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HomeMy WebLinkAbout10-2861 0 "E 23 It 3 t.,' R L 9 Piil I I: 10 CU? McCABE, WEISBERG AND CONWAY, P.C. BY: --*TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Chase Home Finance LLC 10790 Rancho Bernardo Road San Diego, California 92127 V. Timothy T Turnbull 193 Chestnut Grove Road Shippensburg, Pennsylvania 17257 Jessica D Turnbull 193 Chestnut Grove Road Shippensburg, Pennsylvania 17257 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE s ?? _6o pd q1t g_ q/ 330 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a 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 continuar ]a demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Chase Home Finance LLC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Timothy T Turnbull, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 193 Chestnut Grove Road, Shippensburg, Pennsylvania 17257. 3. The Defendant is Jessica D Turnbull, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 193 Chestnut Grove Road, Shippensburg, Pennsylvania 17257. 4. On February 15; 2006, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for M&T Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1940, Page 3842. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for M&T Mortgage Corporation to Chase Home Finance LLC, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 193 Chestnut Grove Road, Shippensburg, Pennsylvania 17257. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due June 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 124,528.95 Interest through March 10, 2010 $ 6,967.06 (Plus $22.18 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 409.10 Corporate Advance $ 20.10 Escrow Advance $ 846.38 GRAND TOTAL $ 134,071.69 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing 'and'by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $134,071.69, together with interest at the rate of $22.18 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND C WAY,P.C. BY: Agbrneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG D CO WAY,P.C. BrnA ys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE X31 6L. FEB 17 Fri 10 ?3 b?fl 3 DLt95/ Prepared By: Return To: M&T Mortgage Corporation Erika Landis P.O. Box 4613 2270 Erin Court, P.O. Bo) Buffalo, NY 14240 7628 Lancaster, PA 17604 Parcel Number: 39.13.0106.125 11 pace Above This tine For Recording [Meal MORTGAGE MIN 100050300004620358 DEFINITIONS Words used in multiple sections s if this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means I. lis document, which is dated Feb ru a ry 15, 2006 , together with all Riders to this doct Inent. (B) "Borrower" is Ti mothy T T irnbul l and Jessica D. Turnbull Borrower is the mortgagor under th is Security Instrument. (C) "MERS11 is Mortgage Electra lic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for U rider and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. I IERS is organized and existing under the laws of Delaware, and has an address and telephone number of P O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. 11334851 11334851 PENNSYLVANIA - Single Family - Fann a Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 1101 ®® 6A4PA? (o2oo) \ Papa 1 of 16 Inhiaw -ter VMP MORTGAGE FORMS - (800)521729/1"' - i SK1940PG384'1 i (D) "Lender" is M&T Mortgage 1;orporation Lender is a Corporation organized and existing under the law; of New York Lender's address is 1 M&T Plaza, Buffalo, NY 14203 (E) "Note" means the promissory no a signed by Borrower and dated February 15, 2006 The Note states that Borrower owes 1.enderOne Hundred Twenty Five Thousand And Zero/100 Dollars (U.S. $125 , 000.00 ) phis interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full tot later than March 01, 2036 (F) "Property" means the property :hat is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidence d by the Note, plus interest, any prepayment charges and late charges due under the Note„ and.,all` sums; due under this Security Instrument, plus interest. (H) "Riders" means all Riders to rtes Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrows r [check box as applicable]: ? Adjustable Rate Rider ? Cot dominium Rider ? Second Home Rider ? Balloon Rider ? Pla- vied Unit Development Rider ? 1-4 Family Rider ? VA Rider E Biv eekly Payment Rider ? Other(s) [specify] (1) "Applicable Law" means all t ontrolling applicable federal, state and local statutes, regulations, ordinances and administrative rules ; nd orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Born ewer or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" :neans any transfer of funds, other than a transaction originated by check, draft, or similar paper instr iment, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic ti pe so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers ini iated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those itei is that are described in Section 3. (M) "Miscellaneous Proceeds" meam any compensation, settlement, award of damages, or proceeds paid by any third party (other than insura ice proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) convayarjcv1fi; lieu of 'condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition`8f`the`Properl Y. (N) "Mortgage Insurino601-,mcd ys'<i` isurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the : egularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Se ;tion 3 of this Security Instrument. 11334851 11334851 IMtials: ® -6A(PA) 102061 Page 2 of 16 / Form 3039 1101 m BK 194OPG3842 (P) "RESPA" mean iAhe*eal Eitat Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulatiot. X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor egislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" re fers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loa i" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Born were" means any party that has taken title to the Property, whether or not that patty has assumed Borrower s obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE F ROPERTY This Security instrument secures to I ender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) :he performance of Borrower's covenants and agreements under this Security Instrument and the Note. F, it this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Len(.er and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the County [Type of Recording Jurisdiction) of Cumberl and [Name of Recording Jurisdiction): see attached legal description which currently has the address of 113 Chestnut Grove Rd Shippensburg ("Property Address"): (Street) [City], Pennsylvania 17257 (Zip Code] TOGETHER WITH all the i nprovements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by - his Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property " Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lent er and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, tut not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 11334851 11334851 (M 6A(PA) tozoe) Page 3 or ie InlGele: V Form 3039 1101 BK1940PG3844 BORROWER COVENANTS th it Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and con tey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any er cumbrances of record. THIS SECURITY INSTRUME14T combines uniform covenants for national use and non-uniform covenants with limited variations by. urisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Bor ower and Lender covenant and agree as follows: 1. Payment of Priacip k** ant;rest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the pr. ncipal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges iue under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or o her instrument received by Lender as payment under the Note or this Security instrument is returned to Lei (der unpaid, Lender may require that any or all subsequent payments due under the Note and this Securb y Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) n oney order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such (heck is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or en ity; or (d) Electronic Funds Transfer. Payments are deemed received I y Lender when received at the location designated in the Note or at such other location as may be designa ed by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or p irtial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may .accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment s applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender it ay hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrowe If not applied earlier, such funds will be applied to the outstanding principal balance under the Note im nediately prior to foreclosure. No offset or claim which Borrower might have now or in the future, against Lender shall relieve Borrower from making payments due under the Note and this Securi y.In0tramgnt or, performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments i-r Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by LA nder shall be applied in the following order of priority: (a) interest due under the Note; (b) principal du; under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Pa; ment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance o1 the Note. If Lender receives a payment f om Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late cha age due, the payment may be applied to the delinquent payment and the late charge. If more than one Peril odic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 11334851 11334851 INtleb: (M -BALPA) (02081 Pepea or le Form 3038 1101 BK ! 94OPG3845 s can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, each excess may be applied to any late charges due. Voluntary prepayments shall be applied first to t ny prepayment charges and then as described in the Note. Any application of payments, it surance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. F orrower shall pay to lender on the day Periodic Payments are due under the Note, until the Note is pair in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and otter items which can attain priority over this Security Instrument as a lien or encumbrance on the Property (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any sums pa; able by Borrower to Lender in lieu of the payment of Mortgage insurance premiums in accordance i /ith the provisions of Section 10. These items are called "Escrow Items." At origination or at any timii during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assess nents, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation ao pay; the ; F, inds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender funds fo' any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waive % Borrower shall pay directly, when and where payable, the amounts due for any Escrow [terns for which I ayment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such ;;ayments and to provide receipts shall for all purposes be deemed to be a covenant and agreement containe i in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount dui for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower ;hall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, up( n such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required i nder this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including I ender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lende: shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shal not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or„veri fyin$ the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable,LawtPerrts L, nder to make such a charge. Unless an agreement is made in writing or Applicable Law requires. interest ,t(,.be,paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Fuii Borrower and Lender can agree in writing, however, that interest 11334851 11334851 Initlals: (M -GA(PA) 10206) Pope s of to Form 3039 1/01 m -BK1940PG3846 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus. of-1 F+r idi field in escrow, as defined under RESPA, lender shall account to Borrower for the excels lVhils irr Acbr'dance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender sfii Il notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to mak; up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a defic ency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RES.'A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with tESPA, but in no more than 12 monthly payments. Upon payment in full of all sur is secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lend, r. 4. Charges; I.lens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which ca i attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, ind Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement or the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from thy; holder of the lien an agreement satisfactory to lender subordinating the lien to this Security Instrument. 1 F Lender determines that any part of the Property is subject to a lien which can attain priority over this Se:urity Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on wltich that notice is given, Borrower shall satisfy the lien or take one or more of the actions setforth above in this Section 4. Lender may regt i,r, PRr-,rt)* E to.;,pay a one-time charge for a real estate tax verification and/or reporting service usediby cl+tr, i _;connection with this Loan. 5. Property Insurance. Borrow 3r shall keep the improvements now existing or hereafter erected on the Property insured against loss by :ire, hazards included within the term "extended coverage," and any other hazards including, but not limir:d to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in I the amounts (including deductible levels) and for the periods that Lender requires. What Lender requirt s pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier prov ding the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choi:e, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connec:ion with this Loan, either: (a) a one-time charge for flood zone determination, certification and track:ng services; or (b) a one-time charge for flood zone determination and certification services and subseq lent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by th ; Federal Emergency Management Agency in connection with the review of any flood zone determinatic n resulting from an objection by Borrower. 