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HomeMy WebLinkAbout10-2236' SHA'PIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 n t?ICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 _ ° LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 ., ` KING OF PRUSSIA, PA 19406 co ' 1 T3 TELEPHONE: (610)278-6800 -' ? S & D FILE NO. 10-037282 tc. a? JPMC Specialty Mortgage LLC COURT OF COMMON PLEAS e PLAINTIFF CIVIL DIVISION a CUMBERLAND COUNTY VS. NO: 10 - 6la34o 05tv't1Term George L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 Reshendalene L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 0 4ga.00 PA A17-/ e a3g 88! Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. George L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 NO: 16 r ?_? .3 }?,?I '?L6M Reshendalene L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, JPMC Specialty Mortgage LLC, the address of which is, 10790 Rancho Bernardo Rd, San Diego, California 92127, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Argent Mortgage Co., LLC Mortgagor(s): George L. Deihl and Reshendalene L. Deihl (b) Date of Mortgage: August 24, 2005 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1922, Page 3319 Date: September 12, 2005 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Citi Residential Lending, Inc., as attorney-in-fact for Argent Mortgage Company, LLC Assignee: Mortgage Electronic Registration Systems, Inc., as attorney-in-fact for Argent Mortgage Company, LLC Date of Assignment: December 12, 2008 Recording Date: January 8, 2009 Instrument No.: 200900556 Assignor: Mortgage Electronic Registration Systems, Inc., as attorney-in-fact for Argent Mortgage Company, LLC Assignee: JPMC Specialty Mortgage LLC Date of Assignment: March 1, 2010 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 636 Walnut Bottom Road, Shippensburg, Pa 17257 and is more specifically described as attached as part of Exhibit "A": 4. The names and mailing addresses of the Defendants are: George L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 Reshendalene L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of November 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of March 31, 2010: Principal Balance Due Interest Currently Due and Owing at 8.75% From October 1, 2009 to March 31, 2010 Late Charges Escrow Advances Appraisal Fees Property Inspection Title Report Fee Attorney Fees & Costs of Foreclosure TOTAL $98,744.83 $4,307.94 $241.20 $538.95 $515.00 $14.00 $250.00 $4,937.24 $109,549.16 8. Interest accrues at a per diem rate of $23.67 each day after March 31, 2010, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff s sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et SeMc ., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: l SHAPIRO & DeNARDO, LLC BY: N 44L d ?1 ? L C Attorneys for Plaintiff S & D File No. 10-037282 b ROBERT P.:IEGLER i ;;CLI% OF DEEDS .. 1? 9..':1137 Prcpuvdgy:Argent Mortgage Company. LLC Return To: Debra Foublster Arggent Mort age Company. LLC 333 Westchester Avenue. 1st P.0 Box 501 F1oor.White Plains. NY 10604 Rolling Meadows. IL 60008 Pascal Number: 39.33.1883.038 [Rpm* Above 1% L1m For Ruerdle0 Dab) ,dA -71Y MORTGAGE , fmarican Dream yftbuct 2'ho Emadive House 221 W. Street std .06asta Vft Ma. 19053 DEFINITIONS Words used in multiple . sections of this document are deflaed below and odw words are ddined' in Sections 3. 11, 13, 19. 20 and 21. Certain sake regarding the usage of words used in this document are also provided In Section 16. (A) "Security Il9dsr rent" means this docun+eoa, which is dated August 24. 2005 togedw with all hiders to this document. (B) "Borrower"is GEORGE L. DEIHL and RESHENDALENE L. DEIHL Borrower Is the mortgagor under this Security instrument. (C) "Lender" Is Argent Mortgage Company, LLC Lenderlse Limited Liability Company 0083717553 -9604 PEt SVLVANIA . Single Family - FWU* Meal ted" M9o UNW(M 01MUM39T Farm 3070 1101 4ft4tPAtlooobl 08/2312005 9:34:03 ft" I of 16 Oda VMP MORTGAGE FORMS .19001621-7291 d06-4)lpa (ORAMRav.01 RK 1922PG33 t % F Ah 6 his?- "X14. organized end eabsting under the laws of Del aware Tendcr'eaddressia One City Boulevard West Orange. CA 92868 I.aider Is the mortgagee under this Security laetrument. (A) "Note" means the promissory note signed by Borrower and dawdAugust 24, 2005 The Note states that Borrower owes Lender one hundred two thousand and 001100 Dollars (U.S. 5102.000.00 ) plus latcnat. Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt In full not later than September 1. 2035 (B) *Preper'ty" means the property that Is described blow under the heading "Transfer of Rights In the "may" (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and rate charges due under the Note, and all sumo due under this Security Instrument. plus Interest. (G) "Rides" means aU Riders to this Security Instrument that are executed by Bortower. The following Riders are to be executed by Borrower (check boa as applicable): Adjustable Rate Rider P Condominium Rider Second.Home Rider Balloon Rider Planned Unit Developmnes Rider 1.4 Fondly Rider VA Rider Biweekly Payment Rider Other(s) [specify] (EE) "Applicable Law" means all controlling applicable federal, state and local statutes. regulations. ordinances and administrative rules and orders (that have the effect of law) as well a9 all applicable 6na1, non-appealable judicial opinions. M "Community Aaeoclaiden Dun. Fees, and Assammeab" mesas all dua, fees, aaesomem and other charges that are imposed on Borrower or the Property by a condominium anoclation, homeowners association or similar orsani-don. (J) "Electronic Funds 'F`ranater" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic termind. telephonic Instrument, computer, or magnetic tape so as to order. lastnu t, or authorise a f encM institution to debit or credit as account. Such term includes, but Is not limited to, point-of-sale transhn. automated teller machine traaeactions, transfers initiated by telephone, wire try, and atuomened clearinghouse transfers. (10 "Eswow Items" means those Items that ate described in Section 3. (L) "Misedlaneotte Proceeds" mleama any coapeasation. settlement, award of damage, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 3) for: 0) damage to, or damuction of, the Property,, (d) condemnation or other taking of ail or any part of the Property; (lit) conveyance In Piero of condemn on; or (iv) miatepraenUUions of, or omisslom sa to, the value and/or condition of the Property. M "Mortgage Insurance" naems insurance protecting Leader against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Secaaity bmatrume nt. 00831 601 at-atPAIMMI me=dia 08/23/2005 9:34: n Prot D0602PA (0'l/Z005)Rev.Ol M 1922PG3320 (O) 12MA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 7601 et seq,) and its implementing regulation, Regulation X (24 C.P.R. Part 3300), u they might be amended from time to time, or any additional or successor legislation or regulation that governs the am rAjota matter. As used in this Security Instrument, "RESPA' refers to all regniremeab and restrictions dud are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally Mated mortgage loan" under RE PA. (P) "Suamisor In Interest of Borrower"' means any party that bas takes title to rho Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lander: (1) the repayment of the Loan, and all reuawds, extensions and modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Leader the following described property located in the County MW of Romrdhg 1u"icdonl of CUMB ERLAN D Db= of Hecordtea JUbdtdlonl: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF: which currently has the address of 636 WALNUT BOTTOM ROAD SHIPPENSBURG ('Property Address"): Isowl Icky1, Pennsylvania 17257 lzlpeode] TOGETHER WITH all the improvements now or hereafter erected an the property, and all easements, appurtenanow, and fixtures now or beceafter a pat of the property. All replacements and additions shall also be covered by this Security Instrutned. All of the foregoing b referred to in this Security Instrument as the "Property." 0063717 S3 - .60& PeN3 08/23/2005 9:3 .03 X98 7107 do&mpa (031M)trev.01 8K I 922PG332'1 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and ban the right to mortgage, grant and convey the Property and that the Peopaty is uneactusbewd, except for mcumbtamcee of record. Borrower warrants and will ddlead generally the We to the Pmpwty against all claims and demands, subject to any eutaraobrances of record. THIS SECURITY INSTRUMENT combioa uniform covenants for national we and non-uniform covenants with limited variations by jurisdiction to coastim a unlfoms security inatrwa at covering real property. UNIFORM COVENANTS. Borrower and lender covenant and agree as fbIlowa; 1. Paymmt of Principal, Interest, Escrow Item, MOM aseat Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note ad any prepayment charges and late charges due under Wo Note. Borrower ehadl also pay fwads for Escrow Items pursuant to Section 3. Payments due under the Note and this Security loattumeat shill be made in U.S. currency. However, if any check or other honment:coshed by Lander as payment trader the Note or this Security Instrument is returned to leader unpaW, Leader may roquire that any or all subsequent payments due under the Note and this Swurity Insuumeat be made in one or more of the following forms, n selected by leader: (a) crib; (b) money order; (c) =diW check, bank chock, treasurer's check or cashier's check, provided any such check is drawn upon in institution whose deposits are insured by a federal agency, Instrumentality, or taaity; or (d) Ek%zonic Funds Transfer. Psymmta are deemed received by Leader when recdved at the location designated in the Note or at such other kadon as may be designated by Leader in aocordaum with the notice provisions in Section 15. Leader may return any payment or partial payment if the payment or partial payments on insufficient to bring the Loan current. I ender may accept any payment or partial payment insufAdeet to bring the Loan current. without waiver of any rights hcrcunder or prejadice to its rights to who such. payment or partial payments in die fnture, but Leader In not obligated to apply such payments at doe time snrh payments are accepted. If each Periodic Payment is applied as of its scisehtted due dace. then Leader need not pay intare d on unapplied funds. I an may hold suck unapplied finds until Borrower makes paymaat to bring the Loan ctmreaL If Borrower does not do so within a reasonable period of time, Lender shall eitha• apply such foods or return them to Borrower. If not applied earlier, such fends 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 Bonowa fiom salting payments due under the Note and this Security Instrument or pm1brming the covenants and agreements secured by this Security lastrummt. 2. Application of Payments or Prooeeda. Except as otherwise described In this Section 2, all payments accepted and applied by Leader alall be applied in the following order of priority; (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Sad 3. Such payments shall be applied to each Paladle Payment in the order in which it became due. Any reondaiog amounts shall be applied first to late charges, second to any otha amounts due wader this Secorky I=uwn at. 