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HomeMy WebLinkAbout09-41350 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, CIVIL DIVISION NO.: c,)'i - If 135' C".a ?.li.-- Plaintiff, vs. DAVID R. RICHARD; DANIELLLE M. RICHARD Defendants. TO: DEFENDANTS 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. 1 HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 7255 Baymeadows Way Jacksonville, FL 32256 AND THE DEFENDANT: 6,9 Biisbain Lane Enola. PA 17025 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 619 Bllsbain Lane, ENOLA PA 17025 Municipality: East Pennsboro CM a. ATTORNEY FOR PLAINTIFF ATTY FILE NO.: FCP 120938 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: JPMorgan Chase Bank, National Association COT_?NSEL OF RECORD FOR THIS PARTY: ZUCKER,GOLDBERG & ACKERMAN, LLC ,Xcott 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 (908) 233-1390 FAX office@zuckerizoldberiz.com File No.: FCP- 120938/ad Zucker, Goldberg & Ackerman, LLC FCP-120938 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 f3E MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF T[II1 "!-Y (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE OIZ IGINAL 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 %V1. MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN it;'':o.? NEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS 11 HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN A \4 PT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL Zucker, Goldberg & Ackerman, LLC FCP-120938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CIVIL DIVISION ASSOCIATION, NO.: Plaintiff, vs. David R. Richard; Danielle M. Richard Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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 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-120938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL : CIVIL DIVISION ASSOCIATION, NO.: Plaintiff, vs. David R. Richard; Danielle M. Richard Defendants. 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 objections 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 reclamation 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-120938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CIVIL DIVISION ASSOCIATION, ..? NO.: 09- 'q dva l Plaintiff, vs. David R. Richard; Danielle M. Richard Defendants 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. Plaintiff is JPMorgan Chase Bank, as purchaser of the loans and other assets of Washington Mutual Bank, formerly known as Washington Mutual Bank, FA (the'Savings Bank') from the Federal Deposit Insurance Corporation, acting as receiver for the Savings Bank and pursuant to its authority under the Federal Deposit Insurance Act 12 U.S.C. § 1821 (d), as further evidenced by Affidavit of the Federal Deposit Insurance Corporation dated October 2, 2008, recorded in the office of the Director of Records and Licensing, King County, State of Washington on October 3, 2008 with an address of 7255 Baymeadows Way Jacksonville, FL 32256. Zucker, Goldberg & Ackerman, LLC FCP-120938 2. The Defendants, David R. Richard and Danielle M. Richard, are individuals whose last known address is 619 Brisbain Lane, Enola, PA 17025. 3. On or about November 5, 2004, David R. Richard and Danielle M. Richard executed a Note in favor of Washington Mutual Bank, FA in the original principal amount of $180,000.00. 4. On or about November 5, 2004, as security for payment of the aforesaid Note, David R. Richard and Danielle M. Richard made, executed and delivered to Washington Mutual Bank, FA a Mortgage in the original principal amount of $180,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 30, 2004, in Mortgage Book Volume 1889, Page 2409. 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 The real party in interest in the proceeding is JPMorgan Chase Bank, National Association, as purchaser of the loan and other assets of Washington Mutual Bank, formerly known as Washington Mutual Bank, FA (the "Savings Bank") from the Federal Deposit Insurance Corporation, acting as receiver for the Savings Bank and pursuant to its authority under the Federal Deposit Insurance Act 12 U.S.C. § 1821 (d), as further evidenced by Affidavit of the Federal Deposit Insurance Corporation dated October 2, 2008, recorded in the office of the Director of Records and Licensing, King County, State of Washington on October 3, 2008. to , plaintiff herein, pursuant to an assignment of mortgage to be recorded.. Zucker, Goldberg & Ackerman, LLC FCP-120938 6. David R. Richard and Danielle M. Richard, husband and wife are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On or about December 31, 2008, Defendant(s) were 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. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 03/19/2009 Attorneys' Fees Title Search & Costs Late Charges Bad Check/NSF Miscellaneous $195,598.00 $5,543.78 $1,250.00 $2,500.00 $ 439.62 $ 25.00 $ 70.10 Total $205,426.50 plus interest on the principal sum ($195,598.00) from March 19, 2009, at the rate of $29.23 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 $205,426.50, with interest thereon at the rate of $29.23 per diem from March 19, 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-120938 ZUCKER, GO BY: Scott A. Dietterick, E qu 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-120938 f 111 UNN C ou l?1L . AFTER RECORDING RETURN TO: Washington Mutual Same, FA 8163-8170 Bay endows Way. West Jacksonville, FL 32256 A'ITN: DOC OPS, ms: JA3CF Iwo (Space Above This Line For Recording Data) STEWART TITLE GUARANTY COMPANY MORTGAGE 03-9196-068182328-2 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 are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 5, 2004 together with all Riders to this document. (B) "Borrower" is DAVID R RICHARp AND DANIELLE M RICN= HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C)"Lender"is Washington Mutual Bank FA a federal association Lender is a Bank organized and existing under the laws of United Stares of Amel-,ir_a_ Lender's address is: 400 Past in treat Stockton, Cn 95290 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated November 5. 2004 The Note states that Borrower owes Lender One Hundred -Eighty Thousand h oo11 00 Dollars (U.S. $ le o.0o0.oo ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1. 3014 _. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" 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 Instrument, plus interest. PENNSYLVANIA 73238 10"2) Page 7 of t8 03-9196-068182328-2 (G) "Riders" 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 Rider CD 1-4 Family Rider Graduated Payment Rider Planned Unit Development Rider E] Biweekly Payment Rider Balloon Rider 0 Hate Improvement Rider El Second Home Rider Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of lave) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Due's. Fats, sr,d Assessments" means all dues, fees, »sge4smvrits and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds 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. W "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds, whether by way of judgment, settlement or otherwise, paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (!v) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for ([) principal and interest under the Note, plus ([!) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means 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 Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note; and (iii) the performance of all PENNSnVAMA 7323e (0e-02) Page 2 of 18 03-9196-068182328-2 agreements of Borrower to pay fees and charges arising out of the Loan whether or not herein set forth. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 6_? 9 11HiSBA ,Z1LT,gNB? [Street] RNOL.A , Pennsylvania ?a? 25 ("Property Address"): [City] [Zip Code} 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 COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances 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 combines uniform covenants for' national use and 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 late 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 Lender 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 of more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's 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 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or iai3e6 ioeor Page 3 of 18 o3-9196-068182328-2 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 need not pay interest on unapplied funds. 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 offset 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 Lender receives a payment from Borrower for 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 the repayment of the Periodic Payments if, and to the extent that, each payment 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 first to any prepayment charges and then as described in the Note. Any application of payments, insurance 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. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (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 of 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 I); 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 items 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 Funds for any or all Escrow Items 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 7238 roe-02 A 3 Page 4 of IS 03-9196-068182328-2 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 fails 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 under Section 9 to repay to Lender any such amount. Lender 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 are 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 shall be paid on the Funds. Lender 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 funds in accordance with RESPA. If there 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 than twelve 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 twelve monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender 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, leasehold payments or ground rents on the Property, 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 Lender, 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 PENNSYLVANIA page 5 of 78 73235 10"21 03-9196-068182328-2 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. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes 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 Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's 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) a 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 shell also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. if Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Lender may purchase such insurance from or through any company acceptable to Lender including, without limitation, an affiliate of Lender, and Borrower acknowledges and agrees that Lender's affiliate may receive consideration for such purchase. 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 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall beer 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. Alf insurance policies required by Lender and renewals of such polices shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clauses 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 Lender 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 Lender as mortgagee and/or as an additional loss payee. Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title and interest in and to all proceeds from any insurance policy (whether or not the insurance policy PENNSYLVANIA 73235 (06-02) Page 6 of 18 03-9196-068182328-2 was required by Lender) that are due, paid or payable with respect to any damage to such property, regardless of whether the insurance policy is established before, on or after the date of this Security instrument. By absolutely and irrevocably assigning to Lender all of Borrower's rights to receive any and all proceeds from any insurance policy, Borrower hereby waives, to the full extent allowed by law, all of Borrower's rights to receive any and all of such insurance proceeds. Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title and interest in and to (a) any and all claims, present and future, known or unknown, absolute or contingent, (b) any and all causes of action, (c) any and all judgments and settlements' (whether through litigation, mediation, arbitration or otherwise), (d) any and all funds sought against or from any party or parties whosoever, and (a) any and all funds received or receivable in connection with any damage to such property, resulting from any cause or causes whatsoever, including but not limited to, land subsidence, landslide, windstorm, earthquake, fire, flood or any other cause. Borrower agrees to execute, acknowledge if requested, and deliver to Lender, and/or upon notice from Lender shall request, any insurance agency or company that has issued any insurance policy to execute and deliver to Lender, any additional instruments or documents requested by Lender from time to time to evidence Borrower's absolute and irrevocable assignments set forth in this paragraph. In the event of loss, 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 Lender's 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 has been completed to Lender's 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 Lender's 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 mount not to exceed the amounts unpaid i under the Note or this Security instrument, and (b) any other of Borrower's 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. PENNSYLVANIA 73236 108-021 Page 7 of IS 03-9196-068182328-2 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's 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 of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, or remove or demolish any building thereon, allow the Property to deteriorate or commit waste on the Property. Whether or not Bolrrower is residing in the Property, Borrower shall maintain the Property in good condition and, repair in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property in good and workmanlike manner if damaged to avoid further deterioration or damage. Lender shall, unless otherwise agreed in writing between Lender and Borrower, have the right to hold insurance or condemnation proceeds. 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. 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. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's 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. Lender does not make any warranty or representation regarding, and assumes no responsibility for, the work done on the Property, and Borrower shall not have any right to rely in any way on any inspection(s) by or for Lender or its agent. Borrower shall be solely responsible for determining that the work is done in a good, thorough, efficient and workmanlike manner in accordance with all applicable laws. Borrower shall (a) appear in and defend any action or proceeding purporting to affect the security hereof, the Property or the rights or powers of Lender; (b) at Lender's option, assign to Lender, to the extent of Lender's interest, any claims, demands, or causes of action of any kind, and any award, court judgement, or proceeds of settlement of any such claim, demand or cause of action of any kind which Borrower now has or may hereafter acquire arising out of or relating to any interest in the acquisition or ownership of the Property. Lender shall not have any duty to prosecute any such claim, demand or cause of action. Without limiting the foregoing, any such claim, demand or cause of action arising out of or relating to any interest in the acquisition or ownership of the Property may include (i) any such injury or damage to the Property including without limit injury or damage to any structure or improvement situated thereon, (ii) or any claim or cause of action in favor of Borrower which arises out of the transaction financed in whole or in part by the making of the loan secured hereby, (iii) any claim or cause of action in favor of Borrower (except for bodily injury) which arises as a result of any negligent or improper construction, installation or repair of the Property including without limit, any surface or subsurface thereof, or of any building or structure thereon or (iv) any proceeds of insurance, whether or not required by Lender payable as a result of any damage to or otherwise relating to PENNSYLVANIA 73236 108-021 Page 8 of 18 03-9196-068182328-2 the Property or any interest therein. Lender may apply, use or release such monies so received by it in the same manner as provided in Paragraph 5 for the proceeds of insurance. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in 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 Lender's interest in the Property 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 over 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. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over 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 locks, replace or board' up doors 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. 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 payment. 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 shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases 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 cost 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 ceased to be in effect. Lender will accept, use and retain PENNSYLVANIA 13236 lMCZ Page 9 of 18 03-9196-068182328-2 these 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 payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower 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-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender 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 rate 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 parties that share or modify their risk, or reduce losses. These agreements are on terms 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 reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid 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. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were uneamed at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds: Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to PENNSYLVANIA 73236 (0"21 Page 10 of 18 03-9196-068182328-2 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 excess, 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 tonal 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 loss 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 due. If the Property 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 given, 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 then 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 judgement, 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 dismissed with a ruling that, in Lender's judgement, precludes forfeiture of the Property or other material impairment of Lender's 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. PENNSYLVANIA 73236106-021 Page 11 of 18 03-9196-068182328-2 12. Borrower Not Released; Forbearance By Lender Not a Waiver. This Security Instrument cannot be changed or modified except as otherwise provided herein or by agreement in writing signed by Borrower, or any Successor in interest to Borrower and Lender. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest 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 including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. No waiver by Lender of any right under this Security Instrument shall be effective unless in writing. Waiver by Lender of any right granted to Lender under this Security Instrument or of any provision of this Security Instrument as to any transaction or occurrence shall not be deemed a waiver as to any future transaction or occurrence. 13. Joint and Several Liability; Co-signers: Successors and Assigns Bound. 'Borrower covenants and agrees that Borrower's 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 mortgage, 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 Lender 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-signer's consent. Subject to the provisions of Section 18, 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 Instrument. 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 as 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. Borrower shall pay such other charges as Lender may deem reasonable for services rendered by Lender and furnished at the request of Borrower, any Successor in interest to Borrower or any agent of Borrower. 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 fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a taw which sets maximum loan. 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 sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose PENNSYLVANIA 73230 (08-02) Page 12 of IS 03-9196-068182328-2 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 any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. 