11334851 ®-SAtPA1 iozoar 11334851 Initl?ls: Page a of to Form 3039 1101 1 T' BK 19 4 O"PG`s;.8 4z T. If Borrower fails to maintain s ny of the coverages described above, Lender may obtain insurance coverage, at Lender's option and E orrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's eq, city in the Property, or the contents of the Property, against any risk, hazard or liability and might provid ; greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have t btained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of;dis rursement and shall be payable, with such interest, upon notice from Lender to Borrower;requesting paym int., All insurance poli tesrrequire#.Jy,Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,` s call include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional to;s payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borr.?wer shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtain: any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, th-; Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/ )r as an additional loss payee. In the event of loss, Borrower ;hall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made Dromptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, v rhether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until L ender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse pros reds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such i isurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such process. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of th : insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not econo nically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sum; secured by this Security Instrument, whether or not then due, with the excess, if any, paid„to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. a !I,al.,. ?v. If Borrower abandons,the,rol?erty, Lender may file, negotiate and settle any available insurance claim and related matier`s. if BorraiA er does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice s given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights ;other than the right to any refund of unearned premiums paid by Borrower) under all insurance polici :s covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender ma r use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Not : or this Security Instrument, whether or not then due. 11334851 11334851 ?7 6A(PA) 102061 v.oa or ie Irddab: Form 3039 1101 BKI940PG3'348 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the ex xution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which ;onsent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Pro)erty, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower s residing in the Property, Borrower shall maintain the Property in order to prevent the Property from t eteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 th it repair or restoration is not economically feasible, Borrower shall promptly repair the Property if da naged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in c mnection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proce:ds for the repairs and restoration in a single payment or in a series of progress payments as the work is coi apleted. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Boi rower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may mike reasonable entries upon and inspections of the Property. If it has reasonable cause Lende m r atnpec the interior of the improvements on the Property. Lender shall give Borrower notice at 941'64'df orprit r`to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Applical ion. Borrower shall be in default if, during the Loan application process, Borrower or any persons .)r entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materiall- I false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender wit i material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal resi fence. 9. Protection of Lender's Inte ?est in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the coi enants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might sign ificantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a p oceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has at andoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protec t Lender's interest in the Property and rights under this Security Instrument, including protecting and 'or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can i iclude, but are not limited to: (a) paying any sums secured by a lien which has priority over this Secui ity Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest n the Property and/or rights under this Security Instrument, including its secured position in a bankruptc, proceeding. Securing the Property includes, but is not limited to, entering the Property to make repait i, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or of ter code violations or dangerous conditions, and have utilities turned on or off. Although Lender may talc action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do s 3. It is agreed that Lender incurs no liability for not taking any or all actions authorized under-this Sectidii 9. "IQ:! ily", 1.:._ 11334851 11334851 ?/? IniWls: ®-GAIPA) (020M Page B of Ia Form 3039 1101 BKI940PG3'349 Any amounts disbursed by Len ter under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. Chese amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, v,ith such interest, upon notice from Lender to Borrower requesting payment. If this Security lnsttutnent I ;or a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acq irres'fev trtle;t-r the Property, the leasehold and the fee title shall not merge unless Lender agrees to the rftergd`t in writing ' 10. Mortgage Insurance. If Let der required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums regt fired to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage regt ired by Lender ceases to be available from the mortgage insurer that previously provided such insurance a rid Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to The Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower if the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lende % If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to )ay to Lender the amount of the separately designated payments that were due when the insurance covera.;e ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss j.-serve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the f rct that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurarce coverage (in the amount and for the period that Lender requires) provided by an insurer selected by ,ender again becomes available, is obtained, and Lender requires separately designated payments towarc the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making t ie Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in eff xt, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance a ids in accordance with any written agreement between Borrower and Lender providing for such terminatior or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligati(,n to pay interest at the rate provided in the Note. Mortgage Insurance reimbuites :.ender (or any entity that purchases the Note) for certain losses it may incur if Borrowtr;,,dps ,no(, rep ty the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other partie s that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are s; tisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements rr ay require the mortgage insurer to make payments using any source of funds that the mortgage insurer ma 1 have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of an / of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterize i as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying t re mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender - akes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the array gement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other t! rms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insi trance, and they will not entitle Borrower to any refund. 11334851 dD -8A(PA) t020at Inglele: / J / /?? Page 9 of 1 a 11334851 Form 3039 1101 'u BK t` 9?O P 3-,8,5 0 (b) Any such agreements wil not affect the rights Borrower has - if any - with respect to the Mortgage Insurance tinder the Ht meowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the vlortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance a premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellat eous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lens ler. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or cpair is economically feasible and Lender's security is not lessened. During such repair and restoration 1 eriod, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided t(hat.such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in .a s}}ng11, disbursement or in a series of progress payments as the work is completed. Unless an 4greetiient *'rnade,in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,' Lender stall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the i:xcess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the st ms secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrowe In the event of a partial Lakin,,, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the su ms secured by this Security instrument immediately before the partial taking, destruction, or loss in val je, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fract' on: (a) the total amount of the sums secured immediately before the partial taking, destruction, or It ss in value divided by (b) the fair market value of the Property immediately before the partial taki'rg, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial takir g, destruction, or loss in value of the Property in which the fair market value of the Property immediatele before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrumer t whether or not the sums are then due. If the Property is abandon .-d by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in th-: next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lertt:pr within 30 days after the date the notice is given, Lender is authorized to collect and apply;,thezi?cF h eo4¢ Proceeds either to restoration or repair of the Property or to the sums secured by this ,SCR ,;Jyjt4i{t cOV, whether or not then due. "Opposing Party" means the third party that owes Borrower M scallaneotst,Prooeeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinst, to as provided in Section 19, by causing the action or proceeding to be 11334851 11334851 fniGw: dM -6A1 PA) to2osi Page 10 of Is Form 3039 1101 0 8K i 94OPG385 -i i dismissed with a ruliWwthit," in L:e?uler`s judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in tl.e Property or rights under this Security instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in ! ection 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Int.-rest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Bor rower. Lender shall not be required to commence proceedings against any Successor in Interest of Born wer or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Inteint of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitati•?n, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower ( r in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right w remedy. 13. Joint and Several Liabil ty; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligati( ns and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; Ib) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Le ider 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. r' ,,• ?` Subject to the provrstons o:? Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations??rfddf t` iV iecunty Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights iirid'beneli[s under this Security Instrument. Borrower shall not be released from Borrower's obligations and liabilir, under this Security Instrument unless Lender agrees to such release in writing. The covenants and agret ments of this Security Instrument shall bind (except as provided in Section 20) and benefit the success irs and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpo! a of protecting Lender's interest in the Property and rights under this Security Instrument, including, bu: not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the ab: ence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be consti ued as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited t y this Security Instrument or by Applicable Law. If the Loan is subject to a lay , which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan cha •ges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any su;h loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borroi mr. Lender may choose to make this refund by reducing the principal owed under the Note or by mal ing a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a 1 artial prepayment without any prepayment charge (whether or not a prepayment charge is provided fir under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will c institute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices giA en by Borrower or lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security instrument shall be deemed to 11334851 11334851 d-MPA) iomei s rr,z v.oeii of ie Form 3039 1101 BK19WG3Fs52- have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other mean:. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly re luires otherwise. The notice address shall be the Property Address unless Borrower has designated a su)stitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower{ sl all only report a change of address through that specified procedure. There may be only,,ope designated: gotice address under this Security Instrument at any one time. Any notice to Lender shalirb6; given by)ielivering it or by mailing it by first class mail to Lender's address stated herein unless'? Lender hasida.signated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice n quired by this Security Instrument is also required under Applicable Law, the Applicable Law requiren ent will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severa Wity; Rules of Construction. This Security Instrument shall be governed by federal law and the lai / of the jurisdiction in which the Property is located. All rights and obligations contained in this Secur ity Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shell not be construed as a prohibition against agreement by contract. In the event that any provision or clat se of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect (Cher provisions of this Security Instrument or the Note which can be given effect without the conflicting Provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or wor• Is of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; ar.d (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrow :r shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means an} legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transfer red in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of whit h is the transfer of title by Borrower at a future date to a purchaser, If all or any part of the Proper y or any Interest in the Property is sold or transferred (or if Borrower is not a natural person-and a benefiq;ial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender,:,may,.regVire immediate payment in full of all sums secured by this Security Instrument. However;-`;tbil 'fioptior4 .;hall, not be exercised by Lender if such exercise is prohibited by Applicable Law. s; If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 3{ days from the date the notice is given in accordance with Section 15 within which Borrower must pay a 1 sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further lotice or demand on Borrower. 