The URL can be used to link to this page

Home My WebLink About10-4651SHAPIRO & DeNARDO, LLC .. "3Y.-CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel 328 3rd Street West Fairview, PA 17025 DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 16 1.f 6 Sf c "u" COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE Fi s*17 TG7 f J;.:, t .J i i i_ E.) "Yk YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Tjj 66 p d o.?7 ko ;-y S-4,16 to a1 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Marlin L. Engel 328 3rd Street West Fairview, PA 17025 NO: DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Chase Home Finance LLC, the address of which is, 3415 Vision Drive, Columbus, Ohio 43219, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc. as nominee for Allied Mortgage Group, Inc. Mortga or(s): Marlin L. Engel (b) Date of Mortgage: October 3, 2008 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Document ID# 200833916 Date: October 14, 2008 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc. as nominee for Allied Mortgage Group, Inc. Assignee: Chase Home Finance LLC The assignment is in the process of being formalized. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 328 3Rd Street, West Fairview, Pa 17025 and is more specifically described as attached as part of Exhibit "All: 4. The name and mailing address of the Defendant is: Marlin L. Engel, 328 3rd Street, West Fairview, PA 17025 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of September 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of June 30, 2010: Principal Balance Due $60,387.07 Interest Currently Due and Owing at 7% From August 1, 2009 to June 30, 2010 $3,867.72 Late Charges $203.95 Escrow Advances $843.99 Property Inspection $14.00 Title Search $250.00 Mortgage Insurance Premium $24.62 Attorney Fees & Costs of Foreclosure $3,019.35 $68,610.70 8. Interest accrues at a per diem rate of $11.58 each day after June 30, 2010, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice of Intention to Foreclose pursuant to 41 P. S. § 403 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "B". 11. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. § 1707-1715z-18). Accordingly, the Homeowners' Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: 7?y 1 ` v BY: Z??r ?. Attorneys for Plaintiff S & D File No. 10-037987 33Pom is Ifl AI This Instrumant Prepared By: ALLIED MORTGAGE GROUP, 7 BALA AVE., GTE BALA PA 19004 (610)668-2745 After Recording Return To: ALLIED MORTGAGE GROUP, INC 7 BALA AVE., STE 108 BALA CYNWYD, PENNSYLVANIA 19004 Loan Number: 1108080047 Uniform Parcel Identifier Number. 45x.'7-]?044129 Property Address: 328 3RD STREET WEST FAIRVIEW, PENNSYLVANIA 17025 (8poce Above This Use for Pimording Ostal MORTGAGE FHA CASE NO. 941856302fi703 MIN: 100090708100062592 THIS MORTGAGE ('Security In tramem") Is given on OCTOBER 3, 2008 Thu mortgagar is MARLIN L. ENGEL ("Borrower"). This Security Instrument is given to Mortgage Electronic Regktmtion Iyatemk Inc. ("MRRS") (solely as nominee Ihr Lender, as hercinaRer defined, and Lender's successors and oatgns), as nWpgaa. MERS Is organized and cxdating utakr the Ism oCDekware, end bas an address and telephone number oC3300 S. W. 34th Avenue, Suite 101, ocak, FL 34474, P.O. Box 2026. Flint, Michigan 48301-202A, tel. (888) 679-MBRB. ALLIED MORTGAM GFID1P, 1W, A PE3 NSMVANIA BANKnG O0P1 CP=ICN ("Lender") Is organized and existing under the brava of PENNSYLVANIA and has an address of 7 BALA AVE., STR 108, BALA CYNWYD, PENNSYLVANIA 19004 Borrower owes Lender the principal auto of SIXTY THOUSAND NINE HUNDRED AND 00/100 Dollars (U.S. S 60, 900.00 Ttus debt Is evidenced by Barroweeir note dated the same date as this Sect rty lourument C'Note% which provides for moonily payments, with the full debt. Knot paid earlier, due and payable on OCTOBER 10 2038 FHA P84NMVAISA MORTGAGE- LUM Vocltraprc Masses sos44a.tasr 8196 Free 1 or 10 www.atoenragb.erm ?z 0 This SwAviry Instrument secures to Leader: (a) the repayment of the debt evidenced by the Note, with interest. and all renewals, extension and modifications of dre Note; (b) The payment of sdl otter sums, with interest; advanced under paragraph 7 to protect the security of this Security instrument; and (c) the performance ofBarrowees covenants and agreeounts under this Security instrument and the Note. Per this propose, Borrower does bereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's roccanora and assigns) and to the successors and usign of MFRS the following described property located in CUMBERLAND County, Potmrylvanic SEE L13m DESCRIPUCU ATTACHED dip AND 10M A PART HEIIMF AS EXHIBIT "A". A.P.N.: 45171044129 which has the address of 328 3RD STREET )9-1 WEST FAIRVIEW , Pennsylvania 17025 ("Property Address"): !earl (ZIP Csarl TOGETHER WITH all the