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 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 i'toperty Address unless Borrower has de9iynatud a substitute notice address by notice to Lender. Borrower shall promptly notify [;ender 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 anyone time. Any notice to Lender shall be given by delivering it or mailing it by first class mail to Lender's address stated herein unless Lender has designated another 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 construed 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 gender 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. Borrower'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 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 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. PENNSYLVANIA 73238 (08.021 Page 13 of IS 03-9196-068182328-2 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 expiration 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 Acceleration. 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 judgement 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 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums 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 check, bank, check, treasurer's check or cashier's 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 Loan Servicer; 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 Servicer 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 any 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 are 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 PENNSYLVANIA 73236 (08-021 Page 14 of 18 03-9196-068382328-2 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 18 shall be deemed to 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 substances, 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 federai laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental 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, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the, Property. 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 presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substance in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which' Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use, or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shalt promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall 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 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured: and (d) that failure to cure the default on or before the data specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after KRUSYLVA A 73236 MMM Page 15 of 18 03-9196-068182328-2 acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender 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 extend permitted by Applicable Law. If Borrower or any successor in interest to Borrower files for has filed against Borrower or any successor in interest to Borrower) a bankruptcy petition under Title 11 or any successor title of the United States Code which provides for the curing of prepatition default due on the Note, interest at a rate determined by the Court shall be paid to Lender on post-petition arrears. 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, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is not prohibited by 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. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sherriff's 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 Note. PENNSYLVANIA 7323e (0e-02) Page 16 of 18 03-9196-068182328-2 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. ID R RICHARD ' X DANIELLE M RICHARD (Space Below This Line For Acknowledgment) 1 certify that the address of the foregoing mortgagee is: Lender Representative/Title Date PENNSYLVANIA 7323a (0"2) Page 17 of 18 03-9196-068182328-2 COMMONWEALTH OF PENNSYLVANIA, County ss: he ??tag of d 11 before me, ?G the undersigned officer, personally' appeared known to me (or satisfactorily proven) to be the pr erso,nwhose name;?5- 41e subscribed to the within instrument and acknowledged that ' , yE? executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: Q-11.3`6 Title o lcer 73236,08421 Page 18 of 18 All that certain lot of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a point on the eastern dedicated right-of-way line of Brisbain Lane at the dividing line of Lot No. 36 and Lot No. 37 on the hereinafter mentioned Plan of Lots; thence, by line of Lot No. 36, north eighty five (85) degrees forty three (43) minutes twenty four (24) seconds East, one hundred (100) feet to a point; thence, by lands now or late of Ronald G. Gates, south four (4) degrees sixteen (16) minutes thirty six (36) seconds East, eighty five (85) feet to a point; thence, by line of other lands of Westwood Hills, south eighty five (85) degrees forty three (43) minutes, twenty four (24) seconds West, one hundred (100) feet to a point on the eastern right-of-way line of Brisbain Lane; thence, by said right-of-way north four (4)degrees sixteen (16) minutes thirty six (36) seconds West, eighty five (85) feet to a point at the dividing line of Lot No. 36 and Lot No. 37, the place of Beginning. Being Lot No. 37 on the Final Subdivision Plan for Westwood Hills, Phase IV, as recorded to Plan Book 81, Page 105, and Subject to restrictions, conditions and easements as set forth on the above mentioned Subdivision Plan, and Being the same premises which Village Homes at Westwood Glen, Inc.,- a Penna. Corporation, by its deed dated October 10, 2003, and recorded October 16, 2003, in the Office of the Recorder of deeds in and for the county of Cumberland, to Record Book 259, Page 4606, granted and conveyed unto David R. Richard and Danielle M. Richard, husband and wife, Mortgagors herein. ADJUSTABLE RAVE RIDER (12-MTA Index - Payment and Rate Caps) 03-9195-068182328-2 THIS ADJUSTABLE RATE RIDER is made this stl, day of November` 20Q4 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed 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 Washington Mutual Bank, FA (the "Lender") of the same date and covering the property described in the Security Instrument and located at: (Property Address) THIS RIDER CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. MY MONTHLY PAYMENT INCREASES WILL HAVE LIMITS WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY BEING LARGER THAN THE AMOUNT I ORIGINALLY BORROWED, BUT NOT MORE THAN 1251 OF THE ORIGINAL AMOUNT (OR $ 225, 000.00 ). MY INTEREST RATE CAN NEVER EXCEED THE LIMIT STATED IN THE NOTE AND RIDER. A BALLOON PAYMENT MAY BE DUE AT MATURITY. 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 Interest will be charged on unpaid Principal until the full amount of Principal has been paid. Up until the first day of the calendar month that immediately precedes the first payment due date set forth in Section 3 of the Note, I will pay interest at a yearly rate of 4.195 %. Thereafter until the first Change Date (as defined in Section 4 of the Note) I will pay interest at a yearly rate of 1. o00 %. The interest rate I will pay will thereafter change in accordance with Section 4 of the Nate. Section 4 of the Note provides for changes in the interest rate and monthly payment as follows: 32843111-01) Page 1 of 5 03-9196-068182328-2 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st _ day of _ Ja?arv. 2005 , and on that day every month thereafter. Each such day is called a "Change Date". (B) The Index On each Change Date, my interest rate will be based on an Index. The "Index" is the Twelve-Month Average, determined as set forth below, of the annual yields on actively traded United States Treasury Securities adjusted to a constant maturity of one year as published by the Federal Reserve Board in the Federal Reserve Statistical Release entitled "Selected Interest Rates (H.15)" (the "Monthly Yields*). The Twelve-Month Average is determined by adding together the Monthly Yields for the most recently available twelve months and dividing by 12. The most recent Index figure available as of the date 15 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 which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Interest Rate Change Before each Change Date, the Note Holder will calculate my new interest rate by adding Two & Six-Tenths percentage points -;-§oq-% ("Margin") to Current Index. The Note Holder will then round the result of this addition to the nearest one thousandth of one percentage point (0.001%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. In the event a new Index is selected, pursuant to paragraph 4(B), a new Margin will be determined. The new Margin will be the difference between the average of the old Index for the most recent three year period which ends on the last date the index was available plus the Margin on the last date the old Index was available and the average of the new Index for the most recent three year period which ends on that date (or if not available for such three year period, for such time as it is available). The difference will be rounded to the next higher 1/B of 1 %. (D) Interest Rata Limit My interest rate will never be greater than 9.2so % ("Cap"), except that following any sale or transfer of the property which secures repayment of this Note after the first interest rate Change Date, the maximum interest rate will be the higher of the Cap or 5 percentage points greater than the interest rate in effect at the time of such sale or transfer. (E) Payment Change Dates Effective every year commencing January 1 20x6 and on the same date each twelfth month thereafter ("Payment Change Date"), the Note Holder will determine the 32843 (11411 Page 2 of 5 03-9196-068182328-2 amount of the monthly payment that would be sufficient to repay the projected Principal balance 1 am expected to owe as of the Payment Change Date in full on the maturity date at the interest rate in effect 45 days prior to the Payment Change Date in substantially equal payments. The result of this calculation is the new amount of my monthly payment, subject to Section 4(F) below, and I will make payments in the new amount until the next Payment Change Date unless my payments are changed earlier under Section 4(H) of the Note. (F) Monthly Payment Limitations Unless Section 4(H) and 4(I) below apply, the amount of my new monthly payment, beginning with a Payment Change Date, will be limited to 7 112% more or less than the amount I have been paying. This payment cap applies only to the Principal Payment and does not apply to any escrow payments Lender may require under the Security Instrument. (G) Changes in My Unpaid Principal Due to Negative Amortization or Accelerated Amortization Since my payment amount changes less frequently than the interest rate andl since the monthly payment is subject to the payment limitations described in Section 4(F), my monthly payment could be less or