19. Borrower's Right to Rt instate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to N ve enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such ether period as Applicable Law might specify for the termination of Borrower's right to reinstate; or ;c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) ;?ays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 11334851 ®-6AIPA) 10206) lmtws: 1 1?? vepe 12 of of 16 11334851 Form 3039 1101 8K 1 940 PG 3f 5 3, agreements; (c) pays all expenses inc urred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, pray erty inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's inter:st in the Property and rights under this Security Instrument; and (d) takes such action as Lender may re tsonably require to assure that Lender's interest in the Property and rights under this Security Instrumew, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchange 1. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the fol:owing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasure is check or cashier's check, provided any such check is drawn upon an institution whose deposits are ins fired by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration undi r Section 18. 20. Sale of Note; Change of I oan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Securir t Instrument) can be sold one or more times without prior notice to Borrower. A sale might result f-, change in the entity (known as the "Loan Servicer") that collects Periodic Payments due, ' under the 1A ote and this Security Instrument and performs other mortgage loan servicing obligations, uhd t'tift,NOic --this Security Instrument, and Applicable Law. There also might be one or more changes of the"Loan'Se wirer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given wr tten notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other it an the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Lc an Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unle: s otherwise provided by the Note purchaser. Neither Borrower nor Lender ; nay commence, join, or be joined to any judicial action (as either an individual litigant or the member c f a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges tl at the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable p4 riod after the giving of such notice to take corrective action. If Applicable Law provides a time pe -iod which must elapse before certain action can be taken, that time period will be deemed to be reasot able for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Bono wer pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 sh ell be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazar sous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, ken Isene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, mF terials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means gdxal laws and laws of the jurisdiction where the Property is located that relate to health, safety qr„Rpt±iF9 eptal protection; (c) "Environmental Cleanup" includes any response action, remedial actions, 4 r.r rnoy?l action, as defined in Environmental Law; and (d) an "Environmental Condition" means a :cons ition tlx: can cause, contribute to, or otherwise trigger an Environmental Cleanup. 11334851 11334851 Inhfels: ® -GA(PA) 402061 Pepe 13 or 16 Form 3039 1/01 OK I 94OPG3854-. Borrower shall ,nQrt tau e,-mit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to;iielease,n Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anythii g affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environm snial Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to d a presence, use, or storage on the Property of small quantities of Hazardous Substances that are gene rally recognized to be appropriate to normal residential uses and to maintenance of the Property (includi: ig, but not limited to, hazardous substances in consumer products). Borrower shall promptly give lender written notice of (a)any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environr tental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substacct, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adverse y affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory .luthority, or any private party, that any removal or other remediation of any Hazardous Substance affectin,; the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance witl Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENAN' `S. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. 1 ender shall give notice to Borrower prior to acceleration following Borrower's breach of any coven. int or agreement in this Security Instrument (but not prior to acceleration under Section 18 u Hess Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: ;a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall :urther Inform Borrower of the right to reinstate after acceleration and the right to assert in tht foreclosure proceeding the non-existence of a default or any other defense of Borrower to accelgAtioi i;and foreclosure. If the default is not cured as specified, Lender at its option may requ , payment in full of all sums secured by this Security Instrument without further deiitp o6d` rnay' foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expca ises incurred in pursuing the remedies provided in this Section 22, Including, but not limited to, attf,rneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall termii iate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrume: it. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24, Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of ex:cution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Bf irrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement if bidding at a sheriff's sale or other sale pursuant to this Security Instrument, 26, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Prof erty, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgi tent. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an actior of mortgage foreclosure shall be the rate payable from time to time under the Note. 11334851 11334851 Inhids: 40 -6A(PA) 402051 < ?,.,•, Pape 14 of 16 Form 3039 1101 its" ti x+c`i: ?1S` •?t+v BKIWK3855 i BY SIGNING BELOW, Borrow sr accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider a tecuted by Borrower and recorded with it. Witnesses: - (Seal) -Borrower _.,_ (Seal) -Borrower (Seal) -Borrower 11334851 ®-8A(PAl pzoel ?- (Seal) Timothy T Turnbull -Borrower ?-?-- (Seal) 4t3aica D. Turnbull -Borrower _ (Seal) -Borrower _ (Seal) -Borrower 11334851 (Seal) -Borrower Page 15 of 18 Form 3039 1101 BK194OPG3856 Certificate o Residence 1, uawn l t \ -'Zh , do hereby certify that the correct address of the within-namcd Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 15th day of February, 2006 N11LO Agent of Mongag COMMONWEALTIt Of PENNSYLVANIA, Cumber1 and On this, the 15th` day of February, 2006 undersigned officer, personally appeal ;d Timothy T Turnbull County ss: , before me, the and Jessica D. Turnbull known to me (or satisfactorily proven) to be the perscn(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executt d the same for the purposes herein contained. IN WITNESS WHEREOF, I her•:unto set my hand and official seal, My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Note W Seel Dawn Meft Shoop, Ndety PMC Sttlppet>sbutg Bozo, Cuffbadend Cotattyy My Owmilm ion Ettp w May 17, 2008 Member, PennsyWama Association of NoteAn i , 11334851 t?-OA(PA) 10208) Title of Officer 11334851 Pape t o of 16 Form 3039 1/01 6K ! 94OPG3857 SCHEDULE"A" ALL that certain lot of land known and n imbered as Lot 17 on a Subdivision Plan of Paul L. Hosfelt, dated March 2000, and recorded in the Recorder c f Deeds Office, Cumberland County Plan Book 81, Page 131, situate in Southampton Township, Cumberland County, Pennsylvania, having an address of 193 Chestnut Grove Road, more particularly bounded and described as rollows: BEGINNING at a set railroad spike in the ?;artway of Chestnut Grove Road, Township Road T-323; thence over the said road, North 9 degrees 35 minutes '4 seconds East a distance of 15.00 feet to an existing railroad spike; thence continuing over said road, North 16 degrees 45 minutes 39 seconds East a distance of 172.90 feet to an existing railroad spike in the road; thence ccntinuing by said road, North 16 degrees 42 minutes 21 seconds East a distance of 37.06 feet to an existing railroai I spike; thence along lands now or formerly of Dwight A. Heinzman, South 54 degrees 13 minutes 00 seconds E tst a distance of 360.00 feet passing through a set iron pin set 26.54 feet from the aforesaid existing railroad spi ;e to a set iron pin; thence along Lot 21 of the aforesaid Subdivision Plan, South 17 degrees 40 minutes 34 secon -ds West a distance of 65.10 feet to a set iron pin at corner of Lot 18;t hence along Lot 18 of the said Plan, North A degrees 24 minutes 16 seconds West a distance of 340.05 feet to a set railroad spike passing through a set iron An set 28.34 feet from the aforesaid set railroad spike to the point and place of BEGINNING. CONTAINING a total lot area of 1.1318 acres and being all of Lot 17 on the Subdivision Plan for Paul L. Hosfelt recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, Plan Book 81, Page 131. BEING that same real estate that Angela h 1. Hockersmith, single woman, and Jason D. Palmer, single man, by their deed dated and intended to be recorder prior to the recording of this mortgage in the Office of the Recorder of Deeds in and for Cumberland County, Pei insylvania, conveyed to Timothy T. Turnbull and Jessica A. Turnbull, husband and wife, Grantors and Mortgagors herein. 1Y ' I Certify this to be recorled In Cumberland COUIV,y PA c t L L: BK 1940PG3858 T7 - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~I~~=`~ ' _`.. ~,,~ Sheriff t ,- ~.~~ _ , ~ . _ ... .. . . Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~,~~~t~ a ~utnGrr~.~~c~ , ,.Y ~<-~ ~a~; ~FF~t;F, ~~-~E ~~~vt~F ~~:: i~ ~:~. ~'4' r... IW~ Chase Home Finance LLC vs. Timothy T. Turnball (et al.) Case Number 2010-2861 SHERIFF'S RETURN OF SERVICE 05/05/2010 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: Timothy T. Turnball, 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 Timothy T. Turnball. Jessica D. Turnball, the defendant's ex wife advised Deputies Timothy T. Turnball currently resides at 16 Sable Lane, Hedgesville, WV 25427. SHERIFF COST: $67.00 May 05, 2010 SO ANSWERS, ~~~~~ -. RON R ANDERSON, SHERIFF ;cl Cou:r,.ySuita Sh~:nff. T~Ieosoft. Irc. CHASE HOME FINANCE, LLC, Plaintiff v. TIMOTHY T. TURNBULL and JESSICA D. TURNBULL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI A CIVIL ACTION -LAW . ,,,, 10-2861 CIVIL TERM ~ ° '~-~i . -r~ c ~.. ~~ Cx„~' ~ FORECLOSURE : - - . r;: ~ ~ ~'i~ ~ ~ r',~ .rt ~_' ,7: '~ ~ ~ r is :~. . ~~ n~ S''~ W .:~ PRAECIPE TO ENTER APPEARANCE ~ N To the Prothonotary: Please enter my appearance on behalf of the Defendant, Jessica D. Turnbull, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT, P.C. I~ A . u i1 ~ /1 /1 Douglas G Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: June 8, 2010 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Terrence J. McCabe, Esquire Mccabe, Weisberg and Conway, P.C. 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Date: June 8, 2010 IRWIN & McKNIGHT, P.C. Douglas C~ Mille"r, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 ,,- ~.~; s.r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE -1D # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Chase Home Finance LLC Plaintiff v. Timothy T Turnbull and Jessica D. Turnbull Defendants 2~10~`4~._ l~~~`~.,I~ Gt,.a. I \ 4 i Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-2861 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. ~~ ~-_ TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ~Ib.o~Pa 14r"r-i c+~ re ~?s9 t~ a4~ga FtZ Q-` r.TLPY McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Chase Home Finance LLC Plaintiff V. Jessica D. Turnbull and Timothy T Turnbull Defendants C" 1, iY PEi 1r.; Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-2861 MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Timothy T. Turnbull, at his/her last-known address of 16 Sable Lane, Hedgesville, West Virginia 25427. The process server was not able to serve the Defendant, per Elaine Turnbull he no longer resides there, she provided a cell phone number. Process server spoke with Timothy and he was not willing to provide current address. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A„ 2. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant's mortgaged property of 193 Chestnut Grove Road, Shippensburg, Pennsylvania 17257. The Sheriff was not able to serve the Defendant, per Ex-wife defendant does not reside there. True and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C". As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. No judge has ruled upon any other issue in this matter or in any related matter. 6. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. If service cannot be made on the Defendant, Timothy T. Turnbull, the Plaintiff will be prejudiced. WHEREFORE, Plaintiffprays this Honorable Court grant an Order allowing the Plaintiffto serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriffs Sale upon the Defendant ,Timothy T. Turnbull, by regular mail; certified mail, return receipt requested; and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 193 Chestnut Grove Road, Shippensburg, Pennsylvania 17257. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff IN THE. COMMON PLEAS COURT OF CUMBERLAND COO N -Y PENNSYLVANIA CHASE HOME FINANCE LLC; et seq. Plaintiff (Petitioner) V. Timothy T. Turnbull; et al" Defendant (Respondent) CASE and/or DOCKET No.: 10.2861 CIVIL TERM Sheriffs Sale Date: AFFIDAVIT OF SERVICE 'Complaint ?Summons ?Other: 1, _ certify that I am eighteen yeas of age or older and that I am not a party to the action nor an employee nor relative of a party and that I served and made known to the person served, TIMOTHY T. TURML31L, et ah" the above process on the _-- day of 20_ at " o'clock, _M, at 16 Sable Lane Hodgmville, WV 25427 Manner of Service: By handing a copy to: ? An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* ? The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action * (7 An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiffin the action * Cj By handing a copy to the Defendant(s) By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or oilier place of lodging at which he/she resides ? By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof n By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: - -- Relations) ipJI'ide/Position: Remarks: - Description: Approximate Age - - Hew -- Weight _ Race Sex _ Hair Defendant was not served because: [k oved ??Unknown ?No Answer ? Vacant mother: S Lze W 5?[NOl(.lnrv 0,911c ydVf phoHC ? Service was on the following daales/times: I)'r - S'- a 010 'P. / 8 10i11 Commonwealth of Peansylvama County ofCumbenfand by// --,be hQd uo Idea tuAci-c A re5tdes. 5he kl/ r«/ fit M mu7f?nr ?aiur Turn /jSoo. Cat/cd o?v $/46 10 , s?oa? tO TntatGlr QNd /1e Was .vof l(Jl<//may f? q?vc Cvrrwf OW".65. 5Ct e #acfi w A5. CJ rJ 2) 3) SS: r Before me, die undersigncd notary public, this day, personally, appeared t41 G(J ?t`L tome known, who being duty sworn according to law, deposes the following: I hereby swear or affiirrm? that the fads set forth in the foregoing Affidavit of Service are true and correct C.E'J - / z / CC t9'rr i Subscribed and sworn to before me 0 (Signature of Affrant) this _ day of )? 20 tO File Number: l 16-5767 1 J 4-'? Notary Public Notary Pub Presid ExhiWit Virginia P0Box521 my Commis ' 25402 1, 2019 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Chase Home Finance LLC vs. Timothy T. Turnball (et al.) ??r?}ath ?t ?iriribrr?y?,r4 ?,PViceC= so ") I ?5 <. M Case Number 2010-2861 SHERIFF'S RETURN OF SERVICE 05/04/2010 05:16 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 4, 2010 at 1712 hours, he served a true copy of the within Complaint in Mortgage Fc losure, upon the within named defendant, to wit: Jessica D. Turnball, by making known unto hers Iff ersonally, at 193 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylv a 17257 its ontents and at the same time handing to her personally the said true and correct copy o ti came 1( N, DEPUTY 05/05/2010 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: Timothy T. Turnball, 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 Timothy T. Turnball. Jessica D. Turnball, the defendant's ex wife advised Deputies Timothy T. Turnball currently resides at 16 Sable Lane, Hedgesville, WV 25427. SHERIFF COST: $67.00 SO ANSWERS, May 05, 2010 RON R ANDERSON, SHERIFF Exhr ir bit B !ci c')w!ySuile Sher:ff. 7 rlncsull. Iij, Attorney Outsourcing Support Services, Inc. Suite 2040 Stacey O'Connell 123 S. Broad Street Operations Manager Philadelphia PA 19109 let (215)790-5964 Jim (215)320-5779 Affidavit of Good Faith Investigation SUBJECT OF INVESTIGATION: Timothy Turnbull CLIENT: McCABE, WEISBERG & CONWAY, P.C. FILE #: 48037 MATTER #: 116-5767 COURT TERM & NUMBER: ROSS FILE #: 10-2276 SUBJECT'S LAST KNOWN ADDRESS: 193 Chestnut Grove Road Shippensburg, PA 17257 Serving Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, and D. C. I Daniel Muklewicz, being duly sworn according to law, deposes and says that on -March 30, 2010_ I completed a good faith investigation into the whereabouts of the above named subject and the extent of the investigation and the results are as follows: INQUIRY OF POSTAL AUTHORITY: A. NATIONAL ADDRESS UPDATE Postal Authority stated that the subject's mail is delivered to P.O. Box 1021, Hedgesville, WV 25427. 2. INQUIRY OF LOCAL TELEPHONE COMPANY A. DIRECTORY ASSISTANCE AND INTERNET SEARCH Directory Assistance has no listing for the subject. Exhibit C Page Two Turnbull, Timothy (subject) INQUIRY OF DEPARTMENT OF MOTOR VEHICLES: I was unable to verify current drivers license information for the subject. 4. INQUIRY OF COUNTY VOTER REGISTRATION I was unable to confirm a listing with the County Voters Registration Office for this subject. 5. INQUIRY OF NEIGHBORS: Timothy Baldwin 193 Chestnut Grove Road (717) 532-5171. Adult female stated that the subject no longer lives at the property. Kylelar Maravich 199 Chestnut Grove Road (717) 532-5080. Left message with no response. 6. OTHER INQUIRES: A. DEATH RECORDS Social Security has no death record for the subject. B. INTERNET SEARCH: Search shows that the subject resides at 193 Chestnut Grove Road, Shippensburg, PA 17257. C. LOCAL TAX RECORD INQUIRY: Tax bill is mailed to 193 Chestnut Grove Road, Shippensburg, PA 17257. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge and belief. j ?r n BY: NAME:--Dan Muklewicz TITLE: Location Specialist Notary Public: Sworn before me this day March 30, 2010 ?y COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL I STACEY M. b'CONNELL, Notary Public I City of PhllAdelphis, Phila. Coun 46 W KING ST SHIPPENSBURG, PA 17257-9998 REQUES'r FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Timothv Turnbull Address: 193 Chestnut Grove Road, Shippensburg, PA 17257 Note: Only one request may be made per completed form. The name and last known address are required for change of address information. The name, if known, and Post Office box address are required for boxholder information. 1. Capacity of requester (e.g., process server, attorney, party representing self: Process Server 2. Stature or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite state): Process Server for AOSS (Rule 400. Lb) 3. The names of all known parties to the litigation: 4. The court in which the case has been or will be heard: 5. The docket or other identifying number ( a or b must be completed): a. Docket or other identifying number: b. Docket or other identifying number has not been issued. 6. The capacity in which this individual is to be served (e.g., defendant or witness):_ defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAT THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OR TO $10, 000 OR IMPRISONMENT OF NOT MORE, THAN 5 YEARS, OR BOTH (TITLE 18 U.S. SECTION 1001)L. I certify that the above information is true and that the address information is needed and will be used solely for service of legal process conjunction with actual or prospective litigation. 123 S. Broad Street, Ste, 2050 Signature Address Daniel Muklewicz, for AOSS Philadelphia PA 19109 Printed Name City, State. ZIP Code POST OFFICE USE ONLY No change of address order on file. NEW ADDRESS OR BOXHOLDER'S ,I'3f MR,K]k T Moved, left no forwarding address. NAME AND STREET ADDRESS No such address. +7n i_l Z ?d9 k , WV ga7 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Chase Home Finance LLC Plaintiff V. Jessica D. Turnbull and Timothy T Turnbull Defendants Cumberland County Court of Common Pleas Number 10-2861 MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. TRRRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Chase Home Finance LLC Plaintiff V. Jessica D. Turnbull and Timothy T Turnbull Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-2861 CERTIFICATION OF SERVICE 1, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 12th day of August, 2010, upon the following: Timothy T. Turnbull Timothy T. Turnbull 16 Sable Lane P.O. Box 1021 Hedgesville, West Virginia 25427 Hedgesville, West Virginia 25427 jAARC RENCE J. McCABE, ESQUIRE S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. ERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff r. r~ `. .~ ; s ; -~-1~ t , ;. i .i g ~~i J`I~=ii1 l ' ~~ :.' q ~l` i i k~ .. ..~ l i Ff~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Chase Home Finance LLC Plaintiff v. Cumberland County Court of Common Pleas Jessica D. Turnbull and Timothy T Turnbull Defendants Number 10-2861 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. '% :~~ ~- 'PI/RRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ~~p.oo ~Pl~A~ a~ ~aaos~ ~ a~s~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~°~w~t+~ of ~~t1~Gr~.f~~~ Jody S Smith Chief Deputy ~' ~~ Richard W Stewart Solicitor ter., _ ~ ` ~"t '"wk'F~= Chase Home Finance LLC vs. Timothy T. Turnball (et al.) Case Number 2010-2861 SHERIFF'S RETURN OF SERVICE 09/24/2010 04:50 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 24, 2010 at 1650 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy T. Turnball, pursuant to order of court by posting the premises located at 193 Chestnut Grove Road, Shippensburg, Cumberland County, Pennsylvania 17257 with a true and correct copy according to law. SHERIFF COST: $52.00 September 28, 2010 ~i~~ TI~LA K, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ~ cMa Lm _ j s _n ~~~ `i ~ + ~. r-- ~ ~ r ~ ~~ r ~ ~` ~ ~ ~ ~~ -_ _ ~ ~ ~ ~a~ r'~. ~~~ (c Coun ~Suit~ Sheriff. Telebsoft Irn:. yy ~ '~ ~ ^'~a/ ~~ ,~~ - (.J IJ ~ T - if 1 ij McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Chase Home Finance LLC Plaintiff v. Jessica D. Turnbull and Timothy T Turnbull Defendants Cumberland County Court of Common Pleas Number 10-2861 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TE NCE c BE, ESQUIRE MARL S. W ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ~% $t0.oo PO A't't'y C~ I a.441o3 ~~ a~~a9 FIL PR -OFFICE OF"THE " iAPR25 McCABE? WEISBERG AND CONWAY, P.C. BY: T RRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff ARC S. WEISBERG, ESQUIRE - ID # 17616 E WARD D. CONWAY, ESQUIRE - ID # 34687 ARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelp ia, Pennsylvania 19109 215 790-1010 Chase Home Finance LLC Cumberland County Court of Common Pleas Plaintiff Timothy Turnbull and Jessica D. Turnbull Number 10-2861 AFFIDAVIT OF SERVICE TH OF PENNSYLVANIA :SS. CUMBERLAND J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 11 That he is counsel for the above-named Plaintiff; 2.1 That on September 24, 2010, per the attached Court Order, Plaintiff served a true and correct copy of the Con?plaint in Mortgage Foreclosure upon the Defendant, Timothy T. Turnbull by regular mail, certificate of mailing ano certified mail, return receipt requested, addressed to his/her last-known addresses of 16 Sabele Lane, of the West Virginia 25427 and P.O. Box 1021, Hedgesville, West Virginia 25427. A true and correct copy and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3.1 That on September 24, 2010, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Timothy T. Turnbull, by posting the same at the premises of 193 Chestnut Grove Road, Shippensburg, Pennsylvania 17257. A true and correct copy of the Sheriff's Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". 41 That on October 1, 2010, in accordance with the attached Court Order, Plaintiff served a true and correct co0y of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendant, Timothy T. Turnbull, hrough publication in the Cumberland Law Journal. A true and correct copy of the Proof of Publication indicating he same is attached hereto, made a part hereof, and marked Exhibit "C". 51 That on March 30, 2011, in accordance with the attached Court Order, Plaintiff served a true and correct coy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendants, Jessica D. Turnbull and Timothy T Turnbull, through publication in the Sentinel. A true and correct copy of the Proof of indicating the same is attached hereto, made a part hereof, and marked Exhibit "D". TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff SWORN ND SUBSCRI BEFORE E TH Y OF 011 OTARY PUBLIC '0MMCINWE;;L7H Cc PINNSYLVANI# NO ARIAL SEAL Barba J. Mcyer- Notary Public City of hiladelphia, Philadelphia Ccurty? MY CO MISSION =XPIRES JAN. 12, 20014 I. CHAS HOME FINANCE LLC, : IN THE COURT OF COMMON PLEAS OF laintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JESSICA D. TURNBULL and TIMOTHY T. TURNBULL, : NO. 10-2861 CIVIL TERM IN RE: MOTION TO ALLOW SERVICE OF THE DEFENDANTS PURSUANT TO PA. RULE OF CIVIL PROCEDURE 430 ORDER OF COURT NOW, this 8u' day of September, 2010, upon consideration of Plaintiffs To Allow Service of the Defendants Pursuant to Pa. Rule of Civil Procedure 430, the Pontiff is granted leave to serve the Complaint in Mortgage Foreclosure upon Timothy T . Turnbull by (1) regular mail and by certified mail, return receipt to his last known address of 16 Sable Lane, Hedgesville, West Virginia, and P.O. B jx 1021, Hedgesville WV 25427, (2) publication once in a newspaper of general and once in the Cumberland Law Journal, and (3) posting the Complaint at the premises of 193 Chestnut Grove Road, Shippensburg, PA 17257. regular .VICE of papers subsequent to the complaint may be served upon him by (1) 1 to his last known address and (2) posting of the said mortgaged premises. BY THE COURT, J de Wrr ` Terrence J. McCabe, Esq. Yf r . We isberg, Esq. w c r D. Conway, Esq. Marga ret Gairo, Esq. McCab e, Weisberg and Conway, P.C. 123 S uth Broad Street Suite 080 Philadelphia, PA 19109 Attorneys for Plaintiff :rc I TERRENCE J. McCAB MARC S. WEISBERG' EDWARD D. CONWA MARGARET GAIRO LISA L. WALLACE+t DEBORAH K.CURRA LAURA H.G. O'SULL GAYL C. SPIVAK*= FRANK DUBINANDREW L. MARKO HEIDI R. SPIVAK* SCOTT TAGGART* MARISA COHEN• KATHERINE SANTAI' JASON BROOKSt FAITH MIROS < ERIN BRADY .. KEVIN T MCQUAIL RABIHAH SCOTT- ALEXANDRA T. GAR( CORRIN DEMENT - ABBY K. MOYNIHAN CATHLEEN WELKER• See www -law-m for LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 t. FAX (215) 790-1274 ANt• September 24, 2010 Timothy T. Turnbull 16 Sable Lane 1-ledges 'lle, WV 25427 SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 499 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 GENERAL FAX (914) 636-8901 MEDIATION ONLY FAX (914) 819-5505 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 201 4021 UNIVERSITY DRIVE FAIRFAX, VA 22030 (866) 656-0379 Re: hase Home Finance LLC v. Timothy T. Turnbull and Jessica D. Turnbull timberland County; C.C.P.; Number 10-2861 civil term Dear W Turnbull: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, along with a copy of the signed Order dated September 8, 2010, the original of which has been filed against you in regard to the above-captioned matter. Ve t yours, ?A TERRENCE J. McCABE TJM/hm SENT IA REGULAR MAIL AND CERTI IED MAIL NUMBER 7010 0290 0003 1043 8323 RETURN RECEIPT REQUESTED exhibit