATE) ROAD; THENCE 50UTHWARDLY ALONG THE WESTERN SIDE OF BRICK CHURCH ROAD, FIFTY 950} FEI$T TO A POINT ON LINE OF LOT NO. 18 ON THE HEREINAFTER MENTIONED PLAN OF LOTS AND ALSO BEING LANDS NOW OR LATE OF HERMAN A WAGGONER, THEI~fiCE WESTWARDLY ALONG SAME AND THROUGH THE CENTER OF A PARTTfION WAI.~L AND BEYOND IN A LINE AT RIGHT ANGLES TO BRICK CHURCH ROAD, ONE HUNDRED AND TWENTY-FIVE FEET TO A POINT ON THE EASTERN LINE OF A SD~TEEN FEET WIDE ALLEY; THENCE NORTHWARDLY ALONG SAME FIFTY FEET TO A POINT ON THE SOUTHERN LINE OF PYNE STREET; THENCE EASTWARDLY ALONG SAME IN A LINE AT RIC"THT ANGLES TO BRICK CHURCH ROAD ONE HUNDRED AND TWENTY-FIVE FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOTS NOS. 19 AND 20 ON PLAN OF MOLTZ'S ADDITION, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS, CUMBERLAND COUNTY IN PLAN BOOK 1 PAGE 2. HAVING ERECTED THEREON THE NORTHERN HALF OF A TWO STORY DOUBLE FRAME DWELLING HOUSE KNOWN AND NUMBERED AS NO. 11 SOUTH ENOLA DRIVE (FORMERLY NO.11 BRICK CHURCH ROAD). HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 11 SOUTH ENOLA DRNE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH MARLiN S. VOGELSONG, EXECUTOR OF THE ESTATE OF MINNIE M. VOGELSONG, BY DEED DATED SEPTEMBER 21,1998 AND RECORDED SEPTEMBER 24, 1998 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 185, PAGE 972, GRANTED AND CONVEYED UNTO ANTHONY M. VOGELSONG. TAX MAP NO.: 09-15-1291.030. Zucker, Goldberg & Ackcrman, LLG FCP-93176-R 1 EXHIBIT B Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 __ "~~ ~ ~ This C«tiBcne of M°Bing wovwa evidawe that ~ hu bem painted w USPS®ror m°iling. 'ihia ram ~ . snd imernedanl ouiL Fro°' Scott A. Dietterick, )squire c/o Zucker, Goldberg & Ackerman, LLC - - 200 Sheffield Street, Suite 301 Mountainside, NJ 0'092 FCP-931 T°` CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 County of P.Q.: CUMBERLAND PS Form 3817, Apri12007 PSN 7530-02-000-9065 •- ~~~ ~ 7'b4 CeMifiwe dMu7ioa P evidence riot mot hu been Prcemted to [1SPS®ror ensiling. 'I'~ sod iManpionsl mail. j -~ P"°0C Scott A. Dietterick, Esquire c% Zucker, Goldbergi & Ackerman, LLC 200 Sheffield Street, taite 301 Mountainside, NJ 07 92 FCP-93176-R1/ml T°` COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ~VV'ELFARE P.O. Box 2675 Harrisburg, PA 1710 County of P.Q.: CUMBE ;AND ... ~ . ._.--.r7-..-~~.-~+.~s. ai..o-....~.. 02 1M ~ ~7•~ _..: . 0004282036 AUG04.201.0 MAILED FROM Z.PCODE 07092 ~F/~ ~~ ~*~~r,~ o ,,,,~~ ` f ~~~ ~~~1~p1~NE-60WPS/~~ 02 1M 0004282036 AUG04 2010 MAILED FROM 2:PCODE 07092 of P.Q. 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OF REVENUE- INHERITANCE TAX DIVISION P° ®~ Dept. 280601 ~' r ~ ~;, ~; Harrisburg, PA 1712$-0601 _ i ... .,.-; '1'Frs CemCiute ofM°~1ing povida evidma t6u mril Au can pesme°a to USPSm for ' ' " 000 42820 36 A11G 0 4 2010 ' ,na imernaion°I m°iL MAILED FROM ZIP 'h°°" Scott A. Dietterick, Esquire __-___._ CODS 0tos2 j -- _---- --- c% Zucker, Goldberg & Ackerman, LLC - -- - ~ 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-93176-R1/ml T°` MERS AS NOMINEE FOR FREMONT INVESTMENT & ~°H"° LOAN P.O. BOX 2026 FLINT MI 48501-2026 County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 ~~ Q~ - ---- __ _ - - _ _ ---- - I This CaMiate of Haling povidn evidence thu mail Ius 6aa piraated w LISPS®tor mail 0 2 ~ M +~ ~1 ~ ~ V- °nd i°tern°tioml mail. rb°` Scott A. Dietteric Es uire .. 