Improvements now or bemtdlsr erected on the property, and all eattmcots, appurtcnanca, and fixtures now or hoteallor a part of the property. AN roplacanents and additions stall also be covered by this Security Instrument. AN of the foregoing is inferred to in this Security Instrument to the "Property." Borrower understands and agrees tat MFRS holds only legal title to the interests gamed by Borrower In this Security le strumenh but, If nccuswy to comply with law or custom, MERS (aa nominee for Leader xrd Lender's successors and snips) bathe right: to exeraise any or all of those interests, Including, but not limited to, the right to foreclose and sell the Property; end to take any action required of Lender including, but not limited to, rWusiag or canceling this security Iastrumarit BORROWER COVENANTS that Borrower Is Iawhily schod of tin csoto hereby convoyed and has the right to mortgage, grant and convey the Property and dot the Property H unencumbered, except for ane dtabrances of record. Borrower warreals and will defend genaraty the title to the Property against all claims and demands, subject to any cncumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonwnif trm covenants with limited variations by jurWctton to constitute a uniform soon* instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant sad agora ss follows. 1. Payment of Principal, Interest and Late Cierge. Borrower shall pay when due the principal of, and interest on, the debt avidcncod by tie Now and Isle obarges due under the Now 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower 04 include in each monthly payment, together with the principal and interest as set forth in the Note and any tale charges, a sum far (a) taxes and special asaeasments levied or to be levied against the Properly, (b) leasdold payments or ground rcots on the Property, and (c) premiums for insurance required under paragraph 4. In any yaw in which the Lender must pay a mortgage inrarancc premium to the Secmary of Housing and Urban Development ("Secratsry"), or In any year in FHA PeMSYLVANIA MORTGAGE- MFRS Daeasaprc Oftma we4jo.r3ar 4700 Page 2 of 10 www,dspnYYapfeeam *Y? y which such premium would have been required If Leader still hall the Security Instrument, cacti monthly payment shall elm Include either: (i) a sum for the annual mortgage insurance premium to be paid by Lander so the Secretary, or qi) a monthly charge instead ofa mortgoge insurmeo premium If this Security instrument is hold by The Secretary, in a mamnshia amount to be determined by Ike Secretary. Except 1br the monthly charge by the Secretary, these Items are called "Escrow Items" and the sums paid to Lander are @died "Escrow Fonda." Lender may, at may time, coUcct and hold amounts for Escrow Items in an segregate amount not to exceed the maximum amount that may be required for Borrowers escrow amount under the Real Estate Settlement Procedures Act of 1914, 12 U.S.C. ¢2601 ITLaq. and implementing regulations. 24 CFR Pail 3St>0, as they may be amended from time to lime ("RESPA"), except that the cushion or reeorvopmnitied by RESPA lbrunamticipeted disbursements or disbursements before the Borrower's payments we available In the account may not be based as smoama due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed die amounts permitted to be hold by RESPA, Lander shall account to Borrower for the excess furls as requred by RESPA. If the amounts of Math held by Leader at tiny time are not su iciow to pay the Escrow items when due, Lender may notify the Borrower end require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds on pledged a additional security for ad sums secured by this Security Instrument. If Borrower lenders to Ladder the full payment of all smelt sums, Borrowers account shall be credited with the balance remaining for all installment items (a), (b), and (a) and any mortgage insurance premium Installment That Lo der has act become obligated to pity to the Secretary, and Lender shall promptly refund any excess Amen to Borrower. Immediately prior to o foreclosure aide of fire Property or Its acquisition by Lender, Borrower's account shell be credited with any balance remaining for all Installments far items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Leader as follows Ell3M to the mortgage inrurinco premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary Instead of the monthly mortgage insurance premium: SECOND. to any taxes, special assessments. leasehold payments or ground rents, end Ore, flood and other hazard Insurance premiums, as required; THiRD• to interest due under the Note; FOUR i. In emwtration of tho principal of the Note: and FIRTH, to late charges due under Ike Note. 4. Fire, Flood and Other Huard Insunnea Borrower alai) Insuro all improvements on the Property, whether