This is a communication from a debt collector. may be an attempt to collect a debt and any information obtained will be used for that purpose. LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCAB SUITE 2080 SUITE 303 MARC S. WEISBERG* 123 SOUTH BROAD STREET 216 HADDON AVENUE EDWARD - PHILADELPHIA PA 19109 WESTMONT, NJ 08108 AIRO MARGARET T GAIRO •? , (215) 790-1010 (856) 858-7080 LISA L. WALLACE+t FAX (856) 858-7020 DEBORAH K. C t. FAX (215) 790-1274 LAURA H.G. O'SULL VAN±. SUITE 499 GAYL C. SPIVAK*= 145 HUGUENOT STREET FRANK DUBIN- NEW ROCHELLE, NY 10801 ANDREW L. MARKO ITZ (914)-636-8900 R. SPIVAK* GENERAL FAX (914) X (914) 636-8901 SCOTT TAGGART* MEDIATION ONLY FAX (914) 819-5505 MARISA COHEN* Also servicing Connecticut KATHERINE SANT INI- JASON BROOKSt FAITH MIROS <, September 24, 201 SUITE 100 ERIN BRADY •• 8101 SANDY SPRING ROAD KEVIN T MCQUAIL - LAUREL, MD 20707 RABIHAH SCOTT .. (301) 490-3361 ALEXANDRA T. GAR IA* FAX (301) 490-1568 CORRIN DEMENT - Also servicing the District of Columbia ABBY K. MOYNIHAN CATHLEEN WELKER SUITE 201 See wwwmwc-law.com for licensi key. 4021 UNIVERSITY DRIVE FAIRFAX, VA 22030 (866) 656-0379 Timothy T. Turnbull P.O. Bo 1021 Hed2esv lle, WV 25427 Re: hase Home Finance LLC v. Timothy T. Turnbull and Jessica D. Turnbull timberland County; C.C.P.; Number 10-2861 civil term Dear Mr] Turnbull: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, along with a c py of the signed Order dated September 8, 2010, the original of which has been filed against you in regard to the above-captioned matter. Very t ours, ?TERRENCE J. McCABE TJM/hm SENT A REGULAR MAIL AND CERTIFIED MAIL NUMBER 7010 0290 0003 1043 8330 RETURN RECEIPT REQUESTED This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. ¦ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson n_/1 Sheriff v?a?'tr of'c:taabrt' t, o ' 7 Jody S Smith " r` Chief Deputy; Richard W Stewart Solicitor Chase Home inance LLC Case Number vs. 2010-2861 Timothy T. Tu ball (et al.) SHERIFF'S RETURN OF SERVICE 09/24/2010 0450 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on S ptember 24, 2010 at 1650 hours, he served a true copy of the within Complaint in Mortgage F reclosure, upon the within named defendant, to wit: Timothy T. Turnball, pursuant to order of court by p sting the premises located at 193 Chestnut Grove Road, Shippensburg, Cumberland County, P nnsylvania 17257 with a true and correct copy according to law. 0411-- T-IM,SLA K, DEPUTY SHERIFF September 28, $52.00 SO ANSWERS, 1?z ?? 71 ""` RON R ANDERSON, SHERIFF Lxnhit nft PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL l (Under Act No. 587, approved May 16, 1929), P. L.1784 COMM ONWEALTH OF PENNSYLVANIA ss. COUNT Y OF CUMBERLAND L isa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State afo resaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, legal periodical published in the Borough of Carlisle in the County and State aforesaid, was esta blished January 2, 1952, and designated by the local courts as the official legal periodic 1 for the publication of all legal notices, :and has, since January 2, 1952, been regularly issued ekly in the said County, and that the printed notice or publication attached hereto is exactly t e same as was printed in the regular editions and issues of the said Cumberland Law Journal o n the following dates, Viz O ctober 1, 2010 fiant further deposes that he is authorized to verify this statement by the Cumberland Law Jou rnal, a legal periodical of general circulation, and that he is not interested in the subject matter o the aforesaid notice or advertisement, and that all allegations in the foregoing statemen ts as to time, place and character of publication are true. Li Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 1 day of October, 2010 C'- Notary a ? NOTARIAL SEAL Ibit C DEBORAH A COLUN8 NOWY PUM FAW-W My Cc BOROUGH. CUAIBERLANO COUNTY E*m Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE C umberland County C rt of Common Pleas Number 10-2861 Cha se Home Finance LLC Plaintiff V. Je sica D. Turnbull and T imothy T. Turnbull Defendants TYPE O ACTION: CIVIL ACTION/ CO PLAINT IN MORTGAGE FORECLOSURE TO: TIM OTHY T. TURNBULL PREM ISES SUBJECT TO FORE- CLOSU : 193 CHESTNUT GROVE ROAD, HIPPENSBURG, PENNSYL- VANIA 1 7257. NOTICE If yo wish to defend, you must enter a itten appearance person- ally orb attorney and file your de- fenses o objections in writing with the cou . You are warned that if you fail to d so the case may proceed without ou and a judgment may be entered ainst you without further notice fo r the relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE OUR LAWYER AT ONCE. IF YO O NOT HAVE A LAWYER, GO T TELEPHONE THE OFFICE SET H BELOW. THIS OFFICE CAN IDE YOU WITH INFORMA- TION UT HIRING A LAWYER. IF J CANNOT AFFORD TO HIRE WYER, THIS OFFICE MAY BE A TO PROVIDE YOU WITH INFO TION ABOUT AGENCIES THAT OFFER LEGAL SERVICES TO E LE PERSONS AT A RE- DUC E OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 TERRENCE J. McCABE, ESQUIRE ID # 16496 MARC S. WEISBERG, ESQUIRE ID # 17616 EDWARD D. CONWAY, ESQUIRE ID # 34687 MARGARET GAIRO, ESQUIRE ID # 34419 McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Oct. 1 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland ladle Cox, Retail Sales Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTIIVEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13-,1881, since which date THE SENPINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 30, 2011 COPY OF NOTICE OF PUBLICATION I ?- Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication e. Swo to and subscribed b ore me this l l 20 q - L( lug Notary Public My commission expires: NOTARIAL SEAL BAMBIANN HECKENOORN Notary Publk CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 Exhibit D McCABE, WEISBE 2G AND CONWAY, P.C. BY: TERRENCEP, J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD 1). CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Penns Ivania 19109 (215) 790-1010 Chase Home Financ.- LLC PI iintiff v. Timothy T Tumbul: and Jessica D. Turnbull D( fendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-2861 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHON. )TARY: ,....yam y •ro? ?Y r'- p --i --C CD -+ Orr Kindly enter 'udgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Princip, Interest tom 03/11/11 to 05/13/11 $ 134,071.69 $ 9,515.22 Total $ 143,586.91 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D CON fkvy diI d a . WAY, ESQUIRE / ek & 1315 Y MARGARET GAIRO, ESQUIRE , ; ' ANDREW L. MARKOWITZ, ESQUIRE (LV S 9 j ? Attorneys for Plaintiff a &&Ic N AND NOW, his 17day of G , 2011, Judgment is entered in favor of Plaintiff, Chase Home Finance LLC, , id against Defendants, Timo y T Turnbull and Jessica D. Turnbull, and damages are assessed in the amount of $143 586.91, plus interest and costs. BY THE PROTHO ITARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCF, J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Penns?ivania 19109 (215) 790-1010 Chase Home Finance LLC Plaintiff V. Timothy T Turnbull and Jessica D. Turnbull D fendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-2861 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTU OF PENNSYLVANIA: COUNTY OF PHIL, DELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, Timothy T Turnbull and Jessica A Turnbull, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Timothy T Turnbull and Jessica D. Turnbull, are over eighteen (18) years of age, and reside as follows: Jessica D. Turnbull 193 Chestnut Grove Road Shippensburg, Penns; lvania 17257 Timothy T Turnbull 193 Chestnut Grove Road Shippensburg, Pennsylvania 17257 P.O. Box 1021 Hedgesville, West Virginia 25427 16 Sable Lane Hedgesville, West Virginia 25427 SWORN AND SUI SCRIBED BEFORE ME THIS 16TH DAY OF MA` 2011 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Maleekah Wiltbanks- Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES APR. 06, 2015 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARFT GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Chase Home Finance LLC Plaintiff V. Timothy T Turnbull and Jessica D. Turnbull D fendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-2861 Civil Term CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them , rithin ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THI' 16TH DAY OF MAC , 2011 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Maleekah Wiltbanks- Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES APR. 06, 2015 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersil, ned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is autl prized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary To: Jessica D. Turnbull 193 Chestnut Grove Road X?1 Shippensburg, Pennsylvania 17257 Chase Home Finance LLC Cumberland County Vs. Court of Common Pleas Timothy T Turnbull Jessica D. Turnbull Number 10-2861 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST VOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIF NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUTA HEARING AND YOU MAYLOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 10 OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THAT MAYOFFER LEGAL, SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRrro CON ESTE TRIBUNAL SUS DEFENSES U OBJECIONES A LOS RECLAMOs FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA,DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BEENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN•ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATON ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-910 BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE hm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary -----April 2n.-.- -- To: Timothy T Turnbull 193 Chestnut Grove Road Shippensburg, Pennsylvania 17257 Chase Home Finance LLC Cumberland County VS. Court of Common Pleas Timothy T Turnbull Jessica D. Turnbull Number 10-2861 NOTICE, RULE 237.5 NO'T'ICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOLK DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YCIJ. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAYLOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO'?R TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BEABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIESTHAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Assoei ;tion 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOOADO Y FOR NO HABER RADICADO FOR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOs EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA MAUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON woRMAci& ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVIC10S LEGALES A PERSONAS ELF41BLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-.910 9(08 BY: Attorfieys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE hm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Curt Long Cumberland County Courthouse, Carlisle, Pennsylvania 17013 ? b I Prothonotary -- -- - - - --- -... L. - ... - Ap412-0j2-01-1 To: Timothy T Turnbull 16 Sable Lane Hedgesville, Vest Virginia 25427 Chase Home Finance LLC Cumberland County VS. Court of Common Pleas Timothy T Turnbull Jessica D. Turnbull Number 10-2861 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSON kLLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YC J. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARINIG AND YOU MAYLOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAP. R TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONF. THE OFFICE SET FORTH BELOW. THIS OFFICE CAN FRO\ IDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIR;: A LAWYER, THIS OFFICE MAY BE ABLE TO PRO VIDE YOU WITH INFORMATION ABOUTAGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PE::SONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DF•NTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALOUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRTA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDF. PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON TNFORMAC16N ACERCA DE LAS AGFNCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORAR10 REDUCIDO NI NINGIJN HONOR ARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 BY: / 4!t--? ? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L, MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE hm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary To: Timothy T Turnbull P.O. Box 1021 Hedgesville, West Virginia 25427 Chase Home Finance LLC Cumberland County Vs. Court of Common Pleas Timothy T Turnbull Jessica D. Turnbull Number 10-2861 NOTICE, RULE 237.5 NO FICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE W WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST Y()J. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEART"'G AND YOU MAY LOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAP-:R TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICEMAYBEABLE TO PROVIDE YOU WITH INFORMATION ABOUTAOENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS D£FENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALOUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA onciNA EXPUso ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACi6N ACERCA DE LAS AGENCIAS QUE PUEDEN OPRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO RF.DUCIDO N1 NINGON HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 BY: ? iy? A orneys for Plaintiff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE hm McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Chase Home Finance LLC Plaintiff V. Timothy T Turnbull and Jessica D. Turnbull Dt fendants Attorneys for Plaintiff C'.) C r?ca zrn z;?D cn ?` COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 10-2861 Civil Term PRAECIPE TO VACATE JUDGMENT TO THE PROTHON+)TARY: N c3 -v Zf Kindly vacs, ; Default Judgment which was entered on May 17, 2011, which was entered in the above captioned matter. Thi judgment is to vacate without prejudice to plaintiff's rights. ao ? ©4 4C) C')-n SWORN AND SUBSCRIBED TERRENCE J. McCABE, ESQUIRE BEFORE ME THIS _9`h _ DAY MARC S. WEISBERG, ESQUIRE OF June__ _, 2011 EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE lq?TARY PUBL C Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Maleekah Wiltbanks- r,' jry Public City of Philadelphia, Phiiaceiphia County MY COMMISSION APR. 06, 2015 *%.Do PA ATN atf 143891 2*.7(a/&63 McCABE, WEISBEAG AND CONWAY, P.C. BY: TERRENCj' J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD 1?. CONWAY, ESQUIRE - ID # 34687 MARGARI T GAIRO, ESQUIRE - ID # 34419 ANDREW-. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Penns% lvania 19109 (215) 790-1010 Chase Home Finar-zx LLC Plaintiff V. Timothy T Turnbull and Jessica D. Turnbull D fendants Attorneys for Plaintiff G COURT OF COMMON PLEAS -v= CUMBERLAND COUNTY M CD rn " cn ? _ ;;rs r*? two c+ No. 10-2861 Civil Term t-a CD --n CERTIFICATE OF SERVICE The undersigned, attorney for Plaintiff, hereby certify that a true and correct copies of the within Praecipe to Vacate Judgment was served on the below parties on the 9`h of June, 2011 by the United States mail, first class: Jessica D. Turnbull 193 Chestnut Grove Load Shippensburg, Penns) lvania 17257 and Timothy T Turnbull 193 Chestnut Grove Load Shippensburg, Penns:; ivania 17257 and Timothy T Turnbull 16 Sable Lane Hedgesville, West Virginia 25427 and Timothy T Turnbull a id Jessica D. Turnbull c/o Douglas G. Miller, Es Juire West Pomfret Proffes.onal Building 60 West Pomfret Street Carlisle, P A17013 DATE: June 9, 2011 err TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff G CHASE HOME FINANCE, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI A V. CIVIL ACTION -LAW 10-2861 CIVIL TERM rY}' `- c , tl -' - TIMOTHY T. TURNBULL and ,' r E 71 JESSICA D. TURNBULL, : FORECLOSURE 4 C) Defendants. ; ?.., NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN & McKNIGHT, P.C. v Douglas G.VMiller, Es4uire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant Jessica D. Turnbull Date: July 26, 2011 CHASE HOME FINANCE, LLC, Plaintiff V. TIMOTHY T. TURNBULL and JESSICA D. TURNBULL, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 10-2861 CIVIL TERM :FORECLOSURE ANSWER OF DEFENDANT JESSICA D. TURNBULL WITH NEW MATTER TO THE PLAINTIFF'S COMPLAINT AND NOW this 26T" day of July, 2011, comes the Defendant JESSICA D. TURNBULL, by and through her attorneys, Irwin & McKnight, P.C., and makes the following Answer with New Matter and Counterclaim to the Complaint filed by Plaintiff, CHASE HOME FINANCE, LLC, and in support thereof avers as follows: 1. After reasonable investigation, Defendant Jessica D. Turnbull is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. 2. The averments contained in paragraph two (2) are denied as stated. It is admitted that Defendant Timothy T. Turnbull formerly resided at the mortgaged property, and that he unilaterally moved from the home on or about September 27, 2009. Upon information and belief, Defendant Timothy T. Turnbull now resides at 17 North Artizan Street, Apt B, Williamsport, Maryland 21795. The remaining averments in paragraph two (2) are specifically denied and strict proof thereof is demanded at trial. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments contained in paragraph four (4) are denied as stated. It is admitted that a standard form mortgage was prepared with only the name of Defendant Timothy T. Turnbull, that Defendant Jessica D. Turnbull's name was later typewritten onto the document, and that her signature appears on the recorded document. However, Plaintiffs agents and representatives have refused to acknowledge that Defendant Jessica D. Turnbull is authorized to obtain information concerning the subject mortgage account, have refused repeated attempts by her to obtain information regarding the said account, and other than the filing of the instant foreclosure action have refused to send any information to Defendant Jessica D. Turnbull concerning the mortgage account. Therefore, the remaining averments in paragraph four (4) are specifically denied and strict proof thereof is demanded at trial. 5. After reasonable investigation, Defendant Jessica D. Turnbull is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph five (5) of the Plaintiffs Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, no such Assignment as referenced by Plaintiff has been recorded through recent search of the public records of Cumberland County, Pennsylvania. 6. The legal description attached to Plaintiffs Complaint and referenced in paragraph six (6) speaks for itself and therefore no response is required. By way of further answer, any discrepancy between the document attached as Exhibit "A" and the Defendants' Deed recorded of record in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania is specifically denied and strict proof thereof is demanded at trial. 7. After reasonable investigation, Defendant Jessica D. Turnbull is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph seven (7) of the Plaintiffs Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff's agents and representatives have refused to acknowledge that Defendant Jessica D. Turnbull is authorized to 2 obtain information concerning the subject mortgage account, have refused repeated attempts by her to obtain information regarding the said account, and other than the filing of the instant foreclosure action have refused to send any information to Defendant Jessica D. Turnbull concerning the mortgage account. Defendant Jessica D. Turnbull has therefore been unable to determine when payments were not made with respect to the mortgage account, but upon information and belief asserts that payments have in fact been made since June 1, 2009, as Defendant Timothy T. Turnbull obtained a reduced Order of Court for child support payments on the basis that such mortgage payments were being made by him. 8. After reasonable investigation, Defendant Jessica D. Turnbull is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eight (8) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiffs agents and representatives have refused to acknowledge that Defendant Jessica D. Turnbull is authorized to obtain information concerning the subject mortgage account, have refused repeated attempts by her to obtain information regarding the said account, and other than the filing of the instant foreclosure action have refused to send any information to Defendant Jessica D. Turnbull concerning the mortgage account. Defendant Jessica D. Turnbull has therefore been unable to determine when payments were not made with respect to the mortgage account, but upon information and belief asserts that payments have in fact been made since June 1, 2009, as Defendant Timothy T. Turnbull obtained a reduced Order of Court for child support payments on the basis that such mortgage payments were being made by him. 9. The averments contained in paragraph nine (9) are conclusions of law to which no response is required. To the extent that a response is required, it is admitted that Defendant Jessica D. Turnbull received certain notices from Plaintiff, and that the undersigned legal counsel subsequently entered his appearance on behalf of her in the instant action. 3 WHEREFORE, Defendant Jessica D. Turnbull respectfully request that this Honorable Court enter a judgment in her favor and against Plaintiff in this matter, or against that Additional Defendant "Timothy T. Turnbull as referenced below in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 10. The averments of fact contained in the Answers to the Complaint by Jessica T. Turnbull are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 11. Defendants' original mortgage lender was M&T Mortgage Corporation and the amount financed pursuant to the Mortgage document was $125,000.00. 12. This action, however, and the notices that were sent to Defendant Jessica D. Turnbull with regard to the Mortgage were filed and sent on behalf of Chase Home Finance, LLC. 13. Upon information and belief, Defendants have never received any notice or correspondence transferring the mortgage obligations to Plaintiff. 14. Upon information and belief, Defendants have never received any notice or correspondence transferring any interest in the associated mortgage note to Plaintiff. 15. After reasonable investigation, Defendant Jessica D. Turnbull is unaware of the nature or identity of Plaintiff or its alleged interest in the Mortgage or mortgage note. 4 16. Furthermore, Plaintiff's agents, employees, and representatives have refused to acknowledge that Defendant Jessica D. Turnbull is authorized to obtain information concerning the subject mortgage account. 17. Plaintiff's agents, employees, and representatives have refused repeated attempts by Defendant Jessica D. Turnbull to obtain information regarding the said mortgage account, or to arrange for payments made on her behalf towards the mortgage balance. 18. Other than the filing of the instant foreclosure action, Plaintiff has failed and refused to send any information to Defendant Jessica D. Turnbull concerning the mortgage account. 19. Defendant Jessica D. Turnbull has therefore been unable to determine when payments were not made with respect to the mortgage account. 20. Upon information and belief, however, Defendant Jessica D. Turnbull asserts that payments have in fact been made since June 1, 2009, as Defendant Timothv T. Turnbull obtained a reduction in his child support obligations to the Answering Defendant on the basis that the referenced monthly mortgage payments were being paid by him. 21. As a direct result of the representations made by Defendant Timothy T. Turnbull and the failure of Plaintiff to provide any information to Defendant Jessica D. Turnbull, she did not contact a consumer credit counseling agency or otherwise seek prior legal assistance in order to protect her interests in the subject property. 22. Defendant Jessica D. Turnbull repeatedly requested updates and contact from Plaintiff and Defendant Timothy T. Turnbull with regard to the mortgage payments that were supposed to have been paid and the status of the mortgage account. 5 23. The requests of the Defendant Jessica D. Turnbull simply went unanswered, and after service of the Complaint in the instant matter, answering Defendant secured the representation of legal counsel. 24. As a result of the above, all or some of Plaintiff's claimed damages are attributable to persons and/or causes other than Defendant Jessica D. Turnbull. 25. Plaintiff further asserts unsubstantiated attorney fees, corporate advance, and escrow advance. 26. Plaintiff's claims may also be barred and/or limited by Plaintiff's failure to mitigate or to properly mitigate its damages. 27. Plaintiff's Complaint fails to state claims or causes of action upon which relief can be granted. 28. Defendants have also listed the subject property for sale, and upon the sale of the property to a third party, Defendants will be able to satisfy the mortgage and legitimate expenses to the Plaintiff in full. WHEREFORE, Defendant Jessica D. Turnbull respectfully request that this Honorable Court enter a judgment in her favor and against Plaintiff in this matter, or against that Additional Defendant Timothy T. Turnbull as referenced below in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER PURSUANT TO Pa.R.C.P. No. 2252(d) 29. The averments of fact contained in Defendant Jessica D. Turnbull's Answers to the Complaint and New Matter above are hereby incorporated by reference and are made part of this New Matter Pursuant to Pa.R.C.P. No. 2252(d) to the Complaint of the Plaintiff. 6 30. Defendant Jessica D. Turnbull asserts this New Matter pursuant to Pa. R. C. P. No. 2252(d) and thereby joins Defendant Timothy T. Turnbull as an Additional Defendant in this action on the following basis: 31. The actions by Defendant Timothy T. Turnbull constitute a material breach of their promises and representations to Defendant Jessica D. Turnbull and the Domestic Relations Office tasked with determining and monitoring child support payments, which breach has caused and continues to cause Defendant Jessica D. Turnbull harm, including but not limited to a significant reduction in her credit score and the instant foreclosure litigation. 32. If Plaintiff establishes that it suffered injuries, damages, and monies due as alleged in its Complaint, which allegations answering Defendant specifically denies, said injuries and damages were caused solely by the negligence, recklessness, misrepresentations, and carelessness of Additional Defendant, Timothy T. Turnbull, by his acts as described in the preceding paragraphs. 33. As a result of the aforesaid actions, Additional Defendant, Timothy T. Turnbull, is solely liable to Plaintiff for any alleged injuries and damages it may have suffered and for any monies due Plaintiff. 34. If as a result of the matters alleged in Plaintiff's Complaint, Defendant Jessica D. Turnbull is held liable to Plaintiff for all or part of such injuries or damages as it may have sustained or for any monies due Plaintiff, Additional Defendant is the party primarily liable for such injuries, damages and monies due, and is liable over to Defendant Jessica D. Turnbull by way of contribution or indemnification, for all such damages as may be required to pay to Plaintiff. 7 35. In the alternative, if as a result of the matters alleged in Plaintiffs Complaint, Defendant Jessica D. Turnbull is held liable to Plaintiff for all or part of such injuries or damages as it may have sustained or for any monies due Plaintiff, Additional Defendant is jointly and severally liable to Plaintiff based upon the foregoing allegations for such injuries, damages and monies due, and is liable over to Defendant Jessica D. Turnbull by way of contribution for all such damages Defendants may be required to pay to Plaintiffs. WHEREFORE, Defendant Jessica D. Turnbull respectfully requests that this Honorable Court: a. Enter a judgment in her favor and against Additional Defendant, Timothy T. Turnbull, as solely liable in this matter, if there is any liability to Plaintiff, b. Enter a judgment over and against Additional Defendant, Timothy T. Turnbull, by way of indemnification or contribution for the amount recovered by Plaintiff against Defendants, together with costs, in the event that a verdict is recovered by Plaintiff; and C. Enter a judgment in her favor and against Additional Defendant, Timothy T. Turnbull, for damages as alleged above. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: A.4 Douglas Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant Dated: July 26, 2011 Jessica D. Turnbull 8 VERIFICATION The foregoing document on behalf of the Defendant is based upon information which has been gathered by counsel for the Defendant in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Defendant's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendant according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 4 "- A Douglas . Miler, Esquire Date: July 26, 2011 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Terrence J. McCabe, Esquire Mccabe, Weisberg and Conway, P.C. 