0004282036 A0004 ~ff41} , Q IuipILEDfROM ZIPCODE 0?092 c% Zucker, Goldberg., & Ackerman, LLC ~; ~ - - - - 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 FCP-93176-R1/ml ~"~F~E~ y,~~\~'v '~` FREMONT INVEST;N.CENT & LOAN P°s~x«~ 2727 EAST Il1~IPERI~L HIGHWAY, ~ o BREA, CA 92821 ~_ .~, County of P.Q.: CUMBERLAND PS Form 3817, Apri12007 PSN 7330.02-000-9065 _.~ i .~ ry+.~s~ ~ :arnw ii1aL a:RL#.a ~ ~{`,r~ ~"'~~~...,"""^""'PL./iC~+YS~O~M~ES,~p i mid muMW~ng P`°vlaa evidaue th.e m.u n.. bem p~aatea ro usrsm k. v~;ng. ~ ::: , , 0 2 11~A ~ ~i i ^ Lam" _ . ! ~•: f 0004282036 AUG04 2010 1 Scott A. Dietterick, Esquire ~~ ~u~ zpcooE o ~o s2 l c% Zucker, Goldberg 8c Ackerman, LLC __ _ -- --- 200 Sheffield Street,, Suite 301 Mountainside, NJ 07092 FCP-93176-R1/ml T°° EAST PENNSBORO TOWNSHII' ~ ~ 98 S. ENOLA DR ENOLA, PA 17025 A~ County of P.Q.: CUMBERLAND PS Form 3817, April 2007 PSN 7530-02-000-9065 Page 5 of 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA lPMORGAN CHASE SANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, N0.:09-3288 vs. ANTHONY M. VOGELSONG Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129 b TO: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 UNKNOWN SPOUSE 11 SOUTH ENOLA DRIVE ENOLA, PA 17025 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 UNKNOWN TENANT OR TENANTS 11 SOUTH ENOLA DRIVE ENOLA, PA 17025 MERS AS NOMINEE FOR FREMONT' INVESTMENT & LOAN P.O. BOX 2026 FLINT MI 48501-2026 FREMONT INVESTMENT & LOAN' 2727 EAST IMPERIAL HIGHWAY, BREA, CA 92821 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 EAST PENNSBORO TOWNSHIP 98 S. ENOLA DR. ENOLA, PA 17025 Zucker, Goldberg & Ackerman, LLC FCP-93176-R 1 93176-R1D1004C08022010P1 TAKE NOTICE that by virCue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in: the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 On 09/08/2010 at 10:OOam, the following described real estate which Anthony M. Vogelsong are the owners or reputed owners and on which you may hold a lien or have an interest which cou{d be affected by the sale of: 11 SOUTH ENOLA DRIVE, ENOLA, PA 17025 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 93176-R1D1004C08022010P2 The said Writ of Execu#idn has been issued on a judgment in the action of JPMorgan Chase Bank, National Association Plaintiff vs. ANTHONY M. VOGELSONG, et ~I Defendant(s) at EX. N0.09-3288 in the amount of $114937.59 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributipr~s or a Petition to Set Aside the Sale must be filed with the Ofi•ice of the Sheriff no later than ten (10) days''from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. ZtTGKER a'OLDSERG & ACKERMAN LLC Dated: August 2, 2010 BY: Scott A. Dietterick, Esquire; PA I.D. #55650 ', Kimberly A. Bonner, Esquire; PA LD. #89705 Joel A. Ackerman, Esquire; PA LD. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-93176-R1 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC FCP-93176-R1 93176-R1D1004C08022010P3 LEGAL DESCRIPTION ALL THAT CERTAIN TRACTOR RA~tCEI OF LAND SITUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, ANDSTATE OF PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THEJOUTHWEST CORNER OF PYNE STREET AND BRICK CHURCH (STATE) ROAD; THENCE SOUTHWARDLY LONG THE WESTERN SIDE OF BRICK CHURCH ROAD, FIFTY 950) FEET TO A POINT ON LINE OF LOT N0. x,18 ON THE HEREINAFTER MENTIONED PLAN OF LOTS AND ALSO BEING LANDS NOW OR LATE OF HERMq~N A WAGGONER, THENCE WESTWARDLY ALONG SAME AND THROUGH THE CENTER OF A PARTITION WAILL AND BEYOND IN A LINE AT RIGHT ANGLES TO BRICK CHURCH ROAD, ONE HUNDRED AND TWENTY-F~IV~E FEET TO A POINT ON THE EASTERN LINE OF A SIXTEEN FEET WIDE ALLEY; THENCE NORTHWARDLY /LONG SAME FIFTY FEET TO A POINT ON THE SOUTHERN LINE OF PYNE STREET; THENCE EETWARDLY r4~.ONG SAME IN A LINE AT RIGHT ANGLES TO BRICK CHURCH ROAD ONE HUNDRED AND TWENTY-FIVE FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOTS NOS. 19 AND 20 ON PLAN OF MOLTZ'S ADDITION, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS, CUMBERL/~ND COUNTY IN PLAN BOOK 1 PAGE 2. HAVING ERECTED THEREON THE NORTHERN HALF OF A TWO STORY DOUBLE FRAME DWELLING HOUSE KNOWN AND NUMBERED AS NO. 11 SOUTH ENOLA DRIVE (FORMERLY NO. 11 BRICK CHURCH ROAD). HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 11 SOUTH ENOLA DRIVE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH MARLIN S. VOGELSONG, EXECUTOR OF THE ESTATE OF MINNIE M. VOGELSONG, BY DEED DATED SEPTEMBER 21,1998 AND RECORDED SEPTEMBER 24, 1998 IN AND FOR CUMBERLAND COUNTY,'. PENNSYLVANIA, IN DEED BOOK VOLUME 185, PAGE 972, GRANTED AND CONVEYED UNTO ANTHONY M. VOGELSONG. TAX MAP NO.: 09-15-12911-030. Zucker, Goldberg & Ackerman, LLC «Field2»-«Field 1» «Field 1 »D1004C02/12/2008P4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r JPMorgan Chase Bank, NA Case Number vs. 2009-3288 Anthony M. Vogelsong SHERIFF'S RETURN OF SERVICE 06/26/2010 12:34 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 1228 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Anthony M. Vogelson, located at, 11 South Enola Drive, Enola, Cumberland County, Pennsylvania according to law. 06/26/2010 12:34 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 6-26-2010 at 1228 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within `named defendant, to wit: Anthony M. Vogelson, by making known unto, John Achenbach, adult in charge, at, 11 South Enola Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice 'had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Scott Dietterick on behalf of JP Morgan Chase Bank, National Association', of, 7255 Baymeadows Way, Jacksonville, FL 32256 , being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ SHERIFF COST: $956.19 SO ANSWERS, November 08, 2010 RONNY R ANDERSON, SHERIFF i/1-.00 P ® 04L, 0 d - Oo 4 7 0--? 11 Cet -• " ,stet: Ina IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, CIVIL DIVISION Plaintiff, NO.: 09-3288 VS. ANTHONY M. VOGELSONG Defendant. AFFIDAVI'T' PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the reel property located at 11 SOUTH ENOLA DRIVE, ENOLA, PA 17025. 1. Name and Address of Owner(s) or Reputed Owner(s): ANTHONY M. VOGELSONG 11 SOUTH ENOLA DRIVE ENOLA, PA 17025 2. Name and Address of Defendant(s) in the Judgment: ANTHONY M. VOGELSONG 11 SOUTH ENOLA DRIVE ENOLA, PA 17025 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff EAST PENNSBORO TOWNSHIP 98 S. ENOLA DR. ENOLA, PA 17025 Auckcr. Goldberg & Ackerman, [aLC FCC-93176-R 1 w 4. Name and Address of the last record holder of every mortgage of record: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff MFRS AS NOMINEE FOR FREMONT INVESTMENT & LOAN 