greater than the amount of the interest portion of the monthly payment that would be sufficient to repay the unpaid Principal I owe at the monthly payment date in full on the maturity date in substantially equal payments. For each month that the monthly payment is less than the interest portion, the Note Holder will subtract the monthly payment.from the,amount of the interest portion and will add the difference to my unpaid Principal, and interest will accrue on the amount of this difference at the current interest rate. For each month that the monthly payment is greater than the interest portion, the Note Holder will apply the excess' towards a Principal reduction of the Note. (H) Limit on My Unpaid Principal; Increased Monthly Payment My unpaid Principal can never exceed a maximum amount equal to 125t of the principal amount original borrowed. In the event my unpaid Principal would otherwise exceed that 125ik limitation, I will begin paying a new monthly payment until the next Payment Change Date notwithstanding the 7 112% annual payment increase limitation. The new monthly payment will be an amount which would be sufficient to repay my then unpaid principal in full on the maturity date at my interest rate in effect the month prior to the payment due date in substantially equal payments. (1) Required Full Monthly Payment On the FIFTH anniversary of the due date of the first monthly payment, and on that same day every FIFM_ year thereafter, the monthly payment will be adjusted without regard to the payment cap limitation in Section 4(F). Wl Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in the amount of my 32843 0 1.0+1 Page 3 of 6 03-9196-068182328-2 monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any questions I may have regarding the notice. (K) Failure to Make Adjustments if for any reason Note Holder fails to make an adjustment to the interest rate or payment amount as described in this Note, regardless of any notice requirement, I agree that Note Holder may, upon discovery of such failure, then make the adjustment as if they had been made on time. I also agree not to hold Note Holder responsible for any damages to me which may result from Note Holder's failure to make the adjustment and to let the Note Holder, at its option, apply any excess monies which 1 may have paid to partial prepayment of unpaid "Principal." B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 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 beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) 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 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 new loan were being made to the transferee: (b) Lender reasonably determines that i 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 Agreement or other obligations related to the Note or other loan document is acceptable to Lender, (d) Assuming party executes Assumption Agreement acceptable to Lender at its sole choice and discretion, which Agreement may include an increase to Cap as set forth below and (d) payment of Assumption Fee if requested by 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, and Lender may increase the maximum interest rate limit to the higher of the Cap or 5 percentage points greater than the interest rate in effect at the time of the transfer. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the 32843 (11-01) Page 4 of g 03-9196-068182328-2 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 has entered into a written assumption agreement with transferee and formally releases Borrower. 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 expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. Borrower agrees to execute any document necessary to reform this Agreement to accurately reflect the terms of the Agreement between Borrower and Beneficiary or if the original Note, Trust Deed or other document is lost, mutilated or destroyed. AVID R RICHARD X -?. DANIELLARIMk?\ 32843411-071 Page 5 of 5 11-09-2004 10:39AM FRO1F 0 i717639304T • T-021 P.017/021 F-995 AFTER RECORDING RETURN T0: Wadda" Ahmd Bask FA s t6MI70 aWtowdows Way. West JadCsomaie. FL 32256 ATTN: DOC OPS, MS: JAXF 1000 [Space Above This Line For Recording Data) STEWART TITLE GWMAPT1r CaMPANY MORTGAGE 03-9196-068187328-7 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 are also provided in Section 16. (A) "Security Instrument' means this document, which Is dated November 5, 2004 together with all hiders to this document. (B) 'Borrower" Is g&tr*r+ v n7nwavn ?» DAUTLEI,LB M RIn ttassANa Atlh wIi7E Borrower Is the mortgagor under this Security instrument. (C) "Lender' Is Washington Mutual Bank, PA a federal aaaoc U n Lender is a 8 *ac organized and existing under the Wows of _ United etates of America Lender's address is: ?On Bast Main Atr?* Rteckten CIL 952gD - Lender Is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated N ber c 20o4 The Note states that Borrower owes Lender Mg-xuadr d sig= Thousand s oo/Too Dollars IU.S. $ iso.aoo,00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than neawber 1._2034 . (E) -Property' means the propenry that Is desoribed below under the heading "Transfer of Rights in the Property." (F) 'Loan' 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 Instrument, plus interest. 7e W-021 Page 1 M 1 o 11-00-2004 10:36AM FROM- • +TI70363047 . T-021 P.016/021 F-666 I 03-9196-068182328-2 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. -0Mkv2b R RxamL4D '!- n>sra-r LLE N A1CRRan (Space Below This Line For Acknowledgment) I certify that the address of the foregoing mortgagee is: Lender Representative/Title Date vaasrcvuw r 731138 peal! Pepe 17 at 18 I1-01-2004 10:36AM FROM- is ?i176363047 0 T-021 P.011/021 F-666 ADJUSTABLE RATE RIDER 02-MTA Index - Payment and Rate Caps) 03-9196-060302326-2 THIS ADJUSTABLE RATE RIDER is made this Sth day of mcgImm r. 2goa and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deedof Trust, or Security Deed (the *Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower'e Adjustable Rate Note (the "Note') to Washington mutual Sank, FA (the "Lander") of the some date and covering the property described In the Security Instrument and located at: (Property Address) THIS RIDER CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. MY MONTHLY PAYMENT INCREASES WILL HAVE LIMITS WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY BEING LARGER THAN THE AMOUNT I ORIGINALLY BORROWED, BUT NOT MORE THAN 125$ OF THE ORIGINAL AMOUNT (OR 6 223,000.00 )- MY INTEREST RATE CAN NEVER EXCEED THE LIMIT STATED IN THE NOTE AND RIDER. A BALLOON PAYMENT MAY BE DUE AT MATURITY. 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 Interest will be charged on unpaid Principal until the full amount of Principal has been paid. Up until the first day of the calendar month that immediately precedes the first payment due date set forth In Section 3 of the Now, I will pay interest at a yearly rate Of 4.195 %. Thereafter until the first Change Date (as defined in Section 4 of the Note) I will pay Interest at a yearly rate of i.ooo %. The Interest rate I will pay will thereafter change In accordance with Section 4 of the Note. Section 4 of the Note provides for changes In the Interest rate and monthly payment as follows: 33843111-911 Page 1 of 5 41-06-2004 10:30AM FROM 0 +TIT636304T • T-021 P.020/011 F-665 03-9196-068182338-2 amount of the monthly payment that would be sufficient to repay the projected Principal balance I am expected to owe as of the Payment Change Date in full on the maturity dote at the interest rate in effect 45 days prior to the Payment Change Date in substantially equal payments. The result of this calculation is the new amount of my monthly payment, subject to Section 4(F) below, and 1 will make payments In the new amount until the next Payment Change Date unless my payments are changed earlier under Section 4(H) of the Note. (F) Monthly Payment Limitations Unless Section 44H) and 4(4) below apply, the amount of my new monthly payment, beginning with a Payment Change Date, will be limited to 7 112% more or less than the amount I have been paying. This payment cap applies only to the Principal Payment and does not apply to any escrow payments Lender may require under the Security Instrument. (G) Changes in My Unpaid Principal Due to Negative Amortization or Accelerated Amortization Since my payment amount changes less frequently then the interest rate and since the monthly payment is subjeL- to the payment limitations described In Section 4(>:), my monthly payment could be less or greater then the amount of the interest portion of the monthly payment that would be sufficient to repay the unpaid Principal I owe at the monthly payment date in full on the maturity data in substantially equal payments. For each month that the monthly payment Is less than the interest portion, the Note holder will subtract the monthly payment from the amount of the Interest portion and will add the difference to my unpaid Principal, and Interest will accrue on the amount of this difference at the current Interest rate. For each month that the monthly payment Is greater than the interest portion, the Note Holder will apply the excess towards a Principal reduction of the Note. (H) Limit on My Unpaid Principal, Increased Monthly Payment My unpaid Principal can never exceed a maximum amount equal to 125? of the principal amount original borrowed. In the event my unpaid Principal would otherwise exceed that ?act< limitation, I will begin paying a new monthly payment until the next Payment Change Date notwithstanding the 7 1/2% annual payment Increase limitation. The now monthly payment will be an amount which would be sufficient to repay my than unpaid principal in full on the maturity date at my interest rate In effect the month prior to the payment due date in substantially equal payments. (if Required Full Monthly Payment On the F.& anniversary of the due date of the first monthly payment, and on that same day every _ZlgM year thereafter, the monthly payment will be adjusted without regard to the payment cap limitation in Section 4(F). (J) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in the amount of my axes m-011 P*" 3 of a ??'ur-i0o4 i0:38AY FROM. r • +TITB3B3047 7-021 P.021/021 F-865 i 03-9196-06818x328'2 transferee to keep all the promises end 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 has entered into a written assumption agreement with transferee and formally releases Borrower. 