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Timothy Turnbull 17 North Artizan Street Apt. B Williamsport, MD 21795 Date: July 26, 2011 IRWIN & McKNIGHT, P.C. AAA Douglas iller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 4 McCABE, WEISBERG AND CONWAY, P.C. BY: Heidi R. Spivak, Esquire, Atty I.D. #74770 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Chase Home Finance LLC, Plaintiff, V. Timothy T. Turnbull and Jessica D. Turnbull, Defendants. Attorneys for Plain4f ---4 Cumberland County , n C:' ALL,f c ,p Court of Common Pleas V:a Number 10-2861 civil term PLAINTIFF'S REPLY TO NEW MATTER Plaintiff, Chase Home Finance LLC, by and through its attorneys, hereby responds to the New Matter to Plaintiff s Complaint filed by defendant, Jessica D. Turnbull, as follows: 10. In response to the allegations of this paragraph, plaintiff hereby incorporates by reference the allegations of all paragraphs of its Complaint in this matter as though more fully set forth herein. IL . Denied. The allegations contained in this paragraph of the new matter are denied as they refer to a written document or documents, which document(s) speaks for itself. 12. Denied. The allegations contained in this paragraph of the new matter are denied as they refer to a written document or documents, which document(s) speaks for itself. By way of additional reply, the mortgage which forms the basis of this foreclosure action was assigned to Chase Home Finance LLC, plaintiff herein, by assignment of mortgage which has been recorded with the recorder of deeds of Cumberland County as instrument number 201019066. A true and correct copy of said assignment of mortgage is attached hereto as Exhibit A. 13. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. By way of additional reply, defendants were sent all required notices pursuant to any and all applicable laws and/or acts. 14. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. Byway of additional reply, defendants were sent all required notices t pursuant to any and all applicable laws and/or acts. 15. Denied. Plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. By way of additional reply, the mortgage which forms the basis of this foreclosure action was assigned to Chase Home Finance LLC, plaintiff herein, by assignment of mortgage which has been recorded with the recorder of deeds of Cumberland County as instrument number 201019066. A true and correct copy of said assignment of mortgage is attached hereto as Exhibit A. 16. Denied. Plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. By way of additional reply, although defendant Jessica Turnbull is a real owner and mortgagor with regard to the property being foreclosed, she is not a signatory to the promissory note which is the basis for the underlying obligation. The note is executed only by defendant Timothy Turnbull. Accordingly, any disclosure of financial information can be made only to defendant Timothy Turnbull. A true and correct copy of the note is attached hereto as Exhibit B. 17. Denied. Plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. By way of additional reply, although defendant Jessica Turnbull is a real owner and mortgagor with regard to the property being foreclosed, she is not a signatory to the promissory note which is the basis for the underlying obligation. The note is executed only by defendant Timothy Turnbull. Accordingly, any disclosure of financial information can be made only to defendant Timothy Turnbull. A true and correct copy of the note is attached hereto as Exhibit B. 18. Denied. In addition to the filing of the instant foreclosure action, defendant Jessica Turnbull was sent an Act 6 / 91 Notice advising of the delinquency of the mortgage and the amount required to cure that delinquency. A true and correct copy of the Act 6 / 91 Notice is attached hereto as Exhibit C. By way of additional reply, although defendant Jessica Turnbull is a real owner and mortgagor with regard to the property being foreclosed, she is not a signatory to the promissory note which is the basis for the underlying obligation. The note is executed only by defendant Timothy Turnbull. Accordingly, any disclosure of financial information can be made only to defendant Timothy Turnbull. A true and correct copy of the note is attached hereto as Exhibit B. 19. Denied. Plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. 20. Denied. The loan remains due for the June 1, 2009, and all subsequent payments. Defendants have been given appropriate credit for all payments made. 21. Denied. The allegations contained in this paragraph of the new matter are denied as they refer to a written document or documents, which document(s) speaks for itself. 22. Denied. Plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. By way of additional reply, although defendant Jessica Turnbull is a real owner and mortgagor with regard to the property being foreclosed, she did not sign the promissory note which is the basis for the underlying obligation. The note is executed only by defendant Timothy Turnbull. Accordingly, any disclosure of financial information can be made only to defendant Timothy Turnbull. 23. Denied. Plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. 24. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. 25. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. By way of additional reply, all sums contained in the complaint represent sums due to plaintiff and which defendants are obligated to pay under contractual and other applicable law. 26. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. 27. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. 28. Denied. Plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. WHEREFORE, Plaintiffrespectfully requests that Defendant's New Matter to Plaintiff's Complaint be dismissed in its entirety and that judgment be entered in favor of Plaintiff and against Defendant for such relief as is requested in Plaintiff's Complaint. 29. In response to the allegations of this paragraph, plaintiff hereby incorporates by reference the allegations of all paragraphs of its Complaint in this matter as though more fully set forth herein. 30. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. 31. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. By way of additional reply, as the allegations contained in this paragraph of the new matter relate not to answering plaintiff but, rather, to defendant Timothy Turnbull, plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. 32. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. By way of additional reply, as the allegations contained in this paragraph of the new matter relate not to answering plaintiff but, rather, to defendant Timothy Turnbull, plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. 33. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. By way of additional reply, as the allegations contained in this paragraph of the new matter relate not to answering plaintiff but, rather, to defendant Timothy "Turnbull, plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. 34. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. By way of additional reply, as the allegations contained in this paragraph of the new matter relate not to answering plaintiff but, rather, to defendant Timothy Turnbull, plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. 35. Denied. The allegations contained in this paragraph of the new matter are denied as conclusions of law to which no response is required. By way of additional reply, as the allegations contained in this paragraph of the new matter relate not to answering plaintiff but, rather, to defendant Timothy Turnbull, plaintiff has insufficient information to form a belief as to the truth of the allegations contained in this paragraph of the new matter and same are, therefore, denied. WHEREFORE, Plaintiff respectfully requests that Defendant's New Matter to Plaintiff s Complaint be dismissed in its entirety and that judgment be entered in favor of Plaintiff and against Defendant for such relief as is requested in Plaintiffs Complaint. MCCABE, WEISBERG & CONWAY, P.C. By: I ?k &4Aea Heidi R Spivak, Esquire EXHIBIT A Assignment of Mortgage ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201019066 Recorded On 7/15/2010 At 11:45:42 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 69169 User ID - KW * Mortgagor - TURNBULL, TIMOTHY T * Mortgagee - CHASE. I:IOMF FINANCE LLC * Customer - MCCABE WEISBERG & CONWAY * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $51.00 1 Certify this to be recorded in Cumberland County PA RECORDER O /DZDS 7PB0 n- ?--? VMS * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. iuuiuiiuiuu `'I vVLO iii1g Prepared by Samantha Emerson McCabe Weisberg & Conway, P.C. Suite 2080 123 South Broad Street Philadelphia, PA 19109 Record and Return To: McCabe Weisberg & Conway, P.C. Suite 2080 123 South Broad Street Philadelphia, PA 19109 Attn: Samantha Emerson Parcel # 39-13-0106-125 Assignment of Mortgage Etlective date of Assignment: March 27, 2010 For Value Received, the undersigned holder of a mortgage, Mortgage Electronic Registration Systems, Inc., as nominee for M&T Mortgage Corporation whose address is P.O. Box 2026, Flint, Michigan 48501-2026 does hereby grant, sell, assign, transfer and convey without warranties of any nature whatsoever and without recourse, unto Chase Home Finance LLC whose address is 10790 Rancho Bernardo Road San Diego, Calitbrnia 92127 a certain Mortgage dated February 15, 2006 made and executed by: Timothy T. Turnbull and Jessica D. Turnbull upon the following described property situated in Cumberland County. Commonwealth of Pennsylvania: which has the address of 193 Chestnut Grove Road, Shippensburg, Pennsylvania 17257 Parcel ID no: 39-13-0106-125 I do hereby certify that the precise address of Chase Home Finance LLC is 10790 Rancho Bernardo Road San Diego, Califorr)69N 27 Attested By: v Assisfq!nt Secretary such Mortgage h en given to secure payment of $125,000.00, which Mortgage is of record in the Office of the Recorder of Cumberland County in Mortgage Book 1940, Page 3842, together with the note(s) and obligations therein described, the money due and to become due thereon with interest, and all rights accrued or to accrue under such Mortgage. This Mortgage was recorded on February 17, 2006. TO HAVE AND TO HOLD, the same unto Assignee, its successors and assigns, forever, subject only to the terms and conditions of the above-described Mortgage. IN Wll' SS WHER OF, the.4indcrsigned Assignor has executed this Assignment of Mortgage on C? C? Mortgage Electronic Registration Systems, Inc., as nominee for M&T Mortgage Corporation (Company) Signature: Date: D h Beth Cottrell Vice President FORM OF CORPORATE ACKNOWLEDGMENT State of Ohio ) )SS, County of Franklin ) On this O(' day of V? Y 0-L, before me the undersigned officer, personally appeared who acknowledged himself or herself to be --Rath i'lall the _ of Mortgage Electronic Registration Systems, Inc., as nominee for M&T Mortgage Corporation, and that he or she as such Vioe Pneldent, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself or hcrselfas In witness whereof. 1 hereunto set my hand and official seal. ? rfiL NOTARY KJBLI ?i =ao ?? _ Ashley L. Bond Notary Public, State of Ohic My Commission Expires 12./10/2013 search 2010-6487.ecm --?- .._ Page 81 File Number: OR30053BL, COMMITMENT SCHEDULE C j A1.1, THAT CERTAIN lot of land known and numbered as Lot 17 on a Subdivision Plan of Paul L. Hosfelt, dated March 2000, and recorded in the Recorder of Deeds Office, Cumberland County Plan Book 81 Page 131, situate in Southampton Township, Cumberland County, Pennsylvania, having an address of 193 Chestnut Grove Road, more particularly bounded and described as follows: BEGINNING at a set railroad spike in the cartway of Chestnut Grove Road, Township Road T-323, thence over the said road North 9 degrees 35 minutes 44 seconds East: a distaoW of 15.00 feet to an existing railroad spike; thence continuing over said road North 16 degrees 45 minutes 39 seconds East a distance of 172.90 feet to an existing railroad spike in the road; thence continuing by said road north 16 degrees 42 minutes 21 seconds East a distance of 37.06 feet to an existing railroad spike; thence along lands now or formerly of Dwight A. Heinzman South 54 degrees 13 minutes 00 seconds East a distance of 360.00 feet passing through a set iron pin set 26.54 feet from the aforesaid existing railroad spike to a set iron pin; thence along Lot 21 of the aforesaid Subdivision Plan South 17 degrees 40 minutes 34 seconds West a distance of 65.10 feet to a set iron pin at corner of Lot 18; thence along Lot 18 of the said Plan North 80 degrees 24 minutes 16 seconds West a distance of 340.05 feet to a set railroad spike passing through a set iron pin set 28.34 fleet from the aforesaid set railroad spike to the point and place of BEGINNING. BEING all of Lot 17 on the Subdivision Plan for Paul L. Hosfelt recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, Plan Book 81, Page 131. Parcel No.: 39-13-0106-125 raq'?y ?85'j .a NOTE February 15, 2006 (Date) Shippensburg [city] 193 Chestnut Grove Rd, Shippensburg. PA 17257 (Property Address) PENNSYLVANIA (Slate) 1. BORROWER'S PROMISE TO-PAY In return for a loan that 1 have received, I promise to pay U.?. $ 125.000.0__, (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is M&T Mortgage Corporati on I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.500 %. The interest rate require y flits Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. ( will make my monthly payment on the Is t day of each month beginnin on Apr i 1 01, 2006 1 will make these payments every month until I have paid all of the principal and interest and any other c ar rdeseribed below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on March 01, 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PO Box 62182. Baltimore, MD 21264 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 790.09 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. 1 may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 11334851 11334851 MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (as 5N 10207).01 Form 3200 1101 VMP MORTGAGE FORMS • (8001521.7291 Page 1 of 3 iniilels: o' 0 0 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fi f t e e n calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11334851 11334851 Form 320 1 514 102071.01 Pogo 2 of 3 iMtlals! 