now in eaietunce or subsequently awed, against say beards, casualties, and o omingancles, including Are, for which Lender regalres Insurance. This Imurance shell be maintained in the amounts and for the periods that Lender requires. Borrower stall also imna o all improvements an the Property, whether now In existence or subsequently created, against toss by floods to the extent required by the Secretary. All insurance shall be carried with damposios approved by Lender, The Insurance policies and any rcmvvls dkall be hold by Lender and shall Include low payable clauses in fevar of, and In a farm mcceppbe Ia. Loader. In the event of foss, Borrower shall give Lender immediate notice by mail. Lander may make proof of loss tf nos made promptly by Borrower. Each insurance company concerned Is hereby aathar(rad and directed to make payment ibr such loss directly to Lander, instead of to Borrower and to tender jointly. All or any part of the insurance proceeds may be applied by Lander, at its optloo, either (a) to the reduction of Ike hdebtsdaass under the Note and this Security lostrumcn4 first to any delinquent amounts applied in the order In paragraph 3, and tires to prepayment of principal, at (b) to the restoration or repair of the damaged Property. Any application of the proeoeda to the principal shall not extend or postpone the due date of the monthly payments which are referred to In paragraph 2, or eKe P04NSYLVARIA MORTGAGE- MERS Docuspk errarmma sosass•usr Pace 3af tic w.7w,w.a tbonopkcarrr /?? .Y0' change the amount of sucb payments. Any excess insurance proceeds over an mumet required ro pay all outstanding indebtedness under the Note and thin Sa urity Instrument shall be paid to the entity legally eaIRW Thereto. in do event of foreclosure of this Security Instntmeot or other transfer of title to the prop" that extinguishes the rode tadneo, all tight, tide and itx4nt of Harrower in and to insurance policies to force ahsfi pass to the purchaser. S Occupancy, Preservation, Malotmance and Protection of the Property; Borrower's Loan ApplIcafion; Leaseholds. Borrower shall occupy, establish, and use The Property u Borrower's, principal residetue whhlo sixty days after Iha execution of this Security Instrument (or within a* Jaya of a later sale or transfer of the Property) and shall continuo to occupy the property a Borrowors principal residence for at IoW one year aper the date or occupancy, unless rite Leader determines that requirement will eouso undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrowe's control. Borrower shall notify Lender of any extenuating elrcemsomcce. Borrower shall not commit waste or destroy, damage or substandally change the Property or allow the Property to dcteriorslc, reasonable wear and tear exceptcd. Lender may laxpect the Property if the Properly is vacant or abandoned or tkc loon is in default. Lender may take reasonable action to prated and preserve such vacant or abandoned Property. Borrower shall also be M default if Borrower, during the loan application process, gave materially hie or inaccurate Infbnmatlon or stetcmaa to Lender (or filed to provide Lander with any material inlormatiom) is connection with the loan evidenced by the Note, isclut ing, but not iMnited to, representations concerning Barrowcea occupancy of the Property a a principal molderm If this Security Instrument is on a lcasehaK Borrower slug comply with the provisions of the lase If Borower acquires in !hie so the, Property, the leoseheld and he tide shall fan be merged unless Leader ,grow to the merger In writing. L Condrnuatlon. The proceeds of any award or claim for damages, dine or consequential, in connection with my condromadon or other tsking army pan of the Property, or for conveyance In place of condommadon, we hereby assigned and shall be paid to Lender to the extent of the fbll amount of the indebtednen that remains unpaid under the Note and This Security Instrument. Lender shall apply suck proceeds to the reduction or The hdebtedacst under the Note and this Security Instrunhenl, Rat to any delinquent amounts applied In the order provided in paragraph 3, and than to propayment orprindpal. Any application of the proceeds to the principal shall no extend or postpone The due date of the monthly payments, which am rererred to To paragraph 2, or change the amount orsuch psyments. Any excess proceeds over an amount required to pay all outstanding indebtedness under die Note and this Security instrument shall be paid to The entity legally entitled thereto. 