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 aft sums secured by this Security Instrument. If Borrower falls 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider- Borrower agrees to execute any document necessary to reform this Agreement to accurately reflect the terms of the Agreement between Borrower and genefidfsry or if the original Note, Trust Deed or other document is lost, mutilated or destroyed. - fa DAMIELLS M RXCID= r 326-3 111 as1 P*96 6 of 5 VERIFICATION Martins Speeialisf (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. Zucker, Goldberg & Ackerman, LLC FCP-120938 J 7 r 2 Ad. Cl?, ???.sv ck y I Lr'? Sheriffs Office of Cumberland County R Thomas Kline c61#16, Sheriff rt ?f FILED FdrW8 L Schorpp OF THE F r r „ r ! „ itor ,nTA, Ronny R Anderson 2009 o! Chief Deputy i?J?' Imith Civil Process Sergeant JPMorgan Chase Bank, NA i i • a'r?i vs. y, David R. Richard ?a?'1titi ber 2009-4135 SHERIFF'S RETURN OF SERVICE 06/18/2009 R. 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: David R. Richard, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 06/18/2009 R. 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: Danielle M. Richard, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 06/26/2009 Dauphin County Return: And now, June 26, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for David R. Richard the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. As per Crystal Richard the defendant does not live at this address. 06/26/2009 Dauphin County Return: And now, June 26, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Danielle M. Richard the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. As per Crystal Richard the defendant does not live at this address. 06/27/2009 08:40 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2009 at 2040 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David R. Richard, by making known unto Danielle M. Richard, wife of defendant at 619 Brisbain Lane Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/27/2009 08:40 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2009 at 2040 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Danielle M. Richard, by making known unto herself personally, defendant at 619 Brisbain Lane Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $66.50 SO ANSWERS, June 30, 2009 R THOMAS KLINE, SHERIFF Deputy Sh r'i f entfirg Of Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania JPMORGAN CHASE BANK, NATIONAL ASSOCIATION County of Dauphin VS DAVID R RICHARD Sheriffs Return No. 2009-T-1737 OTHER COUNTY NO. 20094135 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for DAVID R RICHARD the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JUNE 26, 2009. AS PER CRYSTAL RICHARD, DEFT MOVED AFTER DIVORCE Sworn and subscribed to before me this 1 ST day of July, 2009 NOTARIAL SEAL EM RY JANE SNYDER Notary Publi Highspire, Dauphin County Commission Expires Set 1 2010 So Answers, '41°i? . Sheriff of Daunhita Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $68.5 6/19/2009 ? .> of thr Mary Jane Snyder Real Estate Depu y William T. Tully Solicitor • Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick sheriff Commonwealth of Pennsylvania County of Dauphin JPMORGAN CHASE BANK, NATIONAL ASSOCIATION VS DAVID R RICHARD Sheriffs Return No. 2009-T-1737 OTHER COUNTY NO. 20094135 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for DANIELLE M RICHARD the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JUNE 26, 2009. AS PER CRYSTAL RICHARD DEFT DOES NOT LIVE AT THIS ADDRESS Sworn and subscribed to before me this 1 ST day of July, 2009 Al NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Ex fires Set 1 2010 So Answers, Sheriff of -Damn Vin-( By .0?04P'eO07::? Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $68.5 6/19/2009 Mary Jane Snyder Real Estate Depuy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania JPMORGAN CHASE BANK, NATIONAL ASSOCIATION County of Dauphin VS • DAVID R RICHARD Sheriffs Return No. 2009-T-1737 OTHER COUNTY NO. 20094135 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for DANIELLE M RICHARD the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JUNE 26, 2009. AS PER CRYSTAL RICHARD DEFT DOES NOT LIVE AT THIS ADDRESS Sworn and subscribed to before me this 26TH day of June, 2009 i NOTARIAL SEAL ARY JANE SNYDER Notary publi Highspire, Dauphin County M Commission Ex fires Se t 1 2010 So Answers, Sheriff o , r ByG c Deputy Sheriff Deputy: W CONWAY Sheriffs costs: $68.5 6/19/2009 (ptli3tt, of thv Mary Jane Snyder Real Estate Depu William T. Tully Solicitor igh Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin JPMORGAN CHASE BANK, NATIONAL ASSOCIATION VS DAVID R RICHARD Sheriff s Return No. 2009-T-1737 OTHER COUNTY NO. 20094135 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for DAVID R RICHARD the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JUNE 26, 2009. AS PER CRYSTAL RICHARD, DEFT MOVED AFTER DIVORCE Sworn and subscribed to before me this 26TH day of June, 2009 11??Al NOTARIAL SEAL ARY JANE SNYDER, Notary Public Highspire, Dauphin County [My Commission Expires Set 1 2010 Y Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $68.5 6/19/2009 So Answers, ??°e ? Sheriff of Da j?V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION r vs Defendants. File No. 09-4135 Civil TO THE PROTHONOTARY OF THE SAID COURT: Amount Due $219,452.55 Interest from 06/29/2010 to date of sale $9,9.66 ~ ~ `=' © n COStS ri'~ ~ i' C _. . r it -T1 r : ' = -. ~ , r i~_ t_. - ~'^ 1 ~ 4r` ; `:t~ , , cr: -< The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list): and all other property of the defendant(s) in the possession, custody or control (Indicate) Index this writ against the garnishee(s) as a lis defendant(s) described in the attached exhibit. DATE: June 28.2010 8 ~,y, ad P ~ a.,~-., ck.# ~0~04 /L~ ~.Y~/.~/ ~'/y,oo cosh RG ~ << s~4- S' 7 ~, Sv ~~ ~~ s ~. so P°'L "'fir ~ l 8'S:.S~ P~ ~'~r Signature: Print Name: Scott the said garnishee(s). s,again i Kimbe y A Bonner, Esquire Joel Ace an, Esquire Address: Zucker, ldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No.: 55650 89705 202729 locker-, C;rridhcrt< K .~lckcnrrm, (.L(' g~a...ba yw~ ,~ , s d ~ w~ ~-~- JPMorgan Chase Bank, National Association, Plaintiff, David R. Richard; Danielle M. Richard Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF BRISBAIN LANE AT THE DIVIDING LINE OF LOT #36 AND LOT #37; THENCE BY LINE OF LOT #36 NORTH EIGHTY-FIVE DEGREES FORTYTHREE MINUTES TWENTY-FOUR SECONDS EAST (N 85 DEGREES 45' 24" E), ONE HUNDRED AND ZERO HUNDREDTHS (100.00 FEET TO A POINT; THENCE BY LINE OF LANDS NOW OF FORMERLY OF RONALD G. GATES SOUTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SF.,CONDS EAST (S 04 DFGRF,F,S 16' 36" F,), F,iGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT; THENCE BY LINE OF OTHER LANDS OF WESTWOOD HILLS, SOUTH EIGHTY-FIVE DEGREES FORTY-THREE MINUTES TWENTY- FOUR SECONDS WEST (S 85 DEGREES 43' 24" W), ONE HUNDRED AND ZERO HUNDREDTHS (100.00) FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE BRISBAIN LANE; THENCE BY SAID RIGHT-OF-WAY NORTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS WEST (N 04 DEGREES 16' 36" W), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT AT THE DIVIDING LINE OF LOT #36 AND LOT #37, THE PLACE OF BEGINNING. BEING LOT #37 ON THE FINAL SUBDIVISION PLAN FOR WESTWOOD HILLS, PHASE IV, RECORDED IN PLAN BOOK 81, PAGE 106. SUBJECT TO RESTRICTIONS, CONDITIONS AND EASEMENTS AS SET FORTH ON THE ABOVE MENTIONED SUBDIVISION PLAN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED A5 619 BRISBAIN LANE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 10, 2003 AND RECORDED OCTOBER 16, 2003 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 259, PAGE 4606, GRANTED AND CONVEYED UNTO DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE. TAX MAP NO.: 09-12-2992-222. %ucker, Gi,ldbera, & Arkcnnan, IJ.C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, CIVIL DIVISION Plaintiff, NO.: 09-4135 Civil vs. David R. Richard; Danielle M. Richard ~ • Defendants. ~ ~s ~ ~ ~ ~-- ` S J --+ • - ~' G' :: j '-; tT~ .~--C. _ • - 3-. ~~ ~ ~.. ~: ,... 1 "rr AFFIDAVIT PURSUANT TO RULE 3129.1 ~.~ ' ~• ~ '~~j ==~ 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 real property located at 619 Brisbain Lane, ENOLA, PA 17025. 1. Name and Address of Owner(s) or Reputed Owner(s): DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE 619 Brisbain Lane Enola, PA 17025 2. Name and Address of Defendant(s) in the Judgment: DAVID R. RICHARD 619 Brisbain Lane Enola, PA 17025 DANIELLE M. RICHARD 619 BRISBAIN LANE 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 Y.uel:rr, h~~ldbertz K.:~lckerman, LLC' F('P-12ir9;8 4. Name and Address of the last record holder of every mortgage of record: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff PENNSYLVANIA STATE BANK 715 WERTZVILLE ROAD ENOLA, PA 17025 AND 7040 JONESTOWN ROAD HARRISBURG, PA 17112 WASHINGTON MUTUAL BANK, FA, A FEDERAL ASSOCIATION 400 EAST MAIN STREET STOCKTON, CA 95290 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 may be 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 619 Brisbain Lane ENOLA, PA 17025 Tu~a:cr, C;t~ldbc3t~ ~ :1el.cnnan, LLC UNKNOWN SPOUSE 619 Brisbain Lane Enola, PA 17025 PA 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 unders nd that false t nts herein are made subject to the penalties of 18 Pa.C.S. §4904 relating t un~ si do to authorities. ZUCKER G~LI~BEi~~i ~i A~CK~EIj~G1~AN, LLC Dated: June 28, 2010 BY: v Scott A. D' terick, Esquire; PA I.D. #55650 Kimberly .Bonner, Esquire; PA.I.D. #89705 Joel A. Ac rman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-120938 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com 7~aCl:cr, C;rildi>ar c~ s\Cki:rnf<m. I L(~ ra `~'- i ^n~~;s Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF BRISBAIN LANE AT THE DIVIDING LINE OF LOT #36 AND LOT #37; THENCE BY LINE OF LOT #36 NORTH EIGHTY-FIVE DEGREES FORTYTHREE MINUTES TWENTY-FOUR SECONDS EAST (N 85 DEGREES 45' 24" E), ONE HUNDRED AND ZERO HUNDREDTHS (100.00 FEET TO A POINT; THENCE BY LINE OF LANDS NOW OF FORMERLY OF RONALD G. GATES SOUTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS EAST (S 04 DEGREES 16' 36" E), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT; THENCE BY LINE OF OTHER LANDS OF WESTWOOD HILLS, SOUTH EIGHTY-FIVE DEGREES FORTY-THREE MINUTES TWENTY- FOUR SECONDS WEST (S 85 DEGREES 43' 24" W), ONE HUNDRED AND ZERO HUNDREDTHS (100.00) FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE BRISBAIN LANE; THENCE BY SAID RIGHT-OF-WAY NORTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS WEST (N 04 DEGREES 16' 36" W), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT AT THE DIVIDING LINE OF LOT #36 AND LOT #37, THE PLACE OF BEGINNING. BEING LOT #37 ON THE FINAL SUBDIVISION PLAN FOR WESTWOOD HILLS, PHASE IV, RECORDED IN PLAN BOOK 81, PAGE 106. SUBJECT TO RESTRICTIONS, CONDITIONS AND EASEMENTS AS SET FORTH ON THE ABOVE MENTIONED SUBDIVISION PLAN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 619 BRISBAIN LANE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 10, 2003 AND RECORDED OCTOBER 16, 2003 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 259, PAGE 4606, GRANTED AND CONVEYED UNTO DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE. TAX MAP NO.: 09-12-2992-222. luca:cr, Gt~ltlhcrpt ~ t~cl.crnr<tn, I f.l' ~r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, Plaintiff, VS. David R. Richard; Danielle M. Richard Defendants. CIVIL DIVISION ~ ~., NO.: 09-4135 Civil ~' r`- ni_ s._ r, : -r,i1~c `-' . ~, ~._. ~'.. ~ ; r' ~ . ~_ ?