0 i 10. UNIFORM SECURED NOTE This Note.4 a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. imoth T Tur' nbull -Borrower PAY TO THE O CtipisE BANK, N.A. RDER OF (seal) J'r'moR -Borrower %yITHOUT RECOURSE Mbj MORTGAGE CORPORATION (Seal) NAME: J -Borrower TITLE: VICE PRt3:nE7 (Seal) -Borrower _ (Seal) -Borrower [Sign Original Onlyl 11334851 ®-SN 102071.01 11334851 - (Seal) -Borrower WITHOUT RECOURSE PAY TO THE ORDER OR (Seal) -Borrower JPMORGAN NA 1 ie.Q.3 L l -Borrower Peps 3 of 3 Form 3200 1101 EXHIBIT C Act 6 /91 Notice to Jessica Turnbull March 22, 2010 Jessica D. Turnbull 193 Chestnut Grove Road Shippensburg, PA 17267 COMBINED ACT 91/ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an offtcial notice that the mortgage on your home is in defartt, and the leader 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 to save your home. This Notice explains how the progrant works. To see if HEMAP can help, you trust MEET WITHA 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. Ifyou have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with unpaired 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, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE AL I.,AMARD A ESTA AGENC'IA (PENNSYLVANIA HOtJSING, FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. LISTED PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Timothy T. Turnhll & Jessica D. Turnbull 13ROPERTY ADDRESS: 193 Chestnut Grove Road Shippensburg, PA 17267 LOAN ACCT. NO.: 1919746857 ORIGINAL LENDER: Chase Home Finance, LLC. CURRENT LENDEWSERVICER: Chase Home finance, LLC. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MOR'T'GAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMI'0RARYST141'OI' FORECLOSURE--Under the Act, you are entitled to a temporary stay of f-oreclosure 011 your mortgage for thirty-three (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the C011SUnler credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR 6111 THIN THE NEAT (33) DA YS IF YOU DO NOT AI'PL Y FOR EMERGFNC )' AIOR TGA GI ASSISTfI NCE YOU 114UST BRING YOUR AORTGAGE LIP TO D9T THE PART OF 'I'RIS NOTICE CALLED 'HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS 110W TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COIINSF_LING 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-three (33) days after the date of this meeting, The name 1elel)hone numbers of designated co11suntel" ('1"C'(lJt CollllSel111Q CIQPJ1ciC',S 1br the cowlly 111 r14u'h the property is located are set forth at the end o 'this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender innnediately 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.) If you have tried and are unable to resolve this problem with the lender, 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 for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCYACTION--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 ($ruzg it tip to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 193 Chestnut Grove Road Shippensburg, PA 17267 IS SERIOUSLY IN DEFAULT because: YOU }IAVE NOT MADE MON'T'HLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: approximately $1.028.31 per month for the months of.lune 1. 2009 through March 1 2010 Other charges: $409,10 For Current Late Charges, x;20.10 hor Corporate Advances &'_ $846.38 For Escrow Advances. Other fees may have accrued oil your account. TOTAL AMOUNT PAST DUE: $11,558.68 1-1011' TO CURE 771E DEFAULT--You may cure the default: within THIRTY-THREI: (33) DAYS of the date of this notice BY PAYING THE TOTAL, AMOUNT PAST DUE TO THE LENDER, WHICH IS $11,558.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Pq_1•'Inents must be made either by cash cashier's check certified check or money order made pavable and sent to: Loss Mitigation Department Chase Home Finance, LLC. 3415 Vision Drive Columbus, OH 43219 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY- THREE (33) DAYS of the date of this Notice, the lemler intends to e excise its rights to accelerate the mortgage tlebt. 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-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon 1'ottr moral>a red moDern. IF 7HE 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 tees will be added to the anlotint you owe the lender, which may also include other reasonable costs. If'you Prue the defattlt ivithirt tfte TIIIRTY-'7'IIREE (33)DAl,periotl ion is,ill riot he rertttired to t) rattorneyh y M'eS OTHER L ENDER 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-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to dare the default and lyeyen1 1he sale al any lisle ua) to one hour bean the Sheriffs .Sala. )"ou may do so by paling the total amount then past dye, phrs any late or other charges them due, reasonable attorneys Mes and costs connected ivith the foreclosure vale and wiv other costs connected ivlth the Sherid s .Sale as s.peci led in ivrii1ng hV the lender and b pei: orming 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 FIVE 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: Chase Home Finance, LLC. Address: 3415 Vision Drive, Columbus, 014 43219 Phone Number: 1-877-838-1882 Fax Number: 1-888-741-0764 Contact Person: Loss Mitigation Department 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 XX may not 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. YOUMAYALSO HAVE THE RIGHT: *TO SELL THI PROPERTY TO OBTAIN MONEY'TO PAY OFD' THE' MOR'T'GAGE DEM' OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEI'-AUL'T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO I IAVI 'T'HE MORTGAGE RES'T'ORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURT: 'l l-IE 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 TIME 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. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. SENT VIA REGULAR AND CERTIFIED MAIL NUMBER RETURN RECEIPT REQUESTED DATE: March 22, 2010 7160 3820 3530 0692 7701 McCabe, Weisberg & Conway, P.C. for Chase Manhattan Mortgage Corporation CUMBERLAND County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of M-IiAcm PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 ('omnzunity Action Commission of Cat)ti•.al Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 "uveship, laic. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 M?:lranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717,762,3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 McCABE, WEISBERG AND CONWAY, P.C. BY: Heidi R. Spivak, Esquire, Atty I.D. #74770 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Chase Home Finance LLC, Plaintiff, V. Timothy T. Turnbull and Jessica D. Turnbull, Defendants. Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-2861 civil term CERTIFICATE OF SERVICE I, Heidi R. Spivak, Esquire, hereby certify that a true and correct copy of Plaintiff's Reply to New Matter was served on the below named person(s) by regular first class mail, postage prepaid, on August 15, 2011. Douglas G. Miller, Esquire Timothy Turnbull West Pomfret professional Building 17 North Artizan Street, Apt. B 60 West Pomfret Street Williamsport, MD 21795 Carlisle, PA 17013 Attorney for defendant Jessica Turnbull Dated:' T- Heidi R. Spivak, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: HEIDI R. SPIVAK, ESQUIRE - ID #74770 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Federal National Mortgage Association Plaintiff v. Timothy T. Turnbull and Jessica D. Turnbull Defendants F,teA 04PCe YiNS) hone '1 a.61,4 Cut. a� Attorneys for P aintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS: m Number: 10-2861 SUBSTITUTION OF SUCCESSOR PLAINTIFF UNDER RULE 2352(a) PA. R. C. P. TO THE PROTHONOTARY: Kindly substitute Federal National Mortgage Association , as plaintiff in the above matter, regarding the real property located 193 Chestnut Grove Road, Shippensburg, Pennsylvania 17257, for all purposes in connection with the above captioned matter. The basis for this substitution is an Assignment of Mortgage delivered by JPMORGAN CHASE BANK, N.A., S/B/M CHASE HOME FINANCE LLC to Federal National Mortgage Association , such assignment having been recorded on the 5th day of May, 2014 in Cumberland County in Instrument Number: 201409102 and a copy of such assignment being attached hereto and incorporated herein by reference. WHEREFORE, it is respectfully requested that FEDERAL NATIONAL MORTGAGE ASSOCIATION be herewith substituted for JPMORGAN CHASE BANK, N.A., S/B/M CHASE HOME FINANCE LLC as party plaintiff for all purposes in connection with this matter. The undersigned counsel continues to represent the substituted plaintiff in this matter. McCabe, Weisbrg and Conway, P.C. to Heidi R. Spivak', Esquire Attorney for Plaintiff au\ .bq sopakh' OA -4 DD --)R3 2ikSlois7 Prepared By: PEIRSONPATTERSON, LLP 13750 OMEGA ROAD DALLAS, TX 75244-4505 800-899-9027 After Recording Please Return To: PEIRSONPATTERSON, LLP ATTN: RECORDING DEPT. 13750 OMEGA ROAD DALLAS, TX 75244-4505 800-899-9027 UPI/PIN/Tax ID: 39130106125 [Space Above This Line For Recording Data] Loan '.:1919746857 PENNSYLVANIA ASSIGNMENT OF MORT ( GE For Value Received, JPMorgan Chase Bank, N.A., SB/M Chase Home Finance LLC, the undersigned holder of a Mortgage (herein "Assignor") does hereby grant, sell•, assign, transferand'canvey tmta FEDERAL NATIONAL MORTGAGE ASSOCIATION, (herein "Assignee"), whose address is 14221 Dallas Parkway, Suite 100, Dallas, TX 75254, a certain Mortgage dated February 15, 2006 and recorded on February 17, 2006, made and executed by TIMOTHY T TURNBULL AND JESSICA D TURNBULL, to and in favor of M&T MORTGAGE CORPORATION upon the following described property situated in CUMBERLAND County, Commonwealth of Pennsylvania: Property Address: 193 CHESTNUT GROVE RD, SHIPPENSBURG, PA 17257 See exhibit "A" attached hereto and made a part hereof. such Mortgage having been given to secure payment of One, Hundred Twenty. Five Thousand" and 00/100ths ($125,000.00), which Mortgage is of record in Book, Volume or Liber No. 1940, at Page 3842 (or as No. N/A), in the Office of the Recorder of Deeds of CUMBERLAND County, Commonwealth of Pennsylvania. TO HAVE AND TO HOLD. the same unto Assignee, its successor and assigns, forever, subject only to the terms and conditions of the above-described Mortgage. Pennsylvania Assignment of Mortgage JPMorgan Chase Bank N.A. Project W2818 Page 1 of 3 L73108PA 01/12 Rev. 02/14 11111111111111111111111111111111111111111111111 Illl1 1111 1111 * 1 1 9 7 4 6 8 5 7* IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on 3'2o_ 2-01it Certificate of Residence: BY Its: Assignor. JPMorgan Chase Bank, N.A., SIM Chase Home Finance LLC VICE PRESIDENT I/We do hereby certify that the precise address of the within named mortgagee, assignee or person entitled to interest is 14221 Dallas Parkway, Suite 100, Dallas, TX 75254: By Its: JPMorgan Chase Bank, National Association as assignee or agent for assignee (,Q 41n4.1,4-01 VICE PRESIDENT Pennsylvania Assignment of Mortgage JPMorgan Chase Bank N.A. Project W2818 Page 2 of3 L73108PA 01/12 Rev. 02/14 11111111111111111111111111111111111 1 1 11111 1 111111111 1 1111111 * 1 9 1 9 7 4 6 8 5 7* ACKNOWLEDGMENT State of Louisiana § § Parish of Ouachita j§ On this Lu day of 1 V10.C'Gf 1 f'20 s 4 , before me appeared ('12` \l , to ally known, who, being by me duly sworn (or affirmed) did say that he/she is. the PRESIDENT , of JPMorgan Chase lank, N.A., SB/M Chase Hone Finance LLC, and that the seal affixed to said instrument is the corporate seal of said national association and that the instrument was signed and sealed on behalf of the national association by guthority of its board of directors and that Alt-v.t ` \l acknowledged the instrument to be the free act and deed of the national association. Si turIof Of€ee) YOLANDA A. DIAZ Printed Name NOTARY PUBLIC Title of Officer (Seal) My Commission Expires: LIFETIME Pennsylvania Assignment of Mortgage JPMorgan Chase Bank N.A. Project W2818 Page 3'of3' 1:73t08PA 01112 Rev. 02114 1111111111111111111111111111111111111111111111111111 Illi IIII * 1 9 1 9 7 4 6 8 5 7* EXHIBIT "A" ALL that certain lot of land known and wrmbered as Lot 17 on a Subdivision Plan of Paul L. Hosfelt, dated March 2000, and recorded in the Recorder c f Deeds Office, Cumberland County Plan Book 81, Page 131, situate in Southampton Township, Cumberland County, Pennsylvania, having an address of 193 Chestnut Grove Road, more particularly bounded and described as follows: BEGINNING at a set railroad spike in the i artway of Cltbst'nut'Grove Road, Township Road T-323; thence over the said road, North 9 degrees 35 minutes '4 seconds East a distance of 15.00 feet to an existing railroad spike; thence continuing over said road, North 16 degrees 45 minutes 39 seconds East a distance of 172.90 feet to an existing railroad spike in the road; thence ccntinuing by said.road,.Qorth 16.degrees 42 minutes.21 seconds East a distance of 37.06 feet to an existing railroad spike; thence along lands now or formerly of Dwight A. Heinzman, South 54 degrees 13 minutes 00 seconds E est a distance of 360.00 feet passing through a set iron pin set 26.54 feet from the aforesaid existing railroad spi re to a set iron pin„thence alongLot 21. of the. aforesaid Subdivision Plan, South 17 degrees 40 minutes 34 seconds West a distance of 65.10 feet to a set iron pin at corner of Lot 18;t hence along Lot 18 of the said Plan, North ;l0 degrees 24 minutes 16 seconds West a distance of 340.05 feet to a set railroad spike passing through a set iron 'in set 28.34 feet from the aforesaid set railroad spike to the point and place of BEGINNING. CONTAINING a total lot area of 1.1318 acres and being all of Lot 17 on the Subdivision Plan for Paul L. Hosfelt recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, Plan Book 81, Page 131. BEING that same real estate that Angela hl. Hockersmith, single woman; anch 3asorr D Palmer; single -mar; by their deed dated and intended to be recorder prior to the recording of this mortgage in the Office of the Recorder of Deeds in and for Cumberland County, Peimsylvania, conveyed to Timothy T. Turnbull and Jessica A. Turnbull, husband and wife, Grantors and Mortgagors herein. McCABE, WEISBERG AND CONWAY, P.C. BY: HEIDI R. SPIVAK, ESQUIRE - ID #74770 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 JPMorgan Chase Bank, National Association, successor to Chase Home Finance, LLC Plaintiff v. Timothy T. Turnbull and Jessica D. Turnbull Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number: 10-2861 CERTIFICATION OF SERVICE The undersigned attorney for Plaintiff hereby certifies that a true and correct copy of the SUBSTITUTION OF SUCCESSOR PLAINTIFF UNDER RULE 2352(a) PA. R. C. P. pertaining to the above -captioned matter was served on 6 ( '"1 / by first-class mail, postage prepaid, upon the following: Douglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 Timothy Turnbull 193 Chestnut Grove Rd. Shippensburg, PA 17257 McCabe, Weisb Pg and Conway, P.C. f1 Heidi R. Spivak, tsquire Attorney for Plaintiff