7. Charges to Borrower and- Preleciton of Landers nights in the Property. Borrower shall pay ell goveromental or municipal charges, fines and impositions dot are as included in paragraph 2. Borrower shag pay these obligation on time directly to the anlity which Is owed the payment. If fYilwe to pay would adverroly anent Lender's Interest in the Properly, upon Lender's repuw Borrower shell promptly furnish to Lender receipts evidencing These payments. If Borrower fait to make time payments or the payments required by paragraph 2, or Nils to perform any other commute and agmanchw contained to this Security Insavmont, or theca Is a legal prooeeding ohm may signlacmdy affect Lander' a rights in the Property (such as a proceeding in bankruptcy, nor cmdannaNnn or to emforea laws or regulations), than Lender any do and pay whatever is necessary to protect The value of the Proparty and Lender's rights in the Property, including psymant of taxes, hazard insurance add other items mentioned in paragraph 2. Any amours disbursed by Lender under ibis pamgmpb shall became an additional debt of Borrower mad be secured by this Security Instrument. Than amoomns shall bar interest from the data of disbursoment at the Note rate, and at the option of Lender shall be Immediately dues and payable 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 Hen in a momer accept abe to Lender; (b) contents In good faith the lien by, or defends against erhforeemeat of the lien ins, legal proceedings which In site Lender's F11A RMSYWANIA MORTGAGE. MERS Oise Papa 4 of 10 mecatas,fe std 888400-1361 wwwwhr,hs* e:rreaarecem X opinion operate to prevent the enfbreement of the lien.. or (c) secures from the holder of the lion an agreement satisdnctory to Lender subordinating the lien to this security 1asWmont. if Lender determine that Any Part of the Property is abject to a Hen which may attain priority over this Security Instrument, Lender may give Borrower a notice Identifying the lien. Borrower shell satisfy, the lien or take one or mare of the actions tat firth above within 10 days of the giving of notice. S. Fees. Leader may collect fee and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the cue of payment defaults, require immediate payment in full of all sums secured by this Security laatsumcat it. 0) Borrower def ualts by failing in pay in (toll any monthly payment required by this Security instrumont prior to or an the due date of the scat monthly payment, at (ii) Hotrower defaults by failing, for a period of thirty days, to perform any mhcr obligations contained in this Security instrument. (b) Sate Without Credit Apprswt. Lcadershall, Ifp¢rmtned by applicable law (Including section 341(d) of the Corn-St. Germain Depository hatitutioru Act of 1982, 12 U.S.C. 1701)a(d)) and with the prior approval of the Secretary, require Immediate payment In fug of all soma aim by this Socially Instrument if. (1) AN or part of the Property, or a berieftlal interest In a trust owning n8 or parr of the Property, is sold or otherwise tram&rted (odter than by device or descoat), and tli) The Psaporty is not occupied by oho purefiuer or #tu tes as bis or her principal rosidenco, or the purchssar or grantee does to occupy the Property, but his or hor credit has not bean approved in accordance with the regairsrnenis of the Secretary. (c) No Waiver. If circumstances occur that would permit Lanier to require Immediate payment in full, but Lender does not require atop payments, Loader does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many eucuautances regulations isaned by the Secretary will thrift Lender's rights, in the case of payment defaults, to require Immediate payment in full and foreclose If not paid. This Security Instrumcm does not authorize acceleration or forocimure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security lostrunaent and the Nato are not doknalned to be adI&Ic fbr Insurance under the National Haaaing Act within 60 DAYS from the time horeo4 Lender may, at its option, require immediate payment lit fUll of all emu secured by this Security Instrument. A written statement of any authorized agent aftM Secretary dated subsequent to 60 DAYS from the data hoof, doolbdng to lours this Security Iristrunaant and the Nets, shall be dccrucelconclusive proof of such ineligibility. Notwithstanding the tbragoing, this option may not be exercised by Leader when the unavailability of Insurance is solely due to Lender's hilure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower bus a right to be rebuusted if Lender has required Immediate payment In full became otBorrewees, fhSure to pay an amount due under the Note or this Security iastrumeal. This tight applies oven after foreclosure proceedings we undiluted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all smouals required to bring Borrower's account current including, to On extent they are obHgodrina of Borrower under this Security Insirumaat, Straclosure costs and reasonable and etatomary attorneys' tea and expenses properly associated with tba foreclosure proceeding. Upon