~ ~ ~ . : > ,;: . _ - ~~, ~ _... r ~ ~ '~ • ` ~ - NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE-3129 David R. Richard 619 Brisbain Lane 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 12/08/2010 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: 619 Brisbain Lane, ENOLA, PA, 17025 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-4135 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: David R. Richard; Danielle M. Richard Zucker, Goldberg & Ackerman, LLC FCP-12093 8 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. YOU SHOULD TAKE THIS PAPER TO 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 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 & Ackerman, LLC FCP-120938 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 Count C rthouse O Co house Square, Carlisle, Y , .j PA 17013-3387, before presentation of the peti ' n t he G~~ ZUCKER LLC Dated: June 28, 2010 BY: Scott A. tterick, E u .D. #55650 Kimber .Bonner, Esquire; PA.I.D. #89705 Joel A. c erman, Esquire; PA I.D. #202729 200 She field Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-120938 (908) 233-8500; (908) 233-1390 FAX E-mail : Office@zuckergoldberg. com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FCP-12093 8 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF BRISBAIN LANE AT THE DIVIDING LINE OF LOT #36 AND LOT #37; THENCE BY LINE OF LOT #36 NORTH EIGHTY-FIVE DEGREES FORTYTHREE MINUTES TWENTY-FOUR SECONDS EAST (N 85 DEGREES 45' 24" E), ONE HUNDRED AND ZERO HUNDREDTHS (100.00 FEET TO A POINT; THENCE BY LINE OF LANDS NOW OF FORMERLY OF RONALD G. GATES SOUTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS EAST (S 04 DFGR.F,F,S 16' 36" F.), EIC7HTY-FIVF, AND ZERO HUNDREDTHS (85.00) FEET TO A POINT; THENCE BY LINE OF OTHER LANDS OF WESTWOOD HILLS, SOUTH EIGHTY-FIVE DEGREES FORTY-THREE MINUTES TWENTY- FOUR SECONDS WEST {S 85 DEGREES 43' 24" W), ONE HUNDRED AND ZERO HUNDREDTHS (100.00) FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE BRISBAIN LANE; THENCE BY SAID RIGHT-OF-WAY NORTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS WEST (N 04 DEGREES 16' 36" W), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT AT THE DIVIDING LINE OF LOT #36 AND LOT #37, THE PLACE OF BEGINNING. BEING LOT #37 ON THE FINAL SUBDIVISION PLAN FOR WESTWOOD HILLS, PHASE IV, RECORDED IN PLAN BOOK 81, PAGE 106. SUBJECT TO RESTRICTIONS, CONDITIONS AND EASEMENTS AS SET FORTH ON THE ABOVE MENTIONED SUBDIVISION PLAN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 619 BRISBAIN LANE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 10, 2003 AND RECORDED OCTOBER 16, 2003 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 259, PAGE 4606, GRANTED AND CONVEYED UNTO DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE. TAX MAP NO.: 09-12-2992-222. Zucker, Goldberg ~( Aekcrrnan, LLC PCI'- I_'G9 =3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, Plaintiff, vs. David R. Richard; Danielle M. Richard Defendants. CIVIL DIVISION ~ o S o 'i~ ey NO : 09-4135 Civil `~~~~ c- ``~' _r_-.,, ~~ . ~, : _ _` `' ~ . Lr {y ~ _' ~. _ ~ , - -i '..C U ~ a -~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Danielle M. Richard 619 Brisbain Lane 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 12/08/2010 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: 619 Brisbain Lane, ENOLA, PA, 17025 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-4135 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: David R. Richard; Danielle M. Richard Zucker, Goldberg & Ackerman, LLC FCP-120938 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. YOU SHOULD TAKE THIS PAPER TO 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 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 & Ackerman, LLC FCP-12093 8 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 urthouse O Courthouse Square, Carlisle, PA 17013-3387, before presentation of the peion t~ u . ZUCKER LLC Dated: 3une 28, 2010 BY: Z~~ ~`~-L Scott A. i tterick, Esquire; PA I.D. #55650 Kimberl A Bonner, Esquire; PA.I.D. #89705 Joel A. Ac erman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-120938 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FCP-120938 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGI-IT-OF-WAY LINE OF BRISBAIN LANE AT THE DIVIDING LINE OF LOT #36 AND LOT #37; THENCE BY LINE OF LOT #36 NORTH EIGHTY-FIVE DEGREES FORTYTHREE MINUTES TWENTY-FOUR SECONDS EAST (N 85 DEGREES 45' 24" E), ONE HUNDRED AND ZERO HUNDREDTHS (100.00 FEET TO A POINT; THENCE BY LINE OF LANDS NOW OF FORMERLY OF RONALD G. GATES SOUTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SF.,CONDS FAST (S 04 DF.GRF,F.S 16' 36" F,), F.TGHTY-FIVF. AND ZERO HUNDREDTHS (85.00) FEET TO A POINT; THENCE BYLINE OF OTHER LANDS OF WESTWOOD HILLS, SOUTH EIGHTY-FIVE DEGREES FORTY-THREE MINUTES TWENTY- FOUR SECONDS WEST (S 85 DEGREES 43' 24" W), ONE HUNDRED AND ZERO HUNDREDTHS (100.00} FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE BRISBAIN LANE; THENCE BY SAID RIGHT-OF-WAY NORTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS WEST (N 04 DEGREES 16' 36" W), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT AT THE DIVIDING LINE OF LOT #36 AND LOT #37, THE PLACE OF BEGINNING. BEING LOT #37 ON THE FINAL SUBDIVISION PLAN FOR WESTWOOD HILLS, PHASE IV, RECORDED IN PLAN BOOK 81, PAGE 106. SUBJECT TO RESTRICTIONS, CONDITIONS AND EASEMENTS AS SET FORTH ON THE ABOVE MENTIONED SUBDIVISION PLAN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 619 BRISBAIN LANE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 10, 2003 AND RECORDED OCTOBER 16, 2003 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 259, PAGE 4606, GRANTED AND CONVEYED UNTO DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE. TAX MAP NO.: 09-12-2992-222. /.ui:kcr, (.~i!idbcr~ cf Ackerrnan, I f.C' f('1'- I''t193X WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4135 Civil 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 DAVID R. RICHARD; DANIELLE M. RICHARD (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$219,452.55 L.L.$.50 Interest FROM 06/09/2010 TO DATE OF SALE - $9,996.66 Atty's Comm % Due Prothy $2.00 Atty Paid $185.50 Other Costs Plaintiff Paid Date: July 1, 2010 ~ ~' ~ David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name JOEL ACKERMANN, 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. 202729 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, Plaintiff vs. David R. Richard; Danielle M. Richard Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 619 Brisbain Lane Enola, PA 17025 ~OPG 7Y. ~~C~k!PJlH~tQ~Z Attorney for Plaintiff cn C N __. ° ` CIVIL DIVISION °' l`' t No.: 09-4135 Civil - ~ -;~~-~ ,- - ~-- ~ .a ISSUE NUMBER: ~ ` - ~' ~ _: ~ , _.,, c. .~. - , TYPE OF PLEADING: =+ • , ~~ _, ~ .. -t PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: 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 Joel A. Ackerman, Esquire- Pa I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908)233-8500 Atty File No.: FCP-120938 ~i~ y ~a ~ d ~-~y C,~~ l(J~US ~~ ivy' ~~` I+lafi~cs ~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, Plaintiff, CIVIL DNISION- LAW NO.: 09-4135 Civil vs. David R. Richard; Danielle M. Richard Defendants. 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), David R. Richard and Danielle M. Richard, husband and wife, in the amount of $219,452.55 which is itemized as follows for failure to file an Answer: Principal Interest through 06/28/10 Attorneys' Fees Title Search & Costs Late Charges Bad Check/NSF Miscellaneous TOTAL plus interest on the principal sum ($195,598.00) frc additional late charges, and costs (including additic costs and for foreclosure and sale of the mortgaged ZUCKER, G(~L~3~)~~~ & BY: U, $195,598.00 $19,135.73 $1,250.00 $2,500.00 $ 873.72 $ 25.00 $ 70.10 $219,452.55 a~ the rate of $29.23 per diem, plus ce~additional attorneys' fees and LLC Dated: June 28, 2010 Scott A. ie er~ck, EsgZhire; PA 1`H!#55650 Kimberl onner, Esquire; PA LD. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Attorneys for Plaintiff FCP-120938/pn 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker, Goldberg & Ackerman, LLC FCP-12093 S 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, Joel A. 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. 2~~.1, as/evid~nc,y~e attached copies. ZUCKER, Dated: June 28, 2010 By: 4 Scott A. e t ick, squire; PA I.D. #55650 Kimberly A Bonner, Esquire; PA I.D. #89705 Joel A. A rman, Esquire PA I.D. #202729 Atty File No.: FCP-120938 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Email: Office@zuckergoldberg. com (908) 233-8500; (908) 233-1390 FAX Sworn to and subscribed before me This Z ~ day of June, 2010 No ry Public My Commission Expires: EDWARD d: SCHWAHL~3~_ Commission # 2~8~_ Notary P-ublic,. St-ate of News rsey My M ch 0~ 20 4 Zucker, Goldberg & Ackerman, LLC FCP-12093 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association Plaintiff, vs. David R. Richard; Danielle M. Richard Defendant. CIVIL DIVISION NO.: 09-4135 Civil NOTICE OF ORDER, DECREE OR JUDGMENT TO: David R. Richard ( ) Plaintiff (X) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ~,~,(,~,, J' ~ a-0/ ~ ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $219,452.55 plus interest on the principal sum ($195,598.00) from June 29, 2010, at the rate of $29.23 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. Y Zucker, Goldberg & Ackerman, LLC FCP-12093 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association CIVIL DIVISION Plaintiff, vs. David R. Richard; Danielle M. Richard Defendant. NO.: 09-4135 Civil NOTICE OF ORDER, DECREE OR JUDGMENT TO: Danielle M. Richard ( )Plaintiff (X) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $219,452.55 plus interest on the principal sum ($195,598.00) from June 29, 2010, at the rate of $29.23 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale a mortgaged premises. uty l...ucker. Goldberg & Ackerman, L,L,C FCP-120938 Sheriff s Office of Cumberland County R Thomas Kline Sher Ronny R Anderson Chief Deputy JPMorgan Chase Bank, NA vs. David R. Richard ~q~ttitt~ of t"~~~t~brrit~4 y w. ~ ~M1'. OFf-i~E OF T~~ $H6RiFF tZ~~13~' Edward L Schorpp Solicitor 7ody S Smith Civil Process Sergeant Case Number 2009-4135 SHERIFF'S RETURN OF SERVICE 06/18/2009 R. 