2727 EAST IMPERIAL HIGHWAY, BREA, CA 92821 AND P.O. BOX 2026 FLINT MI 48501-2026 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest maybe affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle," PA 17013 UNKNOWN TENANT OR TENANTS 11 SOUTH ENOLA DRIVE ENOLA, PA 17025 Zucker, Goldberg & Ackernmi, LIC F(T-93a76-R1 i UNKNOWN SPOUSE i l SOUTH ENOLA DRIVE ENOLA, PA 17025 FA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I and stand that f statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relatin o un sirication to authorities. ZUCKER OL B 8 ? KERMAN,-LLC Dated: May 5, 2010 BY: Scott A. i ttePA I.D. #55650 Kimberly Bonner, Esquire; PA.I.D. #89705 Joel A. A? erman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-93176-R1 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, :LLC FC,P-9317642 I k , Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF EAST PEMNSBORO, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHWEST CORNER OF DYNE STREET AND BRICK CHURCH (STATE) ROAD; THENCE SOUTHWARDLY ALONG THE WESTERN SIDE OF BRICK CHURCH ROAD, FIFTY 950) FEET TO A POINT ON LINE OF LOT NO. 18 ON THE HEREINAFTER MENTIONED PLAN OF LOTS AND ALSO BEING LANDS NOW OR LATE OF HERMAN A WAGGONER, THENCE WESTWARDLY ALONG SAME AND THROUGH THE CENTER OF A PARTITION WAIL AND BEYOND IN A LINE AT RIGHT ANGLES TO BRICK CHURCH ROAD, ONE HUNDRED AND TWENTY-FIVE FEET TO A POINT ON THE EASTERN LINE OF A SIXTEEN FEET WIDE ALLEY; THENCE NORTHWARDLY ALONG SAME FIFTY FEET TO APOINT 'ON THE SOUTHERN LINE OF PYNE STREET; THENCE EASTWARDLY ALONG SAME IN A LINE AT RIGHT ANGLES TO BRICK CHURCH ROAD ONE HUNDRED AND TWENTY-FIVE FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOTS NOS. 19 AND 20 ON PLAN OF MOLTZ'S ADDITION, RECORDED IN THE OFFICE, OF THE RECORDER OF DEEDS, CUMBERLAND COUNTY IN PLAN BOOK 1 PAGE 2. HAVING ERECTED THEREON THE NORTHERN HALF OF A TWO STORY DOUBLE FRAME DWELLING HOUSE KNOWN AND NUMBERED AS NO. I I SOUTH ENOLA DRIVE (FORMERLY NO. I I BRICK CHURCH ROAD). HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 1 I SOUTH ENOLA DRIVE, EIJOLA, PA, 17025. BEING THE SAME PREMISES WHICH MARLIN S. VOGELSONG, EXECUTOR OF THE ESTATE OF MINNIE M. VOGELSONG, BY DEED DATED SEPTEMBER 21, 1998 AND RECORDED` SEPTEMBER 24, 1998 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 185, PAGE 972, GRANTED AND CONVEYED UNTO ANTHONY M. VOGELSONG. TAX MAP NO.: 09-15-1291-030. Zucker; Grol iberg & Ackerman. LL:C FCP-93:176-81 f Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN TRACTOR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHWEST CORNER OF PYNE STREET AND BRICK CHURCH (STATE) ROAD; THENCE SOUTHWARDLY ALONG THE WESTERN SIDE OF BRICK CHURCH ROAD, FIFTY 950) FEET TO A POINT ON LINE OF LOT NO. 18 ON THE HEREINAFTER MENTIONED PLAN OF LOTS AND ALSO BEING LANDS NOW OR LATE OF HERMAN A WAGGONER, THENCE WESTWARDLY ALONG SAME AND THROUGH THE CENTER OF A PARTITION WALL AND BEYOND IN ALINE AT RIGHT ANGLES TO BRICK CHURCH ROAD; ONE HUNDRED AND TWENTY-FIVE FEET TO A POINT ON THE EASTERN LINE OF A SIXTEEN FEET WIDE ALLEY; THENCE NORTHWARDLY ALONG SAME' FIFTY FEET TO A POINT ON THE SOUTHERN LINE OF PYNE STREET; THENCE EASTWARDLY ALONG SAME IN A LINE AT RIGHT ANGLES TO BRICK CHURCH ROAD ONE HUNDRED AND TWENTY-FIVE FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOTS NOS. 19 AND 20 ON PLAN