reloststamant by Borrower, this Security Instrument and the obligations that it secures shall remain In effect as if Leader had not required Immediate payment in full. However, Loader is not required to permit reinstatement 111 (1) Leader has accepted reinstatement after the commetrtaeaw of of foroalosure proceedings within two years inuradhtcly preceding the commencement of a ctureal FKAe PENNSYLVAMA MCIMAGE• MMS pays 6 of 10 OocMaalc tt9fdsase saaasasu www.doanaylaoem AX -e foreclosure proceeding, (11) reinstatement will prwlude foreclosure on diifi=at grounds in the flttura, or (i&) ralastuemem will adversely affect the priority of the lien created by this Security hunrumaat 11. Borrower Not Released; Forbearance by Lander Not a, Waiver. Extension of the time of payment or modification of smorifaNon of the suns secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shalt ant be required to commence proceedings against any successor in interest or rerun to extend time for payment or otherwise modify smartintion ofthe sums secured by this Security instrument by reason of any demand nadeby Ike migkW Borrower or Barroweersuccoseors in Interest. Any forboarance by Lender in exercising any right or remedy shall not he a waiver of or prachok: the exercise of any rigfa or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co Sigaan. The covenants cad agreements of this Security Instrument shall bind and benefit the gaccesson and assigns of Lender and Borrower, subject to the provisions of paragraph 9ft Borrower's covenants and agreemeats shall be joint and several. Any Borrower who co-signs this Septrby Instrument but does mot oeowto the Nola: (a) is to-signing this Security Instrument only to mortgage, gran and convey that Borrower's lowest in the Property *or the iermt; of this Security Instrument: (b) is not personally obligated to pay the swan seared by this Security trutrumea; cad (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 1b. Naftes. Any notice to Borrower provided for In this Security Instrtunad shell be given by delivering it or by nailing b by first close mail unless appRable law requires use of soother ma hod The ndke shall bo directed to the Property Address or any other address Borrower deaigrutes by notion to Lender. Any notice to Lender shall be given by first clue mail to Larder's address stated herein or any addrea Lender designates by NOW to Borrower. Any notlco provided for In this Security instrument shall be deemed to have been given to Borrower or Leader when given as provided In this paragraph. 14. Governing Law; SeverabBlly. This Security Inrrumcni shall be governed by federal law and the low of the jurisdiction In which the Property is located In the event shut any provision or clause of this Security instrument or" Note conaicts with applicable law, such conflict altall not affil other provisions of this Security instrument or the Note which con be given efibcr without the conflicting provision. To this end the provisions of this Security instrument end the Note are declared to be sovarsbk. 13. Barrewerh Copy. Borrower shall be given one coaformed copy of cite Note and oflhis Security Instrument. 16. Hawdeas Substances. Borrower shag aot osesc or permit the presence. rose, disposal, storage, or raken or any Hazardous Substances on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that Is in violathtn of say Environmental Law. The preceding two sadenrsa shall not apply to Ike prenuea, un, or storage an the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintaaneo of tin Property. Borrower shall promptly give Lender written notice of nay investigation, claim, dat and, lawsuit or other action by my goverremaWal or regulatory agency or private parry h avoiving the Property and any Hazardous Subsumco or Environmental Law of which Borrower feet actual knowledge. IrBorrowor hares; or is notiW by any governmental or regulatory authority, that any removal or other remediateon of any Hazardous Substances affecting the Property to necessary, narrower shall promptly take all necessary remedial actions in accordance with anviroomerttal taw. As used in this paragraph 16, "Hazardous Substances" are theme substances darned as toxic or hazardous substances by Environments! Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbalos or formaldehyde, tend radioactive materiels, As used In this paragraph 16, "Environmental Law" mew federal laws end laws of the jurisdiction where the Property Is located that rolsie to heakh, safety or environmental protection. FHA PENNMVANIA MGRTGAGE- MFRS aaeasapte orate a s aas44a-12" 11195 Pecos a of 10 www.deansyk cvm NONUNIFORM COVENANTS. Burrower and Lender further covenant and agree u follows. 