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: David R. Richard, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 06/18/2009 R. 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: Danielle M. Richard, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 06/26/2009 Dauphin County Return: And now, June 26, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that l made diligent search and inquiry for David R. Richard the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. As per Crystal Richard the defendant does not live at this address. 06/26/2009 Dauphin County Return: And now, June 26, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Danielle M. Richard the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. As per Crystal Richard the defendant does not live at this address. 06/27/2009 08:40 PM - Michael. Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2009 at 2040 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David R. Richard, by making known unto Danielle M. Richard, wife of defendant at 619 Brisbain Lane Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/27/2009 08:40 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2009 at 2040 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Danielle M. Richard, by making known unto herself personally, defendant at 619 Brisbain Lane Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time . handing to her personally the said true and correct copy of the same. SHERIFF COST: $66.50 SO ANSWERS, June 30, 2009 R THOMAS KLINE, SHERIFF Deputy Sh Sri f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association ~ CIVIL DIVISION Plaintiff, vs. NO.: 09-4135 Civil David R. Richard Danielle M. Richard Defendant. IMPORTANT NOTICE TO: Danielle M. Richard 619 BRISBAIN LANE ENOLA, PA 17025 DATE OF NOTICE: 6/15/2010 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth again 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 important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE 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. NO.: 09-4135 Civil David R. Richard Danielle M. Richard Defendant. AZ~L50IlV~C><tTAN`~ TO: Danielle M. Richard 619 BRISBAIN LANE ENOLA, PA 17025 FECHA DEL AVIS0:6/15/2010 LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE LISTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (1Q} DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y LISTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. LISTED DEBE LLEVAR ESTE DOCUMENTO 1NivIEDL4TAMENTE A SU ABOGADO. SI LISTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR LINO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. 1V~3IIGE'IiODII+II~D BzIAV~''YEFi S~IZVIC~+ 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 ZUC~ GOIDB~GB~AC'.IT BY ~ 14. QI$~9lt~C Scott A Die2terid~ Esquire Attameys far Pl airm~ PA ID_ # 55650 200 Shet~ield Street, Si.rite 301 P.O_ Bay 102 M~aartainside; NT 07092-0024 (717) 533-3560 FIR-S'T C~LAw~S U S~ MAID pOla i'AGE PR'i?FAID 120938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association ~ CIVIL DIVISION Plaintiff, vs. ~ NO.: 09-4135 Civil David R. Richard Danielle M. Richard Defendant. IMPORTANT NOTICE TO: David R. Richard 619 Brisbain Lane Enola, PA 17025 DATE OF NOTICE: 6/15/2010 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth again 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 important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal Help. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE 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. NO.: 09-4135 Civil David R. Richard Danielle M. Richard Defendant. TO: David R. Richard 619 Brisbain Lane Enola, PA 17025 AVL~Ill~TAN~ FECHA DEL AVIS0:6/15/2010 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PRO~vIOS 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 IN.N~DIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAIO Il~DICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NC3IIGE'PODEL+II~D BiLAV~iR S~VI[~+ 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 ZUC~~Z, C~OLD~G & AC~VIAN BY ~p-. ~I~'lt}C Scott A Diettaidc, F,squire Attorneys far Plairmff PA LD_ # 55650 200 Sheffield Street, Sx.rite 301 P_ O_ Bay 1024 Ma~a~rtairLSida, NT 07092-0024 (717) 533-3560 FIl~a I' GLASS U S< MAII.., POSTAGE P°lt1~PAlm 120938 ` v ' ~ ,~-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, CIVIL DIVISION n N c Plaintiff, NO.: 09-4135 Civil -~; `- ~" ~- c... =~ {~ ~~~ vs. - ,__ - ~ -' c--; David R. Richard; Danielle M. Richard - ~ -' l ~ ~' Defendants. ~' = ~-~ `- rr .. --{ ~~ ~. --<: AMENDED AFFIDAVIT 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 real property located at 619 Brisbain Lane, ENOLA, PA 17025. 1. Name and Address of Owner(s) or Reputed Owner(s): DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE 619 Brisbain Lane Enola, PA 17025 2. Name and Address of Defendant(s) in the Judgment: DAVID R. RICHARD 619 Brisbain Lane Enola, PA 17025 DANIELLE M. RICHARD 619 Brisbain Lane 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 ~ • THE TOWNSHIP OF EAST PENNSBORO 98 S. ENOLA DR. ENOLA, PA 17025 4. Name and Address of the last record holder of every mortgage of record: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff PENNSYLVANIA STATE BANK 715 WERTZVILLE ROAD ENOLA, PA 17025 AND 7040 JONESTOWN ROAD HARRISBURG, PA 17112 WASHINGTON MUTUAL BANK, FA, A FEDERAL ASSOCIATION 400 EAST MAIN STREET STOCKTON, CA 95290 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 may be 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 f UNKNOWN TENANT OR TENANTS 619 Brisbain Lane ENOLA, PA 17025 UNKNOWN SPOUSE 619 Brisbain Lane Enola, PA 17025 PA 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 underst at false statements herein are made subject to the penalties of 18 Pa~C.S%~ la% 1 1 o unsworn falsification to authorities. , ZUCKER (~~,DE~~ZQr Br~AQK~~IvIAN, LLC Dated: June 28, 2010 BY: Scott A. ie eric c, Esquire; PA I.D. #55650 Kimberl A. onner, Esquire; PA.I.D. #89705 Joel A. Ac an, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-120938 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com ,< Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF BRISBAIN LANE AT THE DIVIDING LINE OF LOT #36 AND LOT #37; THENCE BY LINE OF LOT #36 NORTH EIGHTY-FIVE DEGREES FORTYTHREE MINUTES TWENTY-FOUR SECONDS EAST (N 85 DEGREES 45' 24" E), ONE HUNDRED AND ZERO HUNDREDTHS (100.00 FEET TO A POINT; THENCE BY LINE OF LANDS NOW OF FORMERLY OF RONALD G. GATES SOUTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS EAST (S 04 DEGREES 16' 36" E), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT; THENCE BY LINE OF OTHER LANDS OF WESTWOOD HILLS, SOUTH EIGHTY- FIVEDEGREES FORTY-THREE MINUTES TWENTY-FOUR SECONDS WEST (S 85 DEGREES 43' 24" W), ONE HUNDRED AND ZERO HUNDREDTHS (100.00) FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE BRISBAIN LANE; THENCE BY SAID RIGHT-OF-WAY NORTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS WEST (N 04 DEGREES 16' 36" W}, EIGHTY- FIVEAND ZERO HUNDREDTHS (85.00) FEET TO A POINT AT THE DIVIDING LINE OF LOT #36 AND LOT #37, THE PLACE OF BEGINNING. BEING LOT #37 ON THE FINAL SUBDIVISION PLAN FOR WESTWOOD HILLS, PHASE IV, RECORDED IN PLAN BOOK 81, PAGE 106. SUBJECT TO RESTRICTIONS, CONDITIONS AND EASEMENTS AS SET FORTH ON THE ABOVE MENTIONED SUBDIVISION PLAN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 619 BRISBAIN LANE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 10, 2003 AND RECORDED OCTOBER 16, 2003 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 259, PAGE 4606, GRANTED AND CONVEYED UNTO DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE. TAX MAP NO.: 09-12-2992-222. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, vs. Plaintiff, David R. Richard; Danielle M. Richard Defendants. CIVIL DIVISION NO.: 09-4135 Civil PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the ZUCKER, c'a ~ rv ° .") ``~ `~ ~ ~ -~ ~r- ~ ., ~. -r N ~~ ~~ ~ ~a --f ~ 3 p ~~ _ ~ :~~~ _ ~' ~~ e.~ ~~ number satisfied. LLC BY: ~-~ Dated: October 21, 2010 Scott A. i Brick, sq A I.D. #55650 Kimberl A Bonner, Esquire; PA I.D. #89705 Joel A. ckerman, Esquire; PA I.D. #202729 Attorneys for Plaintiff FCP-120938/ka 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com ~~P~ ~~ Zucker, Goldberg & Ackerman., LI,C FCP-12093 8 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??,?rstr at 4u?r?ttt?r(,??0 OF THE` PROTHONOTARY 20!0 NO 23 PN 2: 28 CUMBERLAND COUNTY E PWSYLVANIA JPMorgan Chase Bank, NA vs. David R. Richard (et al.) Case Number 2009-4135 SHERIFF'S RETURN OF SERVICE 10/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Scott Dietterick on 10/12/10 SHERIFF COST: $232.44 SO ANSWERS, November 22, 2010 RON R ANDERSON, SHERIFF Gam' 7? awl (c) CountyS-Ae ShenfP. Teleosott, Inc. 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, : CIVIL DIVISION Plaintiff, : NO.: 09-4135 Civil vs. David R. Richard; Danielle M. Richard Defendants. AFFIDAVIT 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 real property located at 619 Brisbain Lane, ENOLA, PA 17025. 1. Name and Address of Owner(s) or Reputed Owner(s): DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE 619 Brisbain Lane Enola, PA 17025 2. Name and Address of Defendant(s) in the Judgment: DAVID R. RICHARD 619 Brisbain Lane Enola, PA 17025 DANIELLE M. RICHARD 619 BRISBAIN LANE 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 Zucker, Cnoldberg & Ackerman, LLC FCF-12030 4. Name and Address of the last record holder of every mortgage of record: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff PENNSYLVANIA STATE BANK 715 WERTZVILLE ROAD ENOLA, PA 17025 AND 7040 JONESTOWN ROAD HARRISBURG, PA 17112 WASHINGTON MUTUAL BANK, FA, A FEDERAL ASSOCIATION 400 EAST MAIN STREET STOCKTON, CA 95290 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 may be 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 619 Brisbain Lane ENOLA, PA 17025 ii€ckcr, Ooldbcrg & Ackor,,,,1 LL( F01- 120938 UNKNOWN SPOUSE 619 Brisbain Lane Enola, PA 17025 PA 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 unders f and that false, t nts herein are made subject to the penalties of 18 Pa.C.S. §4904 relating t¢ unyftrkfgs_i?4fio? to authorities. ZUCKER G(?LIIBE]f C 4 ACKJEW*N, LLC Dated: June 28, 2010 BY: v Scott A. D' terick, Esquire; PA I.D. #55650 Kimberly . Bonner, Esquire; PA.I.D. #89705 Joel A. Ac rman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-120938 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com Zucker; Goldhert K Ackerman, LL(:' P(P-1?