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 in pay any fate charge due, the payment may be applied to the del payment and the late charge. If more than one Periodic Payment is outstanding, Leader may apply any payment received from Borrower to the repayment of the Ptrlodic Payments if, and to the extant that, each payment can be 00635 4ft-G(PAI iooue) r'u'n d 's 081231 2005 4 • 03 3039 1ro1 noe.04pA rosrmoslttw.on 9K1922PG3322- paid In )lull. To the extent that say excess exists aft the payment is "Had to the full payment of one or more Periodic Payments, such excess may be applied to any Isle charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, Was= proceeds, or Misoeilmeous Proceeds to principal due under the Note shall not extend or postpone the due dare, or change the amount, of the Periodic Payments. 3. Funds for Farow Items. Borrower shall pay to Leader on the day Periodic Payments sae due under the Note, until the Note Is paid in full, a sum (the "Fads') to provide for payment of amounts due far: (a) taxes and asseaments and other Items which can smiln priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasthtold'payments or ground terra on the Property, if any, (c) premiums for any and all Insurance required by Lender under Section 5; std (d) Mottgoge Insurance premiums, if any, or any rums payable by Borrower to Lender in Urn 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 say time during the term of the Loan. I.ender may require that Community Association Dues, Fees, and Asses msents, if any, be escrowed by Borrower, and such dues. fees and assessments shail be an Barrow Item. Borrower shall promptly famish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Fuada for Escrow lima unless Leader waives Borrower's obligation to pay the Funds for any or all Escrow items. bender 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 bears waived by I andesr and, if Leader requites, shall fumiah to Lender receipts evidencing such payment within such 9me period as Lender may require. Borrower's obligation to maim such payments and to provide teodpts shall for all purposes be deemed to be a covenant and agreement contained in this Security hishument, as the phrase "coven t sod agreement" Is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the amount due for an Barrow Item, Lender may exemse its rights under Section 9 and pay such amount and Sonower shall then be obligated under Section 9 to repay to Leader air Much arroML Lender may revolve the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section is and, upon such revocation, Borrower shall pay to Leader all Funds, and in such amounts, that are then required under this Section 3. Larder may, at arty dine, collect and hold Funds in an amount (a) sufficient to permit Leader to apply the Funds at the time Mpechtled under RESPA, and (b) sot to 11,1 , I the maximum amount a lender con require under RESPA. Lender shall estimate the amount of F1mds due on the bads of current data and seasonable catimates of expendimm 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 (hncluding Larder, If I.ender Is an institutiam whose deposits are so Insured) or in any Federal Home Loan Bank. Lender shall apply the Panda to pay the Escrow Item no Iota than the time specified under RESPA. Mender shall not charge Borrower for holding sad applying the Funds, smtually analyzing the escrow account, or verifying the Escrow Items, unless Linder pays Borrower inkrest on the Fun& and Applicable Law permits Leader to mate such a charge, Unless in agreement is made In writing or Applicable Law requires interest to be paid on the Funds, Larder shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Linder can agree In writing, however, that interest 00837 5 trM ? ?f-Q(PA) mwe? ?s^p'a Q8/23/5 :3 :03 3039 1101 W&OSPA (05rMS)Rav.01 UK f 922PG3323 shall be paid on the Funds. Lender shall give to Borrower, without dwge, an annual a=nlndng of the Funds as required by RESPA. if there is a surplus of Funds held in escrow, as defined under RESPA. Leader shall account to Borrower for the excess funds in accordance with RESPA. If these is a dwrtaga of Hands bold in escrow, as defined under RESPA,1.ender shall notify Harrower as n gWrcd by RBSPA, and Borrower shall pay to Leader the amount necessary to make up the shortage in accordance with RUM but in no, more thsa M monthly payments, If there Is a deficiency of Funds held in escrow, a defined under RESPA. Leader shall notify Borrower as required by RESPA. and Borrower shall pay to Deader the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment In fall of all sums secured by this Security Instrument, Lender shell promptly refund to Borrower any Funds held by Irader. 4. Chargm; Liens. Borrower shall pay all tea, Assasmeats, charges, tiros, and impositions attributable to the Property which can attain priority over this Swm* Instrument. lessehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, ad Aesasmmts, if any. To the extent that these items are Escrow Items, Borrower shall pry them In the msnaer provided In Section 3. Borrower am 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 lira In a maser axqutable to Leader, but only so long es 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 Lader's opinion operate to prevent the enforcement of the lien while those proceedings are pending. but only until snit proceedings are concluded; or (c) secures from the holder of the lien on agreement Udefi story to launder subordinating the lien to this Security Instrument. If Lends determines that any part of the Property is subject to a lien which can attain priority over this Security Instnnment, Larder may give Basmwer a notice identifying the lien. Within 10 Jaya of the date on which that notice is given, Borrows 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 repotting service used by Leader in connection with this Lawn. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazuda included within the tam -extended coveage,' and any other hazards including, but not limited to, en*gwtoea and floods, for which Lends requires Insurance. Thia Insurance shall be maintained in the amounts (Including deductible levels) and for the periods that Leader regains. What Lender requires pursuant to tha preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower aAPO to Lender's right to disapprove Borrower's choice, which right shall net be ezadsed unreasonably. Lender may require Borrower to pay, In connection with this Lon, tither: (a) a onetime Charge for flood zone determination, certification and irselting services; or (b) a one-time charge for flood zone determination and certification services and aubsegwmt charges each time ressaWags or similar changes occur which reasonably might affect sash determination or certification. Bortrower dM also be responsible for the payment of any fees Imposed by the Federal Bmargmey Ma nigatow Agency in contusion with the review of any flood zone determination resulting from an objection by Borrower. 0083y ?e1PAI rooae? °`o' a a/ 1e 08/23/2005 9:34:03 Fam 3089 1101 D06.OPA (osnooS)Rv.on 9K ! 9 2 2 PG 3 3 2 4 If Borrower fails to maintain any of the coverages described above, Leader may obtain insurance coverage, at Lender's option and Borrower's expanse. Leader is under no obligation to punch a any particular type or amount of coverage. Therefote, such coverage !ball cover Leader, 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 garner or lesser coverage than was previously in d Mad. Borrower admowledges that the cost of the insurance coverage so obtained might significantly exceed the cart of Insurance that Borrower could have obtained. Any amounts didmeed by Ltadw under this Sorties S shall become additional debt of Borrower secured by this Security hwhument. ThM a snow" shalt bear interest at the Note rate from the due of disbursement and shall be payable, with such interest, upon notice grm Lender to Borrower requesting payment. All insurance policies negaired by Lander sad renewals of such policies shall be subject to Lender's right to disapprove such policire, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Leander shall have die rlgtt to bold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all reoelpts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage. not otherwise requited 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 lose payee. In tine event of loan, Borrower shall give prompt notice to the Insurance carrier ad I ender. Linder may make proof of loss if not made promptly by Borrower. Unless Lender ad Borrower othawiac agree In writing, any insurance proceeds. whether or not the underlying humance was required by Lander, shall be applied to restoration or repair of the Property, if the restontion or repair Is economically feasible and Leader's semnity 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 Soaped such Property to eosum the work has been completed to Leader's satisfaction, provided that such Inspection shall be undataken promptly. Lander 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 tan agreement is garde in writing or Applicable Law tequlres Inswest to be paid on such insurance proceeds, Deader shall not be mpdred to pay Borrower say interest or earnings on such proceeds. Fees for public s4jaateas6 or other d&4 parties. mWeed by Borrower shall not be paid out of the insurance proceeds ad shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the k urancc proceeds shall be applied to the sums secured by this Security Imuum rat, whether or not rhea 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, Leader may file. negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice frown I.enda tint the Insurance carrier has offered to settle a claim, thm Lender may negotiate and settle the elem. The 30-day period will begin when the notice is glum. In either event, or U Leader acquires the Property under Section n or otherwise, Borrower hereby assigns to Lender (a) Bonowees, rights to any insurance proceads in an amount not to exceed the amounts uopald under the Note or this Security Instrument, and (b) say other of Borrower's rights (other, than tie night to any reload of unearned premiums pald by Boaawor) under all lamnaze policies covering the Property, insofar as am& rights an applicable to the coverage of the Property. Lander may use the insurance proceeds elther to repair or &COA the Property or to pay amounts unpaid under the Note or this Security Insaumetit, whether or not then due. 00837 5 -!IPA) =wi Ise 2C 34:03 FFQQtmJ Boas ,roe 006-07PA cos,xws)rsn.oi 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the etcecution of this Security Instrument and shall continue to occupy the Propaty as Borrower's principal reddeam for at leant am year after the date of occupancy, unless Leader otherwise agrees in writing, which consent shall not be unreasonably witdbeld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Prsaer ndou, Madnteosnca and Protection of the Ptopetrlyl Inspecd a w. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower Is residing in die Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in valae doe to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically fen W Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If Insurance or condemnation proceeds am paid In connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if I.emdar bas released proceeds Ibr such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the wort is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Banowa's obligation for the completion of such repair or restoration. Lender or its agent may rondo; reasonable entries upon and Inspections of the Property. If it has reasonable cause, Lender may inspect the interior of cue Improvements on the Properly. I.etida shall give Borrower notice at the time of or prior to snit an interior hupection specifying such reasonable cause. S. Borrower's Lien Applicadon. Borrower stall be in default if, during the Lora application process, Borrower or any persona or entities acting at the direction of Borrower or with Borrower's knowledge or tsoinseant gave materially false, misleading. or inaccurate knformadon or statements to Lender (or failed to provide Leader with material iofoomation) in connection with die Loan. Mst=W representations include, but arc not limited to. repteeentations concerning Borrower's occupancy of die Property as Borrower's principal residence. 