17. Assignment of Reins. Borrower unconditionally mnhgns and transfers to Leader oil the scale and revenues of the Property. Borrower outborim Leader or tender's agents to collect the rents and revenues and hereby directs each taaam of the Property to pay the rents to Leader or Lender's agents. However, prior to Lender'a miles to Som weir of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall called and receive all rents and revenues orihe Property as trunke for the benefi of Lender and Borrower. This essignment of rents conetital s an absolute assignment and not an assignment for additional security only. If Leader gives miles of breach to Borrower., (a) all rents received by Borrower shall behold by Borrower u trustee roe boaeBt of (.eador only, to be applied to the sums secured by the Security Instrument:, (b) Leader shall be entitled to coilect and readva all of the rants of the Property, and (c) inch tenon of the property shall pay all rents due and unpold to Leader or Lender's ogees on Lcndoes written demand to the tenant. Borrower has not executed any prior assignment of the rents and bin not and will not pe ribrm any ad that would prevent Lender fFom exercising Its rights under this paragraph 17. Leader shell not be required to enter span, take control of or maintain she Pro" before or after giving notice of breach to Borrower. However, Lender or a judiolalty appointed receiver may do so at any thus time is a break Any application of rents shall not taste or waive any defbuh or Invalidate any other right or remedy of Lender. This assignment or rents of the Property shall tornsiv is when the debt secured by the Stco city Insttttotent is paid In full. It Foreedesure Precedent. If Leader requites immediate payment in Ikil trader paragraph 9, Lender may roreelme by JudidN procesdlaga and/or lovake any other remedies permtted by applicable low. Under shall be entitled to collect all expenses Incurred in purming the remedies provided or referred to in this paragraph 18, bteladiag, but not ibtrlled to, attorneys' fees end cosh of title evidence to the extent permitted by applicable law. If the Leader's lateral in this Security ins rumeat Is held by the Secretary, and the Secretary requires Immediate payment in fan under paragraph 9, the Secretary may Invoke tbenonjudletel power of side provided In the Slagle Family Mortgage Foreclosure Act of 1994 ("Ad'7 (12 U.S.C. 3751 111 itg.) by requesting a foredusere eammltsonar desigaaled anderlbeAetlo mromence foreclosure and to sell too Property, as provided la the AU. Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise avanable to a LaWar under Ohio paragraph 18 or eppBaable taw. 19. Release. Upon payment of all suns secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, EmWor shall discharge and swirly this Security Instrument. Borrower shall pay any reeotdetion coats. Lender may charge Borrower a fee for releasing this Security Instrument, but only if tko ice Is paid to a third party fur services renderod and the charging of the fee is permitted under applimble law. 20. Welven. Borrower, to this extent permitted by applicable law, waives and releases any error or defects in proceedings to enroree this Security Instrument, end hereby waives do benefit of any present or Uwe laws providing for may of sexamon, extension of time, exemption from attachment, levy and sale, and banes cad exemption. 21. 1lelarhsteatent Period. Rasrowe r s thrive toteiassuc provided In paragraph 10 shag extend to one how prior to the aoasnenceotett or bidding at it sheriffs sole or other solo pursuett to this Security Instrument. 22. Purchase Meaty Mortgage, tf any of the debt aceurod by this Security Instrument h lent to Borrower to acquire tide to the Property, this Security Instrument than be a purclwc money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is amoral on the Note or In an acdoo of mortgage foreclosure shall be the rate payable from time to time under the Note. FM PENNSYLVANIA MORTGAGE • MMS DoeMenre epso se aooaa.tnt 811111 Papa r of 10 www.o6amagkieom ; 14.. Riders to this Security Instrument. If one or moro riders are executed by Borrowa and recorded together with this Security Instrument, the covenants of each such rider shalt be incorporated into and shell amend and supplement the covenants and agreements of this Security instrument as itthe rider(s) were a part of this Security instrument. [Chick applicable box(es)]. ? Condominium Rider [] Planned Unit Development Rider ? Non-Owner Occupancy Rider ? Graduated Payment Rider ? Growing Equity Rider ? Adjustable Rota Rider ? Rehab0dution Loan Rider ? Other [Specify] BY SIGNING BELOW. Borrower accepts and agrees to the terms conuiued In pages I through 10 of drier Security Instrument and in any rider(s) executed by Borrower and recorded with it. ;K A"=,:4 f (Sell) MARLIN L. :EL -Borrower Bo rower -Borrower Wimesr. -Borro?wan (SCSI) -Borrower (Scat) -Borrower Witness: 61901 PEN1JSYLVAWMOMAGE • MM awmagreHRortas sar•610.lisa Page a of 10 www.doattap/ecom leper Below Thla Une Por Acknowledomentl State of lLVJ1IJ2A County or ?? .? On this the day of -- before me ??? y v \+ the undenigned officer, personally appeared MMIN L. ERGEL knmm to me (or satisfactorily proven) to be tits parson{a) whose touric(a) is/are subscribed W the within instrument and acknowledged that hd$Wtbey asacatod the ume for the purposes tberein contained. In wittteaa whereof, I hereunto set my hand and official seals. n &k" Signature printed Name (Sal) Titic of Officer` My commission aspires: d6a O vid ei V NOTARIAL BrX :ACK .