(0 3 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF BRISBAIN LANE AT THE DIVIDING LINE OF LOT #36 AND LOT #37; THENCE BY LINE OF LOT #36 NORTH EIGHTY-FIVE DEGREES FORTYTHREE MINUTES TWENTY-FOUR SECONDS EAST (N 85 DEGREES 45'24" E), ONE HUNDRED AND ZERO HUNDREDTHS (100.00 FEET TO A POINT; THENCE BY LINE OF LANDS NOW OF FORMERLY OF RONALD G. GATES SOUTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS EAST (S 04 DEGREES 16'36" E), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT; THENCE BY LINE OF OTHER LANDS OF WESTWOOD HILLS, SOUTH EIGHTY-FIVE DEGREES FORTY-THREE MINUTES TWENTY- FOUR SECONDS WEST (S 85 DEGREES 43'24" W), ONE HUNDRED AND ZERO HUNDREDTHS (100.00) FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE BRISBAIN LANE; THENCE BY SAID RIGHT-OF-WAY NORTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS WEST (N 04 DEGREES 16' 36" W), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT AT THE DIVIDING LINE OF LOT #36 AND LOT #37, THE PLACE OF BEGINNING. BEING LOT #37 ON THE FINAL SUBDIVISION PLAN FOR WESTWOOD HILLS, PHASE IV, RECORDED IN PLAN BOOK 81, PAGE 106. SUBJECT TO RESTRICTIONS, CONDITIONS AND EASEMENTS AS SET FORTH ON THE ABOVE MENTIONED SUBDIVISION PLAN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 619 BRISBAIN LANE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 10, 2003 AND RECORDED OCTOBER 16, 2003 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 259, PAGE 4606, GRANTED AND CONVEYED UNTO DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE. TAX MAP NO.: 09-12-2992-222. zllckcr, Guidbug & Ackerman, 1 i.C' R 'l'-120939 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, CIVIL DIVISION Plaintiff, vs. NO.: 09-4135 Civil David R. Richard; Danielle M. Richard Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 David R. Richard 619 Brisbain Lane 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 12/08/2010 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: 619 Brisbain Lane, ENOLA, PA, 17025 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-4135 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: David R. Richard; Danielle M. Richard Zucker, Goldberg & Ackerman, LLC FCP-120938 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. YOU SHOULD TAKE THIS PAPER TO 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 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 & Ackerman, LLC FCP-12093 8 3. A peiition 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 C house, O Co house Square, Carlisle, PA 17013-3387, before presentation of the petin t he ZUCKER GDL1PBF" &/AWIj N4AN, LLC Dated: June 28, 2010 BY: Scott A. i tterick, E u .D. #55650 Kimber . Bonner, Esquire; PA.I.D. #89705 Joel A. c erman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-120938 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FCP-12093 8 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF BRISBAIN LANE AT THE DIVIDING LINE OF LOT #36 AND LOT #37; THENCE BY LINE OF LOT #36 NORTH EIGHTY-FIVE DEGREES FORTYTHREE MINUTES TWENTY-FOUR SECONDS EAST (N 85 DEGREES 45'24" E), ONE HUNDRED AND ZERO HUNDREDTHS (100.00 FEET TO A POINT; THENCE BY LINE OF LANDS NOW OF FORMERLY OF RONALD G. GATES SOUTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS EAST (S 04 DEGREES 16'36" F,), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT; THENCE BY LINE OF OTHER LANDS OF WESTWOOD HILLS, SOUTH EIGHTY-FIVE DEGREES FORTY-THREE MINUTES TWENTY- FOUR SECONDS WEST (S 85 DEGREES 43'24" W), ONE HUNDRED AND ZERO HUNDREDTHS (100.00) FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE BRISBAIN LANE; THENCE BY SAID RIGHT-OF-WAY NORTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS WEST (N 04 DEGREES 16'36" W), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT AT THE DIVIDING LINE OF LOT #36 AND LOT #37, THE PLACE OF BEGINNING. BEING LOT #37 ON THE FINAL SUBDIVISION PLAN FOR WESTWOOD HILLS, PHASE IV, RECORDED IN PLAN BOOK 81, PAGE 106. SUBJECT TO RESTRICTIONS, CONDITIONS AND EASEMENTS AS SET FORTH ON THE ABOVE MENTIONED SUBDIVISION PLAN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 619 BRISBAIN LANE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 10, 2003 AND RECORDED OCTOBER 16, 2003 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 259, PAGE 4606, GRANTED AND CONVEYED UNTO DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE. TAX MAP NO.: 09-12-2992-222. zuckcr. (ioldbcrg & Acficrman, I U., 1:01-1209"s It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMorgan Chase Bank, National Association, CIVIL DIVISION Plaintiff, : NO.: 09-4135 Civil vs. David R. Richard; Danielle M. Richard Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Danielle M. Richard 619 Brisbain Lane 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 12/08/2010 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: 619 Brisbain Lane, ENOLA, PA, 17025 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 09-4135 Civil THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: David R. Richard; Danielle M. Richard Zucker, Goldberg & Ackerman, LLC FCP-12093 8 I 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. YOU SHOULD TAKE THIS PAPER TO 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 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 & Ackerman, LLC FCP-12093 8 AL 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 urthouse, O ourthouse Square, Carlisle, PA 17013-3387, before presentation of the pe#ion t u . ZUCKER /40L[Dl3k f f i &fAOMR]WAN, LLC Dated: June 28, 2010 BY: Scott A. i tterick, Esquire; PA I.D. #55650 Kimberl A Bonner, Esquire; PA.I.D. #89705 Joel A. Ac erman, Esquire; PA I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: FCP-120938 (908) 233-8500; (908) 233-1390 FAX E-mail: Office@zuckergoldberg.com VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC FCP-12093 8 I Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF BRISBAIN LANE AT THE DIVIDING LINE OF LOT #36 AND LOT #37; THENCE BY LINE OF LOT #36 NORTH EIGHTY-FIVE DEGREES FORTYTHREE MINUTES TWENTY-FOUR SECONDS EAST (N 85 DEGREES 45'24" E), ONE HUNDRED AND ZERO HUNDREDTHS (100.00 FEET TO A POINT; THENCE BY LINE OF LANDS NOW OF FORMERLY OF RONALD G. GATES SOUTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS FAST (S 04 DEGREES 16'36" F,), EIGHTY-FIVE, AND ZERO HUNDREDTHS (85.00) FEET TO A POINT; THENCE BY LINE OF OTHER LANDS OF WESTWOOD HILLS, SOUTH EIGHTY-FIVE DEGREES FORTY-THREE MINUTES TWENTY- FOUR SECONDS WEST (S 85 DEGREES 43'24" W), ONE HUNDRED AND ZERO HUNDREDTHS (100.00) FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE BRISBAIN LANE; THENCE BY SAID RIGHT-OF-WAY NORTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS WEST (N 04 DEGREES 16' 36" W), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT AT THE DIVIDING LINE OF LOT #36 AND LOT #37, THE PLACE OF BEGINNING. BEING LOT #37 ON THE FINAL SUBDIVISION PLAN FOR WESTWOOD HILLS, PHASE IV, RECORDED IN PLAN BOOK 81, PAGE 106. SUBJECT TO RESTRICTIONS, CONDITIONS AND EASEMENTS AS SET FORTH ON THE ABOVE MENTIONED SUBDIVISION PLAN. HAVING THEREON ERECTED A DWELLING HOUSE BEING KNOWN AND NUMBERED AS 619 BRISBAIN LANE, ENOLA, PA, 17025. BEING THE SAME PREMISES WHICH VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 10, 2003 AND RECORDED OCTOBER 16, 2003 IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 259, PAGE 4606, GRANTED AND CONVEYED UNTO DAVID R. RICHARD AND DANIELLE M. RICHARD, HUSBAND AND WIFE. TAX MAP NO.: 09-12-2992-222. ZEjcker, Goldberg, & Ackerman, I I.(" F(`('-1'_1W-R WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4135 Civil 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 DAVID R. RICHARD; DANIELLE M. RICHARD (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$219,452.55 L.L.$.50 Interest FROM 06/09/2010 TO DATE OF SALE - $9,996.66 Atty's Comm % Due Prothy $2.00 Atty Paid $185.50 Other Costs Plaintiff Paid Date: July 1, 2010 David D. Buell, Protho otary (Seal) By: Deputy REQUESTING PARTY: Name JOEL ACKERMANN, 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. 202729 On September 22, 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, 619 Brisbain Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coor4na r The Patriot-News Co. '12020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePahiot-News Now you know 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: 10/15/10 Sworn to and tscribed re me this 10 Oay,of November, 2010 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seel ; SFueMe L Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commisslon Expires Nov. 26, 2011 Member. Pennsylvania Association of Notanes rf 2009 4135 CM farm JP11 ? Bank, NA Vs David a Richard Dwl* 0 1 M. Richard Aft r: Soda A DkftWkk ALL THAT CERTAIN LOT OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA MORE PAKnCULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT. BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT- OF-WAY LINE OF BRISBAIN LANE AT THE DIVIDING LINE OF LOT #36 AND LOT #37, THENCE EY LINE OF LOT #36 NORTH EIGHTY-FIVE DEGREES FORTYTHREE MINUTES TWENTY- FOUR SEOM EAST (N 85 DEGREES 45'24- E), ONE HUNDRED AND ZERO HUNDREDTHS (IM.00FEETTOAPOINT, THENCE BY LINE OF LANDS NOW OF FORMERLY OF RONALD G. GATES SOUTH FOUR DEGREES SIXTEEN MINU M THIRl Y SIX SECONDS EAST (S 04 DEGREES 16: 36' E), EIGHTY- FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POW, THENCE BY LINE OF OTHER LANDS OF WESTWOOD HILLS, SOUTH EIGHTY-FIVE DEGREES FORTY-THREE MINUTES TWENTY- FOUR SECONDS WEST (S 85 DEGREES 43'N- W), ONE HUNDRED AND ZERO HUNDREDTHS (10000) FEET TO A Pow ON THE EASTERN RIGHT-OF- WAY LINE BRIS&UN LANE, THENCE BY SAID RIGHTOFLWAY NORTH FOUR DEGREES SIXTEEN MINUTES THIRTY-SIX SECONDS WEST (N- 04 DEGREES 16' 36" W), EIGHTY-FIVE AND ZERO HUNDREDTHS (85.00) FEET TO A POINT AT THE DIVIDING LINE OF LOT #E36 AND LOT #37, THE PLACE OF BEGINNING. BEING LOT #37 ON THE FINAL SUBDIVISION PLAN FOR WES`CWOOD HILLS, PHASE IV, RECORDED IN PLAN BOOK 81, PAGE 106. SUBJECT TO RESTRICTIONS, CONDITIONS AND EASEMENTS AS SET FORTH ON THE ABOVE MENTIONED SUBDIVISION PIAN. HAVING THEREON ERECTED A DWELLING ROUSE BEING KNOWN AND NUMBERED AS 619 BRISBAIN LANE, ENOLA, PA, 17475. BEING THE SAME PREMISES WHICH VILLAGEHOMESATWESTWOODGLEN, INC., A PENNSYLVANIA CORPORATION, BY DEED DATED OCTOBER 10, 2003 AND RECORDED OCTOBER 16, 2003 IN AND FOR CUMBERLAND COUNTY, PLNNSYLVANIA, IN DEED BOOK V9LUME 254, PAGE 4606, GRANTED AA'D CONVEYED UNTO DAVID F.. RICHOD AND DANIELLE M. F.1K1HkjO, PIUNAND AND WIFE. TAX MAP NO.: 09.12.2992222. s %LIJC Patriot-Xitws Now you know 2020 Technology Pkwy., Suite 300 MECHANICSBURG, PA 17050 (717) 255-8462 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL JLC TOTAL DUE FOR THIS SALE: $ 119.96