OF MOLTZ'S ADDITION, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS, CUMBERLAND COUNTY IN PLAN BOOK 1 PAGE 2. HAVING ERECTED THEREON THE NORTHERN HALF OF A TWO STORY DOUBLE FRAME DWELLING HOUSE KNOWN AND NUMBERED AS NO. I l SOUTH ENOLA DRIVE (FORMERLY NO. 11 BRICK CHURCH ROAD). HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS I I SOUTH ENOLA DRIVE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH MARLIN S. VOGELSONG, EXECUTOR OF THE ESTATE OF MINNIE M. VOGELSONG, BY DEED DATED SEPTEMBER 21, 1998 AND RECORDED SEPTEMBER 24,1998 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 185, PAGE 972, GRANTED AND CONVEYED UNTO ANTHONY M. VOGELSONG. TAX MAP NO.: 09-15-1291-030. Zucker; Goldbcrg & Ackerman, I.I.C. FC11-93176-R1 x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, CIVIL DIVISION Plaintiff, vs. NO.: 09-3288 ANTHONY M. VOGELSONG : Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 ANTHONY M. VOGELSONG 11 SOUTH ENOLA DRIVE ENOLA, PA 17025 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland. County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 09/08/2010 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 11 SOUTH ENOLA DRIVE, ENOLA, PA, 17025 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-3288 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: ANTHONY M. VOGELSONG Zucker, Goldberg & Ackermwi, L.L,C FC; f'-93176-R 1 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or `agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YO CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. Zucker, Goldberg & Ackeiima?,'LLC FC11-931.76-R 1 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3,?7; bfore presentation of the petition to the Court. („ LLC Dated: May 5, 2010 BY: Scott A. ' aerie k, e, A I.D. #55650 Kimberl A. Bonner, Esquire; PA.I.D. #89705 Joel A. Nckerman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-93176-R1 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA ORDER OF COURT. Zucker, Goldberg & Ackerman, LL,C T CP-93 ] 76-R 1 NOV 17 2009 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CIVIL DIVISION ASSOCIATION, NO.: 09-3288 Plaintiff, vs. .ANTHONY M. VOGELSONG Defendant. ORDER OF COURT AND NOW, this je4Cday ? 68 m ro' , 2009, upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Notice of Sheriff Sale on Defendant(s), ANTHONY M. VOGELSONG, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 11 SOUTH ENOLA DRIVE, ENOLA, PA 17025, and by mailing a copy to the Mortgaged Premises, via Certified Mail, no signature required and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P. 3129.2 and 430. BY THE COURT: I I I "a.6d"L) O .FROM R COR {?t unto'sdy ham at cows, Mod sw Zucker, Goldberg & Ackerman, LLC FCP-93 f 76-R1 Exhibit "A LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHWEST CORNER OF PYNE STREET AND BRICK CHURCH (STATE) ROAD; THENCE SOUTHWARDLY ALONG THE WESTERN SIDE OF BRICK CHURCH ROAD, FIFTY 950) FEET TO A POINT ON LINE OF LOT NO. 18 ON THE HEREINAFTER MENTIONED PLAN OF LOTS AND ALSO BEING LANDS NOW OR LATE OF HERMANA WAGGONER, THENCE WESTWARDLY ALONG SAME AND THROUGH THE CENTER OF A PARTITION WALL AND BEYOND IN A LINE AT RIGHT ANGLES TO BRICK CHURCH ROAD, ONE HUNDRED AND TWENTY-FIVE FEET TO A POINT ON THE EASTERN LINE OF A SIXTEEN FEET WIDE ALLEY; THENCE NORTHWARDLY ALONG SAME FIFTY FEET TO