•VALENTIN, Notary Public pardon Iwo.. Dauphin C ounty w(nion Esplm June 26, 2010 wwfada an tiahtias FHA PENNSYLVANIA MORTGAGE- MERE Docuawc fFsOOtta0 us•Nr•taar Me Papa a of 1e .vww.goeenaps:eom *.'-ze V Cerflftca(e of BrAideM of Morieatee The undersigned hereby ccrtifhs that 0) betsbo is the Mortgagee or the duty authorized attorney or agent of the Mortgagee named in the within instrument; and (H) Mortgagee's precise residence is: 3300 S. W. 34th Avenue, Suite 101, Ocala, FL 24474, P. 0. Box 2026, Flint, Michigan 48501-2026 Witness my hand this 11 day of N 911l 2(& V 8?re of Morrgape or Martpgee's Daly Aadmrlmd Attorney or Agent \.& y _ \? \o"\, TypeorPrhntNemeofMfttgmerMortpp esDulyAuaharimdAmmeyorAgea4 cOM iNW JLLTI OF PE N YWA n NOTARIAL SEAL JACK V. VALENTIN. Notary Pub0c Lower potion Twp., Dauphin County My Cormissies Doha Jame 26, 2010 MwnWr, PsemyhMs Assedaffan of Melvin ales gaga 10 of 10 w,w?wJabcros, Sehedgte C Lepl Description ALL that certain tract or parcel of had, situate in the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wIU Now East Penasboro Twp. BEGINNING on the west side of Third Street at corner of Lot No. 31; thence southwardly along said street thirty (30) feet to property now or late of Samuel Rlucard; thence westwordly by said property, being lot No. 33 on said plot, one hundred twenty (120) feet, more or leas, crossing the run to laad now or late of Henry R. May; thence northwardly by said land saw or late of Henry R. May thirty (30) feet to Lot 31; thence eastwardiy by the Une of Lot 31 on sold plot one hundred thirty (130) feet to the place of BEGINNING. BEING Lot No. 32 in Martin's Addition to the Borough of West Fairview. HAVING THEREON ERECTED a two and-one-balf (2112) story frame dwelling, known and numbered as No. 328 Third Street, West Fairview, PA. BEING Parcel No. 45-11-1044-129 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200833916 Recorded On 1011412008 At 10:40:26 AM • Total Pages -12 + Instrument Type - MORTGAGE Invoice Number-38507 User Ill - Air + Mortgagor - ENGEL, MARLIN L • Mortgagee- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC • Customer - KEYSTONE LAND SETTLEMENT * FEES STATE WRIT TAX $O.SD STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FzzS - $25.50 P.>ED8 RECORDER OF 0 PARCEL CERTIFICATION $10.00 FEES ArropDABLE ROUSING $11.50 Comm ARCHIVES r9a $2.00 Certification Page DO NOT DETACH This page is now part of this legal document. ROD ARCHIVES FEE $3_00 TOTAL PAID $62.50 I Certify this to be recorded in Cumberland County PA RECORDER ODDS Intera,atba demoted by an aderek may cheap during the verl0ation process sad may not be rdketed on tMc pege. II00I?1IAQi11 ?IIIIII?I?tIi??IIII? Chase Home Finance LLC (FL5-7734) PO Box 44090 Jacksonville, FL 32231-4090 June 08, 2010 Marlin L. Engel 328 3rd Street West Fairview, PA 17025 CHASE ! i Your house is your home. We want to keep it that way. We need to talk--call (800) 848-9380 today. You're going through tough times--we can help. In fact, we believe your home loan may be eligible for a loan modification program--we may be able to change the term of your loan, the interest rate, and maybe even the principal due date, to reduce the monthly payment to an amount you can afford. Call us today at (800) 848-9380 so we can help you turn things around. We'll discuss your current situation (outlined in the enclosed letter) and the options available to you. But we cannot stress enough that the longer you delay calling us--the fewer chances you may have to keep your home. It will only take a few minutes on the phone--one of our Loan Specialists will work with you to determine the option that best fits your needs. There are several options available--call us now and let's see which one will work best for you. We are committed to working with you to find a way to help you keep your home, but you must call us immediately at (800) 848-9380--the longer you delay the fewer options you may have. Collections Department Chase Home Finance LLC (800) 848-9380 (800) 582-0542 TDD / Text Telephone P.S. The enclosed legal letter outlines, in detail, your current situation and the