9. Protection of L da's bte:est in the Property and Rights Under this SearrltT inskunad. 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 Instrumeat (such as a proceeding In bmieupny, probate, for camdensoadon or forMar+e, for enforeaneot of a lien which may srtain priority over this Security Instrument or to enfam laws or regulations), or (c) Borrower has abandoned the Property, then I?ender may do and pay for whatever is reasonable or appropriate to protect Leader's iaterest In the Propoity and rights under this Security instrument, including protecting and/or assessing the value of the Property, and securing sstl/or repking the Property. Lender's actions can include, but are act limited to: (a) paying any sums seemed by alien which has priority over this Security Instrument; (b) appearing in court; and (o) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Ineamment, including Its secured position in a bankruptcy proceeding. Securing the Property inchWes, but is not llrnltad to, entering the Property to make repairs, change lochs, replace or board up doors ad windows. drain water from pipes, eliminate building or other code violations or dangerous coadit ens, and have utiaitia turned on or off. Although Lender may Wee action under this Sadao 9, Lender doer not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no llabidity for not taking any or all actions authorized under this Section 9. 00837 9,1 i -OtPAlrooos? 08/23/2005 9:34:03 Fm3O39 Trot DO&O5PA (O5rM3)Rcv.01 BK 1922PG3326 -'r ' ' Any amounts disbursed by Leader under this Section 9 shall hexane additional debt of Borrower secured by this Security Instrument. These amounts shill bar interest at rite Note rate *am the date of disbursement and shall be payable, with such interm, upon notice from Lender to Borrower requesting t paymo. fI 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 shalt net merge unless Lender agrees to the merger in writing. to, Mortgage Insurance. If Leander required Mortgage Imaataace as a condition of making the Loan, Borrower shall pay the premrlums requited to mefmwn the Mortgage Insurance in effeet. If, for any reason, the Mortgage Insurance coverage required by I.emder ceases to be anrAWe from the mortgage insurer that previously provided such insuanc:e sad Borrower was requited to matte at prrcsaely de dpolod psym c ors toward the premium for Mortgage Insurance, Borrower shall pay the premium required to obtain coverage substantially equivalent to the Mortgage Ias=nee previously in effect, at a east subdardbdky equivalent to the coat to Borrower of the Mortgage hhsursaee previously In effect, from sa alternate mortgage insurer selected by Lender. If substsaWy equivalent Martiisp Iashrahce coverage is not available. Borrower shall continue to pay to lAxler the amount of the sep surly daigusted payments that were due when the lnsurance coverage ceased to be in aged. Landes will accept, use slot retain these payments as a non-refundable loss reserve in lieu of MoetM Imuraaoe. Such loss reserve aball be non reiirudable, notwithstanding the fact that the Loam is uld ossudy paid in full, and mender shall not be required to pay Borrower any interest or earnings on each lase serve. Leader can no low require loss reserve payments if Mortgage Insurance coverage (in the smonat and for the period that Leader requires) provided by art insurer selected by Leader again becomes avadeble, h obtained, rod Lander taquira separately designated payments (award the premiums for Mortgage tosurnce. If Leader required Mortgage Insurance ae a condition of !Waiting the Loan and Borrower was required to make sgmratdy designated paymmta toward the premiums for Mortgage Insurance. Borrower shall pay the pmmh me required to maintain Mortgage Insurance in effect, or to provide a non-refundable lose rese tve, until Leader's requirement for Mortgage Insurance cads In accordance with any wdttem agreement between Borrower and Leader providing for such tenninsdon or until teanninalem it rerpired by Applicable Law. Noddag in this Section 10 affects Borrower's obligation to pay hum at the rte provided in the Note. Mortgage Insurance reimburses Leader (or say entity that pordwas the Note) for certain losses It may Incur If Borrower does not repay the Loan as agreed. Borrower In not a party to the Mortgage Insurance. Mortgage inmrers evaluate their total risk on all such inmrauee is foree from time to time. and may enter into agreements with other parties that share or modify their risk, or reduce loasto. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and die other peaty (or pasties) to these agreements. 'hese agreements may require the mortgaga insurer to make payments using any source of blade that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any pumbaser of the Now, soother inwror, any coinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or hWhectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage bstra sue. in exchange for sharing or modifying the mortgage Insurer'a rids, or redacieg (oases. If such agmemrent provides that an affiliate of Leader takes a share of the insurer's clak In exchange for a share of the premiums paid to the insurer, the arrangement is often teamed 'cspdve Mosnroce.' F'orthe r: (a) Any such agreements will not affect the amomb that Borrow has agreed to pay for Mortgage Imurance, or any other taus of the lam. Such agreasreats will not Increase the ansotmrt Borrower will owe for Mortgage bummmce, and they will rot entitle Borrower to a w refund. 0083 7 4W-G(PA) (00021 Pops of it 08/23/200 5 3 M 3039 1101 DOb-09PA (05J1A05)ttev.01 B(t1922PG3327 (b) Any such agreements wiII not ailed the rtgluta Borlro M has - u any - with vaiped to the Mortgage Insurance under the Howwwaera Protedion Act of 1999 err any oihw law. 'thus rW& may include the right to reoetve certain dlodoan+es, to raquert cad oWft aoedlatlaet of the Mortgage Innurance, to have the Mortgage Inrjr s tarudaded ndo23, and/or to reedte a rutmed of any Mortgage Insurance preadiuma that were unearned at tae that of ow h eattkadon or tere2h aden. 11. Autgnneezt of Mtaodlaneoin Proceeds, Forfelture. All Misedllaneous Proceeds an hereby assigned to and shall be paid to Lender. If the Property is damaged, nhckt Miscellaneous Proceeds shall be applied to ratomina or repair of the Property, if the rntoratioo or repair is economically-feasible and iaaderto uxauity is not leaeeaed. During such repair and restoration period, Leader shall have rho right to hold such Misadlsoonw Proceeds until Leader hats bad an opporwalty to inspect such Property to wure the work has ban completed to Ladder's satisfaction, provided that such inspection shall be undertaken promptly. Larder may pay for the repairs and restoration in a single disburaemeat or in a series of progress paymens a the wort is conipicted. Unless an agreemcut is made in writing or Applicable taw requites al. tacr:et 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 Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the wmn nomad by this Security Instrument. whether or not than due, with the excess, its any, paid to Borrower. Swd? Misodlnumus Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or Ion in value of the Properly, the Misodhomm Proceeds shall be applied to the sums secured by this Security Indrument, whether or not than due, with the excess, if say, paid to Borrower. In the event of a partial taking. destruction. or kiss in value of the Property in which the fair market value of the Property immediately before the partial taking. destruction, or koae in value is equal to or grater than the amount of the auras secured by this Seduky b ttunmeat itao aftely before the partial taking, destruction, or toes In value, unlae Borrower and I.etwtuar otherwise agree In writing, rho sums segued by this Security Instrument :ball be reduced by the mount of the Miscdla was Proceeds multiplied by the following fraction: (a) the total amount of the rums secured immediately befin the ppudd taking, destruction, or lose In value divWod by (b) rte fair matim value of the Property imraedistely before the partial taking, destruction, or low In value. Any balance shall be paid to Bormwer. 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 tarring. destruction. or Ions to value Is lea than the amount of the sums secured immediately before the partial. taldeg, destruction, or loss in value. unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sunn secured by ibis Security Instrument whether or not the sums are thm date. If the Property is abandoned by Borrower, or If. alter notice by Leader to Borrower that the Opposing Party (as defined in the next sentence) offers to taste an award to We a claim for danagn. Borrower fella to respond to Lsndurr within 30 days deer the date rho notice Is given, Daudet is authorized to collect and apply the Miscellaneous Proceeds eWra to ratoeution or tepalr of the Property or to tiro auau seamed by this Secadty Inatnmoent, whether or not then due. "Opposing Patty" means tt third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miweiltmeoos Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in L.eader's judgment, could result in forfeiture of the Property or other material Impsirment of Gender's interest in the Property or rights under this Security Instrument. Borrower can canoe such a default and, if acceleration has oomrred, reinstate u provided in Seedon 19, by cawing the action or proceeding to be 008375 (dd.ar 4W-a(PAI(omi1 r.o.toer+e 08/23/2005 9.34:01 Faen3038 11(11 D"-iIIPA 03/2005)itev.01 8K ! 922PG3328 dieaaincd with a ruling that, in Lender's judgment, precludes forfaiwm of the Property or other material impairment of Lender's interest In the Property or rights wader this Seem* Instrument. The proceeds of any award or clalm for damages that are attributable to the impairment of Lad es interest in the Property are hereby aseigoed and *0 be paid to Leader. All Miscellaneous Proceeds that arc not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrowex Not Adeaaed; Farbehraace By Leadr Not a Waiver. Extension of the time for payment or modification of amortization of die summa secured by this Security Instrument granted by I.ender to Borrower or any Successor In Interest of Borrower shall net operate to release the liability of Borrower or any Saccamon in hderest of Borrnwet. Lender shall not be requited to commence prvtxedinga 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 eery demand mach by the WOW Borrower or any Stuceeaaors In Interest of Borrower. Any Earl mauce by Lander In exercising any right or remedy including, without limitation, Lender's aceeputoce of payments ham third persona, entitiesor 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. 