A POINT ON THE SOUTHERN LINE OF PYNE STREET;' THENCE EASTWARDLY ALONG SAME IN A LINE AT RIGHT ANGLES TO BRICK CHURCH ROAD ONE HUNDRED AND TWENTY-FIVE FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOTS NOS. 19 AND 20 ON PLAN OF MOLTZ'S ADDITION, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS, CUMBERLAND COUNTY IN PLAN BOOK 1 PAGE 2. HAVING ERECTED THEREON THE NORTHERN HALF OF A TWO STORY DOUBLE FRAME DWELLING HOUSE KNOWN AND NUMBERED AS NO. I 1 SOUTH ENOLA DRIVE (FORMERLY NO. 11 BRICK CHURCH ROAD). HAVING THEREON ERECTED A DWELLING HOUSE. BEING KNOWN AND NUMBERED AS 11 SOUTHENOLA'DRIVE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH MARLIN S. VOGELSONG, EXECUTOR OF THE ESTATE OF MINNIE M. VOGELSONG, BY DEED DATED SEPTEMBER 21, 1998 AND RECORDED 'SEPTEMBER 24, 1998 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 185, PAGE 972, GRANTED AND CONVEYED UNTO ANTHONY M. VOGELSONG. TAX MAP NO.: 09-15-1291-030 Zucker, Goldberg & Ackennan. LLC; PCT-93 I'76-1:.1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-3288 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff (s) From ANTHONY M. VOGELSONG (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $114,937.59 L.L. Interest from 7/1/09 to date of sale -- $15,257.90 Arty's Comm % Due Prothy $2.00 Atty Paid $1;081.90 Other Costs Plaintiff Paid Date: 5/7/10 '20, David D. Buell, Prothy otary (Seal) By: Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as, 11 South Enola Drive; Eno1a, more fully described on Exhibit "A filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND . Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, alegal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16 July 23 and July _30 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject mutter of the aforesaid notice or advertisement, and that all allegations in the foregoing sta ments as to time, place and character of publication are true. a/- (Li Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 30 of July, 2010 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 writ Nay.: 009-:3288.civil l" _ Any.: c: c . - F: v:,,t_teric .,L_:.,4i7a act or par-, cel of land _ru r.b ii. tr.e Township of East re ,, s ore C,our?tl? o. Cum- ( - berland, and S4a':e of Pennsylvanta; coundac rd d( _°n".ined as follows,. tc vv- f, Pr'i'NNTH1G at a point on the:. south= est corne* Uf Pvnr- 8treat and Br'-rk Chu- 'State) Ri)ad: °hcnce s uthwaj°r aeon- the wester ; sale of Prick Cnarch i n .. ff y 950j feet to a p-,*nt or_ line of Lo` No. IS on the herei.zaitex r-ner-ft"oned plan of 'ots and aiso b-" n- f2.rdf now cr late of He niac F. Waggoner, thence ' =hes rt :1?'t v along tame and through. th= ceiites? of a parlition wall and 17e_?>n,rd in a ]tr_e at --ight angles to Brief. Chu:-cb Rca6,one hundred an,] t-aenL 1\ c e t to a point or ii,c eastern iilr o`a s; ren fee_ `vide a1- les; thenc, north-rardly sa'_ong same fia.; feet to a hoii;t a. the southern line of pvn Street, rhence easr_a ardly alo-n saine in- a lir ° at riot ctng(c,s to 13iick Church Road. one hundred and ±,?et v-h fee,- :o a point, the place of BEGINNING. BEING ots Nos. 19 and 20 on plan :ti Moltz' addition, recorded in the Office cf tlae Recorder of Reeds, Cur- ber and County in Plan Rook I Page _ T `i 1IN SPEC°ED THE Ftla ON the northern half c a ttvo strny doub'e frame dzTcliing house kn.own and numbered as Nc II Sot.th Enola' Drive (forrnerIv 'N,23 . Brick Church R.oadj. r? V 1 N ':H ;RE0N E'RECT&D a d,reiIMg house being hsovvn enci numberer as it Scurh L-nolta..Drive, EnelA, ::PA-, 11025. BEING the sane premises which marlin S. `?ogetsong, executor of the estat,; cf Minnr e M. Vogelsong, by deed dated ,3enternber 21, 1995 and recorded September 24.. 