13. Joint and SemW Liability; Co-si n w, Sucaraon and Aasiges Bound. Borrower covenants and agmes 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-dper'e iatem in the Property under the terms of this Security Instrument; (b) is not personally abllgarod to pry the sums secured by this Secudty Imtntnxnt; 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, say Saacesaor in latest of Borrower who assumes Borrower's obligations under this Security lastrumca in writing. ad is approved by Leader, shall obtain ail of Borrower's rights and bmeiits under this Security kdrun" Borrower ahaq not be released from Borrower' a obligations and liability under this Seaaaity boa meat auks Lettish to such release in writing. The covenants and agreements of this Security Instrument shall bind a:pt ae provided In Section 20) and benefit the successors and sasigns of Iroder. 14. Loan Charges. Leader may charge Borrower fns for services performed In connection with Borrower's default, for the purpose of protcatiag Leader's bt mt In tito Property and tights udder this Security Instrument, including, but not limited to, attorneys' foes, property inspection and valuation fee. In regard to any other fees, the absence of express authatity in this Security battument to charge a s wJft fee to Borrower abaft not be construed as a probibition on the charging of such be. Lender miry not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Lou Is subject to a law which seta maximum barn dargea. and that bw is finally hdaptstcd so that the interest or other loan charges collected or to be collected In connection with, the Loam exceed On permitted limits, then! (a) any such loan charge shall be reduced by the smou st necessary to reduce the charge to the permitted limit; and (b) any aunts already collected from Borrower which exceeded permitted limits will be reflndcd to Borrower. I?ender may choose o make this refund by reducing the principal owed under the Note or by waking a direct payment to Borrower. If a mfbad roducca pp si, the reduction will be treated as a partial prepayment Without any prepayment charge (whsiha or not a prepayment charge Is provided for under the Note). Borrower's atxgWmte of any sucb refund made by direct payment to Borrower will constitute a waiver of any tight of sedan Borrower might have arising out of such overcharge. 15. Notkas. All noticce given by Borrower or Lender in connexion with this Security Instrument mast be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 008375 -e(PA)(cooe( r'u"iy0" 08/23/20 5 903 Fe?n3D3a tilD1 D06-1 IPA (0512005)RmOt BK 19*22PG3329 have been given to Borrower when mailed by first ekes snail or when actually delivered to Borrower's notice addreos H sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice allkm shall be the Property Address unless Borrower has designated a substitute notice address by nodoe to IRader. Bommer shall proodptly notify Lander of Borrower's change of address. If Lender speAffics a ptooedwe 1br reporting Borrowa's change of address. tbea Borrower shall only report a cbsnp of a kireao throso tLat epeeiiged procedure. Than may be only one designated notice address under this Security bstrsmmt at my one time. Any notice to Leader shall be given by delivering it or by ttmdlk$ it by first class m#A to Leadx's address stated herein unless Lender has dedgoated another address by notice to Borrower. Any nadoe in connection with this Security butrumeat shall not be deemed to have been ggrreen to Linder owl actually received by Lauder. If any notice wqultr d by this Security hadrummt Is disc requited under Applicable Law, the Applicable Law requirement will satisfy the corresponding n gWnmamt under this Security tnatretmeat. 16. Governing lAw; Sevrrabitity; Rules of Coodrise lon. This Security Intu meat shall be governed by federal law and the law of the jurisdiction In which the Property is located. All rights and obligation 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 contria or it might be alien, but such silence shall not be construed as a probibidon againrtt apaement by eoutasd. In the event that any provision or clause of this Security lastrument or the Note eotfliets with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given affect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and Include co ding neater words or words of the feminine gender (b) wards Its the dngular doll reran and Include the plural and via versa; and (c) the word 'may" gives sole discretion viithout any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note sad of this Security Instrument. 18. Transfer of the Propo ty or a Bedmeikid Worst in S ro +er. As used In this Section 18, "ktteremt In the Property" scans any legal or beneficial intrust In the Property, Isdndfat«I but not limited to, those beneficial interests transferred In a bond for deed, ooatrad for deed, Inetal>mest eta Courses or escrow agreement, the intent of which Is the transfer of title by Borrower at a Mw data to a purchaser. If all or any part of the Property or any lnterett is the Property Is sold or' A aore I (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) wIMM Leader's prior written consent, Leader may require: immediate paymcat in Mall of all amts seamed by this Security Instrument. However, this option shall not be exercised by Lender If such mocha is prohibited by Applicable Law. If Lam exercises this option, Leader shall give Borrnwax notice of acceleration. The sotka shall provide a period of not leas than 30 days from the date the notice Is given In accoudmce with Section 15 within which Borrower must pay all sums second by this Security hatruma C R Borrower falls to ley these sums prior to the expiration of this period, Lender may invoke say remedirs permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Accelwadon. H Borrower recta certain ooadhiom, Borrower shall have the right to have enforcement of this Sccw* Instrument diaoondaaed at say time prior to the earliest of: (a) five days before sale of ton Property pursuant to any power of We contained In this Security Instrument; (b) such other period as Applicable Lsw might specify for the lamination of Borrower's right to reinstate; or (c) entry of a judgement enforcing this Security Isruumft. 'Chose conditions are that Borrower: (a) pays leader all wins which then would be tone trader this Security instrument and the Note as if no acceleration had occurred; (b) arses any default of any other covenants or 0083 7 ?;4 ?e1PAiromaE a.wix?r?s 08/23/200 9;34:03 30" 1701 D0&12PA (OVIM)Rsw,01 BKI922FG3330 agreements; (c) pays all expenses incurred in enforcing this Security WSWU sat, Including, but not limited to, reasonable anocneys' fees, property inspection and vNuation fees, and other few haaaatW for the Purpose of protacting Lender's interest in the Property and rights under thlm Security Inahnment; ad (d) Wm Itch action as bender may reasonably require to snares that y an odar-a Ink" d in the property and rights under this Security Lutrument, and Borrower's obligation to pay the an accused by this Secorky bmtmtment, abaft continue unehaaged, Leader may require that Borrower pay Inch MINUMUNIAM some and expanses in one or more of the following forms, as adected by Irader; (a) cub; (b) moray order: (e) cettif cd check, bank check, treasum's aback or cauhleris check, provided any such diode is drawn upon an 105114ht101 whose deposits am insured by a federal agency, instrmoenwllty or eadty; or (d) ®ecMk Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and oWgainoos mawred hereby shall remain fully effective as if no aaxlmatim bad ociainM. Howaver, this right to reimstme shalt not apply in the case of aooeleradon under Section 18, 20. Sale of Note; Change of Loan Serviar, Notice of Grimm. The Note or a partial Intetaet in the Note (together with this Security bmtrument) 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 'Loam Saviour") that collects Periodic Payments due under the Note and this Security Instrummt and parfDM Other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more C1111490 of the Loan Servhxr unrelated to a We of the NOW If there Is a change of the Loma 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 trade and any other iWormadoa RESPA required in connection with a notice of transfer of servicing. U the Note is add and dw after the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mmtgage noun smvlaing ootdigadoot Borrower will remain with the Lou Servicer or be transferred to a succaeor Loam SUAM and va not assumed by the Note pumbaser unless otherwise: provided by the Note puvdum, Neither Borrower nor Lender may commence, join, or be joined to any jw&W action (ae either an brdividaol lf4gent or the member of a claw) that arises from the other puty'a actions porsoant to this Security Instrument or that alleges that the other party has broached espy pwvbion of, of sm dcq owed by moon of, this Security Instrument, until much Borrower or Leader bat notified the other party (with such notice given In compliance with the mT*emea% of Section U) of Such alleged breach and Wkwded the other party hereto a reasonable period after the giving of such notice to Was corrective action. If Applicable Law provides a time period which moat lapse before certain action as be taken, that time period will be deemed to be reasonable for putpomea of this paragraph. The notice of aooeletsdon and opportunity to cure given to Borrower pursuant to Section 22 and the notice of soodlaulm gtvm to Borrower pnrsaaut to Section 18 :hall be deemed to satisfy the nadca and opportunity to take cogreadve :colon provisions of this Section 20. 21- Amn'dsam SubOtmm- As used in this Section 21: (a) Mazaodoue - ate those substances defined as toxic or harirdous substances, pollutants, or wastes by EnvhottanenW Law and the following eubstanoes: gasoline, kerosene, other IIemmble or toxic petroleum ptls&M, tattle pesticides and borblcidea, volatile solvents, materials containing ssbeetot or formakithyde, and rsdmecdva atetW&b, (b) "Envimonmental Law" mesas federal laws and laws of the judsdicdon abate the Btoparty it located that relate to health, safety or environmental protection; (c) 'gnvltontceatd Cleanup. inclodes any response action, reanedial action, or removal salon, ed defined in Bnvhuarrheatsl Law; and (d) an -Environmaw Condition" means a condition that can cause, contribute to, or othavviae pigger an Lavitommental Cleanup. 00, .avj 0 -0(PA) =02) ?'-''? P`30"a 08/23/2005 9.34:03 3039 elO1 D06-13PA (OSn00S)Rcy,01 Borrower shall not cause or permit the presem, use, disposal, storage, or udeaee of any Humdous Substances, or threaten to release any Hazardaaa Subdzwea. oil or in the property. Borrower dall not do, nor allow rayons else to do, anything affecting the property (a) that is in violation of arty Faviron swirl Law, (b) w crates as Envkon=nW Condition. or (c) which, due to the preamce, ure, or rnkm of a Hazardous Substance, creates a condition that adversely affecu the. value of the property. The preceding two sentences shall not apply to the preseaee, use, or Storage on the of Emu quantities of Hazardous Mrtaaoes th am grnexatly recognized to be appropriate to? reddmtW rase and to rnaintamacc of tiro property (including, but not limited to, bazsrdaa stabwaaoa in oaasamoer pre ueta). Borrower dull pmmptly give Lain r written notice of (a) say laveatiption, claim, demand, lawsuit or other action by any governmental or regulatory agency or ?ydo party involving the sad any Hazardous Substance or Environmental Law of wh h rnrower has aepal know e, (b) any Environmental Condition, including but not limited to. anpp aptWng leafing, dieduuge. nftw err threat of release of any Hauddous Subalaace, and (c) any coadltioa caused by the prawn use or release of a Hazardous Substance which adversely Watts the value of the Property. If Borrower lemma, or is notified by any governmental or regulatory authority, or any private party, that any removal or odw ranedinion of any Hazardous Sabots= affecting the Property Is ncommy, Borrower shau pp?,? talcs W necessary remedial actions in aceordaace with Environmental Law. Nothing hnrda shallcreate any obligation on Leader for an Environmental Cleanup. NON-UNIFORM COVENAN & Borrower and tender fintber coveaaat and agree u MM.- 22. Aecel l *" , nI Reauodtes. Leader dtdl give notice to Eorrom Prot' to seodmiam fblbwiag Borrower's breach of any covenant or agreaneut in thhr 8axrtlty lit nNM (bet not prior to aecdaration under Section 18 unlace Law pa+avldea olhee?r>.e). Loader a J Darrower of, among other thiagso (a) thero) the adion regdrad to we the defer (o) when the ddatdt moat be cured; and (d) that failure to cure the dttlaait as Specified law 1201* In acedwWon of the am senmed by thh Security hA mm ent, ioredoanre by u We ocee mod sale of the rropety. Leader shall further loderm Bwmma of We tight to rdaufaie aeodaratkn and the right to aarert is the feredesare the sen?sleooe of a dehak or mq other ddeame of Bwrower to acedwation and foradewnraw r the doh dt la set cared ar apeefl 4 Leader at its option many retain Immediate payment In WB of art emu seeueed by this 8eaady Io kunat Widaut fhaiher demand and may foralose this Seerreity lfawmm iaat by juSdd Laader shall be entitled to collect all asperses Incurred in nip the nowilis provided Ice tide 22, kwh ding, but not limltted to, attorneys' fns and coda of Wk eritlence to the edict parmfed by Applkable Law. 23. Relcm. Upon payment of all auma secured by this Security lu aumeot, this Security Imtrument and the estate conveyed drgll tmminato and bacomc void. After such oa hence, Lauder shW discharge and Bad* lira Security Instrument. Borrower shall pay as roootdalion am, Ltatrltx may charge Borrower a fee for releasing thin Security lmatrument, but ordy if the fee Is paid to a third party for services rmdemd and the du rging of the fee is permitted ceder Applicable Law. 24. Welvers. Borrower, to the moat permitted by Applicable law, waives and releases any amen or defects in proceedings to enforce this security instruneot, gad hereby wary" the banfit of Bay present or future laws providing for stay of execution, extension of there, exemption from attachment, levy and sale, and hameatead exemption. 25. Refinhdemrnt Period. Borrower's tim to reinstate provided in Sodion 19 shall curnd to one hoInstrumenur to the comet of bidding at a aberiff s oak or other sale pursuant to this Security 26. Pambase Money Mort;age. If any of the debt securer by this 5aartity Iastrarawt is lent to Barrowar to acquire title to the property, this SOW* Instrument aball be a purchase coney mo 27. Intesrest hate Alter Judgment. Borrows agrees that the interest rata payable alter a j= is entered on the Noce or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 0083!!7 .t4irn'r" /G ( ft-ntP/?I toooe? v.o. 14d to 08/23/2006 9:34:03 fOfr" 3M 1101 D06.14PA (05/2005)Rev.01 BK ! 922PG3332 F BY SIGNING BELOW. Borrower accepts end egrae tO the temp and COVOpe°ta cOntalnW its this Security Instrument and In any Rider executed by Borrower end recorded with it. Witnesses: GEO L. DEINL 9oaoaer S8E L. DEIHL -aaRO.?e? ;INDALE (Sal) -Borrower (Seal) -Borrower _ (seal) -Bo mwa _ (Sal) -Borrower (Seal) (Seal) Bormwer -aonowa 0083717553-9604 ®-6tPAllowa) Paois*#It 08/2312005 9:34:03 ftM3039 1101 a06-15pa (osnoos)RmOt Bit i 922PG3333 t Cettigests of Residence , do hereby certify that the correct address of the vrithfn-named Mortgagee is Witness my hand this Day day of Nw eer Agmt of N&IM0ea COMMONWEALTH OF PENNSYLVANIA LM&r /0 id county as: On this the aN day of AQ &.V- ,:2 m-5- before me, ear the undersigned officer, personally appeared known to me (or eatisfactorHy, proven) to be the person(s) whose name(s) Islets subscribed to the within Instrument and acknaMedged that helsheNhey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 1)-e-0: V CMMWWR FQF_ My IMAM I VA 099 RM WAMM. NotatY Pubis 1$ 7Mip., CM160ttrd ZOtl6 b ZOt16 Title oe attaston Now. IM ?IIIII[?M v.ee to d ?e OOb3717553 - 9804 0923rA*05 9,,MA3 AM 40046PA (03rM!DR--01 BKI922PG3334 Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 636 Walnut Bottom Road, Shippensburg, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: November 1, 2009 to February 1, 2010 @ $1,128.88 = $4,515.52 Other charges (explain/itemize): Late Charges: November 16, 2009 to February 16, 2010 @ _ $48.24 $192.96 Inspection Fees: _ $14.00 Appraisal Fees = $515.00 TOTAL AMOUNT PAST DUE: _ $5,237.48 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,237.48, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Chase Home Finance LLC c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro & DeNardo, LLC Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610)278-6800 Fax number: (610)278-9980 Contact person: Christopher A. DeNardo, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You - may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE PROCEEDING OR ANY OTHER MORTGAGE DOCUMENTS, OF A DEFAULT IN ANY FORECLOSURE LAWSUIT INSTITUTED UNDER THE • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27/2009 2:21:07 PM CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717780.3940 800.342.2397 Date: ? ? (7---) 7009 1680 0001 2930 4079 Reshendalene L. Deihl 636 Walnut Bottom Road Shippensburg, PA 17257 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER LAW FIRM FILE NO.: George L. Deihl and Reshendalene L. Deihl 636 Walnut Bottom Road, Shippensburg, PA 17257 83717553 Argent Mortgage Co., LLC Chase Home Finance LLC 10-037282 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY-THREE (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-,If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 636 Walnut Bottom Road, Shippensburg, PA 17257 1S SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: November 1, 2009 to February 1, 2010 @ $1,128.88 = $4,515.52 Other charges (explain/itemize): Late Charges: November 16, 2009 to February 16, 2010 $48.24 $192.96 Inspection Fees: _ $14.00 Appraisal Fees = $515.00 TOTAL AMOUNT PAST DUE: _ $5,237.48 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,237.48, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Chase Home Finance LLC c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone number: Fax number: Contact person: CIO The Law Firm of Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 (610)278-6800 (610)278-9980 Christopher A. DeNardo, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You _ may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27/2009 2:21:07 PM CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Date: George L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 7009 1680 0001 2930 4994 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseline Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearine can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: LAW FIRM FILE NO.: George L. Deihl and Reshendalene L. Deihl 636 Walnut Bottom Road, Shippensburg, PA 17257 83717553 Argent Mortgage Co., LLC Chase Home Finance LLC 10-037282 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY-THREE (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 636 Walnut Bottom Road, Shippensburg, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: i J November 1, 2009 to February 1, 2010 @ $1,128.88 = $4,515.52 Other charges (explain/itemize): Late Charges: November 16, 2009 to February 16, 2010 @ _ $48.24 $192.96 Inspection Fees: _ $14.00 Appraisal Fees = $515.00 TOTAL AMOUNT PAST DUE: _ $5,237.48 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,237.48, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Chase Home Finance LLC c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE `THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro & DeNardo, LLC Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610)278-6800 Fax number: (610)278-9980 Contact person: Christopher A. DeNardo, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You _ may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 1 v YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE PROCEEDING OR ANY OTHER MORTGAGE DOCUMENTS, OF A DEFAULT IN ANY FORECLOSURE LAWSUIT INSTITUTED UNDER THE • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27/2009 2:21:07 PM CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 4 Date:_ Reshendalene L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 7009 1680 0001 2930 4093 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER LAW FIRM FILE NO.: George L. Deihl and Reshendalene L. Deihl 636 Walnut Bottom Road, Shippensburg, PA 17257 83717553 Argent Mortgage Co., LLC Chase Home Finance LLC 10-037282 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY-THREE (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 636 Walnut Bottom Road, Shippensburg, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: November 1, 2009 to February 1, 2010 @ $1,128.88 $4,515.52 Other charges (explain/itemize): Late Charges: November 16, 2009 to February 16, 2010 a, _ $48.24 $192.96 Inspection Fees: _ $14.00 Appraisal Fees = $515.00 TOTAL AMOUNT PAST DUE: _ $5,237.48 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,237.48, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Chase Home Finance LLC c/o Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt- This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before _the_Sheriffs Sale. You may -do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro & DeNardo, LLC Address: 3600 Horizon Drive, Suite 150, King of Prussia, PA 19406 Phone number: (610)278-6800 Fax number: (610)278-9980 Contact person: Christopher A. DeNardo, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You _ may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. J YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE PROCEEDING OR ANY OTHER MORTGAGE DOCUMENTS, OF A DEFAULT IN ANY FORECLOSURE LAWSUIT INSTITUTED UNDER THE • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27/2009 2:21:07 PM CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.3341518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 r JPMC Specialty Mortgage LLC v. George L. Deihl and Reshendalene L. Deihl VERIFICATION The undersigned is Assistant Vice President of Chase Home Finance LLC on behalf of JPMC Specialty Mortgage LLC and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Chase Home Finance LLC on behalf of JPMC Specialty Mortgage LLC 5?? - - Name: ene L. Sta 9 Title: Assistant Secretary Company: Chase Home Finance LLC. 10-037282 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC PLAINTIFF VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS fil~f~-~;` ;""'c ~~F ?N~ ~!?~.,.~,~,, ~17grr! 2~~~ ~t}~~ ~ 2 ~~i ~' ~~ t~~. a~:~~l~ r i+.' COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-2236 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $110,595.68 in favor of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $98,744.83 Interest at 8.75% from October 1, 2009 to May 10, $5,254.74 2010(222 days @ $23.67 per diem) Late Charges $144.72 Escrow Advances $735.15 Appraisal Fees $515.00 Property Inspection $14.00 Title Search Fees $250.00 At F & C f F 1 torney ees osts o orec osure $4,937.24 TOTAL $110,595.68 BY: 1 ~ !' ~~ Michael J. Clark, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants and damages are assessed as above in the sum of $110,595.68. Pro. Prothy. 