1998 in and for Cumberland County; Permsy-vart a;in Deed Book Volume 185Page !): r„rted and cocas-,-(- unto Avithr v M. Vogetso_tg. TAXMAPNO.: 09 1291-030, the Patriot-Nevus Co. 2020 Technology Pkwy ' r Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE before CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 Sworn Notary Public the ?tatriot•News Now you know f August, 2010 A.D. COMMONWEAL:flri OF PENNSYLVANIA Notarial Seal Sherrie L Kisnor, Notary public Lower Paxton Twp., Dauphin County MY Commission Expires Nov, 2E, 2011 Member, Pennsyiyanla Association oflN tarles 07/16/10 07/23/10 Vnt'No '2009=3288'Civii Terris SPMorgan Chase Bank, NA Vs Anthony M.1logeisong Atty: Scott A Dietterick L THAT CERTAIN TRACT OR PARCEL u' 'LANE) SITIiATE iN THE TOWNSHIP ? 1'r LAST PENINSBORO, COCNT`i ! CUN1.6ERLAND. AND STATE Of, PI_NNSYI_VANTA BOUNDED A:Nl) ?I SCRIBED AS FOLLOWS. TO WIT: N I GINNING AT A ' POINT ON THE, TWEST r L*,NLR Ol P` NE STREET ,',D BRICK CHUR(rl l i> i ,TF) ROAD IIENCE SOUTHWaR_Dn ALONG THE . STERN SIDEOFBRICK CHURCH ROAD - I TY 950) FEET TO A POiNT ON LINT it LOT NO. 18 ON THE HEREINAFTER I NTIONED PLAN OF LOTS AND ALSC >• INGLANDS NOWOKLATEOFHERNIAN WAGGONER.THENCE WBSTPLARDL`' )NG, SAME AND THROUGH THE :'TER OF A PARTITION WALL AN!] i l l '{ON'D IN A LINI3 AT RIGHT' ANGLES TC kl,'ICK CHURCH ROAD ONE HUNDREV y 'y I) TWENTY-FIVE FEET TO A POINT ON I I IF EASTERN LINE OF A SIXTEEN FEET ?ll)E ALLEY; THENCE NORTHWARDLY D)NGSAME F'II FIFTY FEET TO A POINT ON 11. SOUTI?ER.N L[!dE OF PY Vi> ST2j:ET' III:NCE EASTV,"ARDLY ALONG SAN 11, I`•. ',LINE AT RIGHT:A,IGLES TO BRICE LURCH ROAD ONE HIJNDRFD AIX V, I;NTY-F1'v FEET TO A POINT, THE Ii ;CE OF BEGINNING. ,I.I'?GLOTS NOS. I9AND20ON PLAN 01 ?,InLTZ'S ADDITION, RECORDED INTEL 'I I ICE OF THE RECORDER OF DEEDS. I % BERLAN'D COUNT`" IN PLAN BOOK ?`:TNG EREI'ELD THEREON TH,'? VU,"EHERN HALF OF,A TWO STORY ? f BLE FRAME DWEL!.ING HOUSF V WN AND NUMBEPED AS NO. 11 r TFI ?ENOLA DRIV11 rFORAIERLY NO I1BRICKCI1jJWL ROADI, ^v1NG THERLON ERLCTEDA DWEI-:LTN G 1 1i E BEING IuN014'N' AN'D NI'?IBERLD T5 1 i SOUTIIENOL DRIVIL'. ENOLA, R'?., 7025. EYING 1'HE SAME PREAII ES WHICH MARLLN S.VOGLLSONG,EXECUTOR OF I'HE ESTATE, OF MINNIE M. VOGELSONG BY DEED DATED .SEPTEMBER 21. 194k AND RECORDED SEM EMBER 24-11198 !':? AND FOR CUMBERLAND COUiNTT -EVNSYLVANIA, INDEED BOOK VOLNIE I`. PAGE 972, GRANTED AND CONVEYI S ?30 ANTHONY M. VOGELSONG. '?XMAPNO.:09-Ii 1251-030. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which JP Morgan Chase Bank N A is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 7th day of May, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 3288, at the suit of JPMorgan Chase Bank NA against Anthony M Vo elg song is duly recorded as Instrument Number 201032545. IN TESTIMONY WHEREOF, I have hereunto set my hand I-A and seal of said office this _day of A.D.? t rot dCmftCerFrA-PA ecor rofDeeds My Conwn s m expires the t=rd Mondq of Jan. 201#