10-037282 $l~4.0o P~ Arr( ~,-~ 3410 ~ to ~' ~~ .. SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC ADV -Chase Home Finance LLC 10790 Rancho Bernardo Road San Diego, CA 92127 PLAINTIFF VS. George L. Deihl and Reshendalene L. Deihl DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY 10-2236 STATE OF: PENNSYLVANIA COUNTY OF: MONTGOMERY AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. As set forth by the following: 1. George L. Deihl is not in the active Military as set forth by the Department of Defense Manpower Data Center. A true and correct copy of the report is attached hereto as Exhibit "A." 2. Reshendalene L. Deihl was the party that accepted service of the Complaint at 634 Walnut Bottom Road, Shippensburg, PA 17257. A true and correct copy of the Sheriffs' Retur is attac hed hereto as Exhibit "B." SHAPIRO & ENA O ~ C Michael J. Clark, E quire Sworn to and subscr ed before me this ~l~ day 0. ,2010. I ~ ~ ,. Natary. Pubic ~.~~~ Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 May-11-2010 13:30:29 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency DEIHL GEORGE Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). ~ -~- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information lease q,~1,t~~,,tl~ '' ~~S.~RA points-of- contact. 1 1'~~~a~~~ C~r4 ° ~ ' ~-' ~' ' ~~ https://www.dmdc.osdanil/appj/scra/popreport.do ~~~ ~ ~ ~~~~~~ 5/11/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:I2VSM724QL https://www.dmdc.osd.mil/appj/scralpopreport.do 5/11/2010 i ~ 03~ a ~a SHERIFF'S OFFICE OF CUMBERLAND BOUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~ic~tikr at ~at+~f cfif~jjd~ r~~Ci~£ r~T:~"c ~k~RIF€ JPMC Specialty Mortgage LLC Case Number vs. George L. Diehl (et al.) 2010-2236 SHERIFF'S RETURN OF SERVICE 04/09/2010 01:26 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 1324 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: George L. Diehl, by making known unto Reshendalene L. Diehl, Wife of defendant at 634 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. C~// `4~~~ SJ/ RONALD HOOVER, DEPUTY 04/09/2010 01:26 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Reshendalene L. Diehl, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Reshendalene L. Diehl. Request for service at 636 Walnut Bottom Road, Shippensburg, PA 17257 is currently for sale. Reshendalene L. Diehl currently resides at 634 Walnut Bottom Road, Shippensburg, PA 17257. 04/09/2010 01:26 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 1324 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the )C within named defendant, to wit: Reshendalene L. Diehl, by making known unto herself personally, at 634 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. ~`~'/ RONALD HOOVER, DEPUTY 04/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 636 Walnut Bottom Road, Shippensburg, PA 17257, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. The only residents of 636 Walnut Bottom Road, Shippensburg, PA 17257 is George and Reshendalene Diehl, husband and wife. 04/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: George L. Diehl, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant George L. Diehl. Request for service at 636 Walnut Bottom Road, Shippensburg, PA 17257 is for sale. George L. Diehl currently resides at 634 Walnut Bottom Road, Shippensburg, PA 17257. !S ~.'~Sti~E AND ~OR~~"~Y ~'~'' ,z. .. ~ ,, , ~, r~ ~- -' 1 ~ r~~~~~ SHERIFF COST: $110.00 April 12, 2010 SO ANSWERS, `~ RON R ANDERSON, SHERIFF SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND COUNTY VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS NO: 10-2236 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: George L. Deihl DATE OF NOTICE: April 30, 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 against 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 a 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: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in Corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o Name por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: George L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 Reshendalene L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 Christopher A. DeN~rdo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC PLAINTIFF VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2236 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Reshendalene L. Deihl DATE OF NOTICE: April 30, 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 against 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 a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fmd out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notification, el tribuna podra, sin necesidad de compararecer usted in torte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notification a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente Para tal servicio, vaya en persona o llame por telefono a la oficina cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: George L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 Reshendalene L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 Christopher A. DeNard Esquire Shapiro & DeNardo, LL Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC PLAINTIFF VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2236 CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, Apri130, 2010 to the following Defendants: George L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 Reshendalene L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 r~ ll Sheena C. stan to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC PLAINTIFF VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-2236 CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first c;lass mail, postage prepaid, true and correct copies of the attached papers upon the following; person(s) or their attorney of record: George L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 Reshendalene L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 Date Mailed: ~.' ( _ ~r~ SHAPIRO &~ DeNARDO, LLC t ~~ BY: ~ ~ ~. ichael J. Clark, Esquire Attorney r Plaintiff SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC PLAINTIFF VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:10-2236 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: JPMC Specialty Mortgage LLC c/o ADV -Chase Home Finance LLC 10790 Rancho Bernardo Road San Diego, CA 92127 and that the last known addresses of the judgment debtors (Defendants) are: George L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 Reshendalene L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 SHAPIRO & DeNAR L BY: r ; ~ ~ ~! ~~~, 11~, ~,~ .~v ~- ~ ~ Michael J. Clark, E uire Attorney for Plainti f 10-037282 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Prothonotary TO: George L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 JPMC Specialty Mortgage LLC PLAINTIFF ; VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2236 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the a ve proceeding as indicated below. ~J DA's ~ ~ U. B~6tY. Prothonotary [XX] Judgment by Default [ ]Judgment for Possession [ ]Judgment on Award of Arbitration ] Judgment on Verdict [ ]Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610)278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Prothonotary TO: Reshendalene L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 JPMC Specialty Mortgage LLC PLAINTIFF VS. ' George L. Deihl and Reshendalene L. Deihl DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2236 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above procee ing as indicated below. CJ t~AV~~ p. a El.(. Prothonotary [XX] Judgment by Default [ ]Judgment for Possession [ ]Judgment on Award of Arbitration ] Judgment on Verdict [ ]Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: JPMC Specialty Mortgage LLC PLAINTIFF vs. OConfessed Judgment ()Other File No. Ib - aa3(o Amount Due $110,595.68 Interest May 11, 2010 to September 8, 2010 is $3,208.07 C7 0 ~. ~ Atty's Comm C ~ -,-, Costs ;, - ~. ~ i,~~ _ ; ~~ ._,. -vim George L. Deihl and Reshendalene L. Deihl ~ ~~: ,~+-=s<; DEFENDANT(S) . f ~ :' ~ -~? ~; TO THE PROTHONOTARY OF THE SAID COURT: ~°'~ ~:' '" `Y` `~ G The undersigned hereby certifies that the below does not arise out of a retail installment sue, contract, or 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. 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 attached Legal Description PRAECIPE FOR ATTACHEMENT 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 personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date:..'~j I I 1 I7 ~,I~ Signature: IV" 0 Print Name: Micha 1 J. Clark Es uire ~o"1.~.00 P p ~l'1'Y Address: 3600 Horizon Drive, Suite 150 I I O , oo C6F King of Prussia, PA 19406 ~a . o o ~ ~ Attorney for: Plaintiff t ~ • oo Supreme Court ID # PA Bar # 202929 01.50 '' a~a.5o - Po sorry ~a.oo 1~ue '(.~, • 5D L1ve LL ~~ 34~toltob ~,~ aylR / r, SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 George L. Deihl and Reshendalene L. Deihl DEFENDANTS NO: 10-2236 AFFIDAVIT PURSUANT TO RULE 3129.1 VS. ~ CUMBERLAND COUNTY t~r ~~C.LE.r"L~~i"r`"~~ .~Y~' f 1010 M,~Y f 2 ~, ~: ut~ CU~,~~~=~ ~-F, ai ~..~.litN7Y F~r~ ~-~~~ r.,r , JPMC Specialty Mortgage LLC ~ COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION JPMC Specialty Mortgage LLC, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 636 Walnut Bottom Road, Shippensburg, PA 17257. Name and address of Owner(s) or Reputed Owner(s) George L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 Reshendalene L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 2. Name and address of Defendants in the judgment: George L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 Reshendalene L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: JPMC Specialty Mortgage LLC c/o ADV -Chase Home Finance LLC 10790 Rancho Bernardo Road San Diego, CA 92127 • ~ Franklin Joint Municipal Authority 725 Municipal Drive Shippensburg, PA 17257 Franklin Joint Municipal Authority c/o James M. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 Southern Cumberland Water Association 15 Lees Lane Shippensburg, PA 17257 Southern Cumberland Water Association c/o James D. Flower, Jr. Esquire 26 West High Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: JPMC Specialty Mortgage LLC, Plaintiff c/o ADV -Chase Home Finance LLC 10790 Rancho Bernardo Road San Diego, CA 92127 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: TENANT OR OCCUPANT 636 Walnut Bottom Road Shippensburg, PA 17257 r r I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC ~~ ~- BY: Michael J Clark, Esquire 10-037282 1 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 f 14i :. ~i i`.. t~~ ~= PMT •rf_,.,.;~T~`+RY ZQ~~ ~h~ ~ Z ~'~ ~~ UD JPMC Specialty Mortgage LLC ~ COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. ~ CUMBERLAND COUNTY George L. Deihl and Reshendalene L. Deihl DEFENDANTS NO: 10-2236 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Reshendalene L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 Your house (real estate) at: 636 Walnut Bottom Road, Shippensburg, PA 17257 39-33-1883-038 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriff s Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $110,595.68 obtained by JPMC Specialty Mortgage LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to JPMC Specialty Mortgage LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. T'he sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may ca11717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You maybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037282 ALL THAT CERTAIN tract of land with a frame dwelling house and other improvements thereon erected. SITUATE on the South side of Molly Pitcher Highway in Lees Cross Roads in Southampton Township, Cumberland County, PA, bounded and described as follows: BEGINNING at a stake at the side of said Highway, at a corner of land now or formerly of Benjamin Johnston; thence Eetwardly Fifty-five feet to a stake, One and Fifty-hundredths feet to a private alley (Nine feet wide); thence with said alley Southwardly Two Hundred Forty-seven and Fifty-hundredths feet, more or less to a public alley (Twelve feet wide); thence with said alley Westwardly fifty-five feet to a stake at corner of the Johnston lot aforesaid; thence with said lot Northwardly Two Hundred Forty-seven and Fifty-hundredths feet, more or less to the place of beginning. PARCEL NO. 39-33-1883-038 BEING THE SAME PREMISES which Walter H. Ickes, by Deed dated June 13, 2003 and recorded July 9, 2003, in the Office for the Recorder of Deeds in and for the County of Cumbreland, in Deed Book 258 Page 126, granted and conveyed unto the George L. Deihl and Reshendalene L. Deihl, husband and wife, in fee. SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC PLAINTIFF VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS ~~~Q-- ~;; ,r'Ir~ 'JF ~Nk ~Qr~~~^,~ty~-AF~Y ~, ~Q~~~~Y ~2 ~'~ ~~ ~(~ ~ A ~'~ 1. 1 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2236 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: George L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 Your house (real estate) at: 636 Walnut Bottom Road, Shippensburg, PA 17257 39-33-1883-038 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriff s Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $110,595.68 obtained by JPMC Specialty Mortgage LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to JPMC Specialty Mortgage LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037282 ALL THAT CERTAIN tract of land with a frame dwelling house and other improvements thereon erected. SITUATE on the South side of Molly Pitcher Highway in Lees Cross Roads in Southampton Township, Cumberland County, PA, bounded and described as follows: BEGINNING at a stake at the side of said Highway, at a corner of land now or formerly of Benjamin Johnston; thence Eastwardly Fifty-five feet to a stake, One and Fifty-hundredths feet to a private alley (Nine feet wide); thence with said alley Southwardly Two Hundred Forty-seven and Fifty-hundredths feet, more or less to a public alley (Twelve feet wide); thence with said alley Westwardly fifty-five feet to a stake at corner of the Johnston lot aforesaid; thence with said lot Northwardly Two Hundred Forty-seven and Fifty-hundredths feet, more or less to the place of beginning. PARCEL NO. 39-33-1883-038 BEING THE SAME PREMISES which Walter H. Ickes, by Deed dated June 13, 2003 and recorded July 9, 2003, in the Office for the Recorder of Deeds in and for the County of Cumbreland, in Deed Book 258 Page 126, granted and conveyed unto the George L. Deihl and Reshendalene L. Deihl, husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2236 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMC SPECIALTY MORTGAGE LLC, Plaintiff (s) From GEDRf~E L. DEIHL and RESENDALENE L. DEIHL (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 $110,595.68 L. L.$.50 Interest from 5/11/10 to 9/8/10 -- $3,208.07 Atty's Comm Atty Paid $242.50 Plaintiff Paid Date: 5/12/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Davi uell, Pro honotary By: Deputy Name: MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DeNARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone:610-278-6800 Supreme Court ID No. 202929 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC PLAINTIFF VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS ao?o A0440 PM ?:aS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2236 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Lisa Kosik, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, JPMC Specialty Mortgage LLC, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on June 18, 2010, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: *W? L si a Kosik Legal Assistant 10-037282 N• O o-S K ? ? m v $ 0 a 93 -o 0 -v w I N m m -a N n n m 3 W m t/? ?i y1 ,.y cr ,very y=- Signature C w rn OR ? Q 0 2 ? U O W iA Z • O . 47 Mom R r 0 °[1. 9 c? ry 3 c? 1 o ags' n co r 6 n y- ? d° r ?r o? d w% m 94?t ?° m Qq y,Fj W g Z r .a r m r? ? q -a y ? ? ,y pry w n. -5 ,4 c? y ?; ?0 W N ? ? .a CY r --? N K °°°17 7 a m oa7. m 3 0 .? m q ,n N m o3`"ffi `8d CD m$$m 2 t m c m N .[ m N ? a ?„yNi7Ep4', r C? }J o ? g m? t,T1 ? N v ss ° SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 Homesales, Inc. PLAINTIFF VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS 0 TH 1~ED THQ~ TAR`r` Z0~0 SAP 23 Pty 2: C~3 ~U~iBERLA~~O COU~1~''~ :'~~'~dSYLVA~lIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2236 PRAECIPE TO MARK THE JUDGMENT TO THE USE OF HOMESALES INC TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter to the use of "Homesales, Inc" as the real party/Plaintiff in interest in this action and the holder of the Note and Mortgage. SHAPIRO & DeNARDO, LLC BY: Michael J. C k, Esquire DATED: August 25, 2010 #8.0o Pp a rry e~~-~9 e# a~8~~r f V SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY LD. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE. NO. 10-037282 Homesales, Inc. COURT OF COMMON PLEAS PLAINTIFF ~ CIVIL DIVISION CUMBERLAND COUNTY VS. ; NO: 10-2236 George L. Deihl and Reshendalene L. Deihl DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Mark Judgment to the Use of HOMESALES, INC on ~~~iU to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: George L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 Reshendalene L. Deihl, 634 Walnut Bottom Road, Shippensburg, PA 17257 SHAPIRO & DeNARDO, LLC BY: ~~' 1~ I Michael J. ark, Esquire Attorney f Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy e FsL??-???1CE OF THE PROTHONOTARY Richard W Stewart Solicitor JPMC Specialty Mortgage LLC vs. George L. Diehl (et al.) 20!0 DEC 13 x'11 3: 31 CU f L-" R\ L AP O C0UPdTY FEt?E'SYLYA,NIA Case Number 2.010-2236 SHERIFF'S RETURN OF SERVICE 06/23/2010 Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-2010 at 1330 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the pioperty of Geroge L. & Reshendalene L. Diehl, located at, 636 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania according to law. 06/23/2010 Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-2010 at 1330 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: George L. Diehl, by making known unto, Reshendalene L. Diehl, wife of defendant, at, 634 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/23/2010 Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-2010 at 1330 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Reshendalene L. Diehl, by making known unto, Reshendalene L. Diehl, personally, at, 634 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania its contents and at he same time handing to her personally the said true and correct copy of the same. 09/07/2010 As directed by Michael J Clark, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010 12/06/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Michael Clark on 12/6/10. SHERIFF COST: $748.11 December 10, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF a.a6 Pd.c©, Sb Lt- 1064e -# -) ??rle x52343 c GOunfStdle Snentf. Teieo.=.oft Inc. 1 t - SHAPIRO & DeNARDO, LL BY: MICHAEL J. CLARK, E QUIRE ATTORNEY I.D. NO: PA Ba # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19400 TELEPHONE: (610)278-6800! S & D FILE NO. 10-037282 a JPMC Specialty Mortgage LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY George L. Deihl and Reshendalene L. Deihl DEFENDANTS NO: 10-2236 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMC Specialty Mortga e LLC, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of executio was filed, the following information concerning the real property located at 636 Walnut ottom Road, Shippensburg, PA 17257. 1. Name and address of Owner(s) or Reputed Owner(s) George L. Deihl 634 Walnut Bottom Road' Shippensburg, PA 17257 Reshendalene L. Deihl 634 Walnut Bottom Road Shippensburg, PA 17257 2. Name and address of Defendants in the judgment: George L. Deihl 634 Walnut Bottom Road' Shippensburg, PA 17257 Reshendalene L. Deihl 634 Walnut Bottom Road, Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be 'old: JPMC Specialty Mortgage LLC c/o ADV - Chase Home Finance LLC 10790 Rancho Bernardo Road San Diego, CA 92127 Franklin Joint Municipal Authority 725 Municipal Drive Shippensburg, PA 17257 Franklin Joint Municipal Authority c/o James M. Robinson, Esquire 28 South Pitt Street Carlisle, PA 17013 Southern Cumberland Water Association 15 Lees Lane Shippensburg, PA 17257 Southern Cumberland Walter Association c/o James D. Flower, Jr. Esquire 26 West High Street Carlisle, PA 17013 4. Name and address of the llast recorded holder of every mortgage of record: JPMC Specialty Mortgage LLC, Plaintiff c/o ADV - Chase Home Finance LLC 10790 Rancho Bernardo Road San Diego, CA 92127 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be afcted by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: TENANT OR OCCUPANT 636 Walnut Bottom Roadl Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY. Michael J Clark, Esquire 10-037282 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar 202929 3600 HORIZON DRIVE, SUIT 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC PLAINTIFF VS. George L. Deihl and Reshendalene L. Deihl DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2236 TO: George L. Deihl 634 Walnut Bottom Ro d Shippensburg, PA 172$7 Your house (real estate) a : 636 Walnu Bottom Road, Shippensburg, PA 17257 39-33-1883-038 is scheduled to be sold at Sheriffs Sale on September 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:OOAM to enforce the court judgment of $110,595.68 obtained by JPMC Specialty Mortgage LLC against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled) if you pay back to JPMC Specialty Mortgage LLC the amount of the judgment plus cost or the back payments, late charges, costs, and reasonable attorneys fees due. To fin out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop a sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for goo cause. 3. You may be able to stop a sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of st pping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE LE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVE IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not topped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petitio n the Court to set aside the sale if the bid price was grossly inadequate compared tot th e value of your property. 7. The sale will go through o nly if the buyer pays the Sheriff the full amount due in the sale. To find out if this has hap pened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale ever happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a de to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a s are of the money, which was paid for your house. A schedule of distribution of the mone y bid for your house will be filed by the Sheriff no later than thirty days after the Sheri Sale. This schedule will state who will be receiving the money. The money will paid out in accordance with this schedule unless exceptions (reasons why the propos distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filin of said schedule. 11. You may also have other 'ghts an d defenses or ways of getting your house back, if you act immediately after the ale. YOU SHOULD TAKE HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE O CE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LA FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLEC A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037282 ALL THAT CERTAIN tract of l nd with a frame dwelling house and other improvements thereon erected. SITUATE on the South side of Dolly Pitcher Highway in Lees Cross Roads in Southampton Township, Cumberland County, A, bounded and described as follows: BEGINNING at a stake at the sid Benjamin Johnston; thence Eastm to a private alley (Nine feet wide; and Fifty-hundredths feet, more c alley Westwardly fifty-five feet t4 said lot Northwardly Two Hundri place of beginning. PARCEL NO. 39-33-1883-038 BEING THE SAME PREMISES recorded July 9, 2003, in the Of , Cumbreland, in Deed Book 258 F Reshendalene L. Deihl, husband, e of said Highway, at a corner of land now or formerly of ,ardly Fifty-five feet to a stake, One and Fifty-hundredths feet r thence with said alley Southwardly Two Hundred Forty-seven r less to a public alley (Twelve feet wide); thence with said a stake at corner of the Johnston lot aforesaid; thence with A Forty-seven and Fifty-hundredths feet, more or less to the which Walter H. Ickes, by Deed dated June 13, 2003 and .e for the Recorder of Deeds in and for the County of age 126, granted and conveyed unto the George L. Deihl and and wife, in fee. SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar 202929 3600 HORIZON DRIVE, SUIT 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037282 JPMC Specialty Mortgage LLC PLAINTIFF VS. George L. Deihl and DEFENDANTS TO: Reshendalene L. Deihl 634 Walnut Bottom Ro, Shippensburg, PA 1725 Your house (real estate) al 636 Walnul is scheduled to be sold at at 10:00AM to enforce the court Mortgage LLC against you. L. Deihl COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-2236 Bottom Road, Shippensburg, PA 17257 39-33-1883-038 Sale on September 8, 2010 at: nberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 idgment of $110,595.68 obtained by JPMC Specialty N TICE OF OWNER'S RIGHTS YOU MAY BE LE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs S e you must take immediate action: I 1. The sale will be cancelled if you pay back to JPMC Specialty Mortgage LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To fin out how much you must pay, you may call:(610)278-6800. 2. You may be able to stop a sale by filing a petition asking the Court to strike or open the judgment, if the judgment as improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop a sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE LE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVE IF THE SHERIFF'S SALE DOES TAKE PLACE. 0 5. If the Sheriffs Sale is not topped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petitio n the Court to set aside the sale if the bid price was grossly inadequate compared tot th e value of your property. 7. The sale will go through o nly if the buyer pays the Sheriff the full amount due in the sale. To find out if this has hap pened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale ever happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a de to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You maybe entitled to a s hare of the money, which was paid for your house. A schedule of distribution of the mon y bid for your house will be filed by the Sheriff no later than thirty days after the Sheri Sale. This schedule will state who will be receiving the money. The money will b paid out in accordance with this schedule unless exceptions (reasons why the propose distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filin of said schedule. 11. You may also have other 'ghts and defenses or ways of getting your house back, if you act immediately after the s le. YOU SHOULD TAKE HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW YER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF ICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEL P. PURSUANT TO THE FAIR ADVISED THAT THIS LAW ATTEMPTING TO COLLECT USED FOR THAT PURPOSE. 10-037282 and County Lawyer Referral Service Berland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 DEBT COLLECTION PRACTICES ACT YOU ARE FIRM IS DEEMED TO BE A DEBT COLLECTOR A DEBT. ANY INFORMATION OBTAINED WILL BE ALL THAT CERTAIN tract of l4nd with a frame dwelling house and other improvements thereon erected. SITUATE on the South side of olly Pitcher Highway in Lees Cross Roads in Southampton Township, Cumberland County, A, bounded and described as follows: BEGINNING at a stake at the sic a of said Highway, at a corner of land now or formerly of Benjamin Johnston; thence Eas ardly Fifty-five feet to a stake, One and Fifty-hundredths feet to a private alley (Nine feet wide ; thence with said alley Southwardly Two Hundred Forty-seven and Fifty-hundredths feet, more o r less to a public alley (Twelve feet wide); thence with said alley Westwardly fifty-five feet t a stake at corner of the Johnston lot aforesaid; thence with said lot Northwardly Two Hundr Forty-seven and Fifty-hundredths feet, more or less to the place of beginning. PARCEL NO. 39-33-1883-038 BEING THE SAME PREMISES which Walter H. Ickes, by Deed dated June 13, 2003 and recorded July 9, 2003, in the Office for the Recorder of Deeds in and for the County of Cumbreland, in Deed Book 258 age 126, granted and conveyed unto the George L. Deihl and Reshendalene L. Deihl, husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTI-I OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERI To satisfy the debt, interest and From GEOR GE L. DEIHL and (1) You are directed to levy ul DESCRIPTION. (2) You are also directed to attach of GARNISHEE(S) as follows: and to notify the garnishee(s) that: I paying any debt to or for the accoui (s) or otherwise disposing thereof; (3) If property of the defendant(s) of anyone other than a named garni garnishee and is enjoined as above Amount Due $110,595.68 Interest from 5/11/10 to 9/8/10 - Atty's Comm % Atty Paid $242.50 Plaintiff Paid Date: 5/12/10 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs a?/_ David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: MICHAEL J. CLARK, ESI Address: SHAPIRO & DeNARDO. 3600 HORIZON DRIVI KING OF PRUSSIA, PA Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 NO 10-2236 Civil CIVIL ACTION -- LAW D COUNTY: s due JPMC SPECIALTY MORTGAGE LLC, Plaintiff (s) SENDALENE L. DEIHL the property of the defendant (s)and to sell SEE LEGAL property of the defendant(s) not levied upon in the possession i an attachment has been issued; (b) the garnishee(s) is enjoined from of the defendant (s) and from delivering any property of the defendant levied upon an subject to attachment is found in the possession , you are directed to notify him/her that he/she has been added as a LLC SUITE 150 19406 h On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 636 Walnut Bottom Road Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 B : NReal Estate Coordinator PROD OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esqu State aforesaid, being duly sworn; Journal; a-legal periodical publish was established January 2, 1952, periodical for the publication of a issued weekly in the said County, exactly the same as was printed ir. Journal on the following dates, 23 re, Editor of the Cumberland Law Journal, of the County and according to law, deposes and says that the Cumberland Law ;d in the Borough of Carlisle in the County and.State aforesaid, nd designated by the local courts as the official legal I legal notices, and has, since January 2, 1952, been regularly and that the printed notice or publication attached hereto is the regular editions and issues of the said Cumberland Law and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or ai statements as to time, place an' and that all allegations in the foregoing of publication are true. Lisa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 30 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Coiamb" Eom Apr 28, 201 4U L. JPMC Specialty Mortgage LLC vs. George L. Diehl Reshendalene L. Diehl Atty.: Michael J. Clark ALL THAT CERTAIN tract of land With frame dwelling house and oth- er provements thereon erected. SITUATE on the So Molly Pitcher Highwayoin uth Lees side of Cross Roads in Southamptn Township, Cumberland County, PA, bounded and described as follows: BEGINNING at a stake at the side of said Highway, at a corner of land now ton; or formerly of Benjamin John- st a stake, thence Eastwardly Fifty-five feet fsf ?and Fifty-hundredths Twoantt8 '?). ftmadrv? *y Ond husm k Mto Filly. cr a, M*Ohv ey "? p?eatce wi hsasaid ! All five feet to a stake at corner of the Johnston lot said aforesaid; thence with lot Northwardly Forty-sev Hundred feet and pyfty-hundredths , mo ore beginning, or less to the place of PARCEL NO. 39-33-1883-038. BEING THE SAME PREMISES which Walter H Ickes, by Deed dated June 13, 2003 and recorded July 9, 2003, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 258 Page 126, granted and conveyed unto the George L. Deihl and Reshendalene L. Deihl, husband and wife, in fee. ?4100j ?'?vJW+ i? F , he?1?UFUFi a} i iAfi The Patriot-News Co. 2"20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-.255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE z4fPahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday,/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered tc, 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 3.17. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 A ............ Sworn to apd subscribed before me!this 05 day of August, 2010 A.D. Notary Public " COMMONWEAL` T_H OF PENNSYLVANIA Notarial Seaj - Sherrie L. Kisner, Notary Public i Lower Parton Twp., Dauphin County MY- Cession Expires Nov, 26, 2011 rv?emher F3pnr1yivalnia ASSOCIation?ofj ps - Writ No. 2010-2236 Civil Term e LLC J VS George L. Diehl Resher?da1ene L. Diehl Atty: Michael J Clark ALL THAT CERTAIN tract of land with a frame dwelling house and other mtprovements thereon erected. Pitcher SITUATE on the south side of Molly P'on Highway . boues Cross Roads in Southamnded Township, Cumberland County, PA, and described as follows: BEGINNING at a stake at the side of said Highway, at a corner of land now or formerly of Benjamin Johnston; thenceEastwardly FiftY-five feet to a stake, one and Fifty-hundredths feet to a private alley (Nine feel wide); thence with said alleySouthwatdlyT1v0 undredForty-sevenand Fifty hundredths feet, mote or less to a public fey (Twelve feet wide); thence ` said alley Westwardly fifty-five feet to a stake at corner of the Johnston lot aforesaid; thence with said lot Northwardly Two HundredForty-seven and Fifty-hundredths feet, more or less to the place of beginning. PARCEL NO. 39-33.1 W-038 whichWalterH. BEING THESAME lckes,byDeed dated 3une 13,2(103 and recorded July 9, 2003, in fire Office for the Recorder of Cumberland, Deeds in and for the County of in Deed Book 258 Page 126 granted and conveyed the George L. De>hl and Reshendalene L. unto husband and wife, in fee. Deihl