consequences that will occur unless we receive the required financial information from you and can approve you for a modification. Once you call us with the information needed, then we can work together to determine the option that will work best for you. We cannot guarantee that you will be approved, but your only chance of saving your home is by contacting us immediately. Please don't delay--call us now at (800) 848-9380 FCL MTM Chase Home Finance LLC (OH4-7356) 3415 Vision Drive Columbus, OH 43219-6009 6/8/2010 Marlin L. Engel 328 3rd Street West Fairview, PA 17025 Acceleration Warning (Notice of Intent to Foreclose) Account: 1771411033 Property Address: 328 3rd Street West Fairview, PA 17025-0000 (the "Property") Original Lender: Allied Mortgage Group, INC. Dear Marlin L. Engel: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at (800) 342-2397. (Persons with impaired hearing may call [7171780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S) PROPERTY ADDRESS: LOAN ACCT. NUMBER: CURRENT LENDERISERVICER: Martin L. Engel 328 3rd Street West Fairview, PA 17025-0000 1771411033 Chase Home Finance LLC HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' 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 REASONABLE PROSPECTS OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three [3] days for mailing). During that time, you must arrange and attend a "face-to-face" meeting with one of the Consumer Credit Counseling Agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW-TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated Consumer Credit Counseling Agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowners' 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the Pennsylvania Housing Finance Agency and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE POSTMARK DATE OF THI; )TICE AND FILE AN APPLICATION WT 'HE PENNSYLVANIA HOUSING FINANCE AGENCY WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the 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 INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The Mortgage debt held by the above lender on your property located at: 328 3rd St, West Fairview, PA, 17025-0000, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS starting 9/l/2009 through 6/8/2010, and the following amounts are now past due. If you have any questions about the amounts below, please contact us as soon as possible at (800) 848-9380. Total Monthly Payments Past Due: $5,746.22 Late Charges: $181.35 Other Fees: $28.00 TOTAL AMOUNT DUE TO CURE DEFAULT $5,955.57 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,955.57 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)-DAY PERIOD. Accounts not including an escrow monthly deposit may not reflect the entire escrow amount advanced and due on the loan. Payments must be made in the form of cash, cashier's check, money order, or certified check and sent to: Regular Mail: Chase Home Finance LLC PO BOX 78420 Phoenix, AZ 85062-8420 Overnight Mail: Chase Home Finance LLC Attention PO BOX 78420 1820 East Sky Harbor Circle South Phoenix, AZ 85034-9700 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney 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 fees actually incurred by the lender even if they exceed $50.00. Any attorney fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30)-DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30)-DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriffs sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the sheriffs sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a sheriffs sale of the mortgaged property could be held would be approximately five to six (5-6) months from the date of this Notice. A notice of the actual date of the sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: E-Mail Address: Chase Home Finance LLC Mail Code 0114-7356 3415 Vision Drive Columbus, OH 43219-6009 (800) 848-9380 (614) 422-7912 Justin Powell-Wilburn Justin.I.Powell-Wilburrr@chase.com 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 might be eligible to 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 fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility, you must contact our office to verify the assumability of your property. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NC USTENCE OF A DEFAULT IN ANY FO; LOSURE PROCEEDING OR AN r OTHER LAWSUIT INSTITUTED UNDER i HE 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. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 848-9380 to discuss your options. The longer you delay the fewer options you may have. Chase Home Finance LLC is attempting to collect a debt, and any information obtained will be used for that purpose. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Sincerely, Collections Department Chase Home Finance LLC (800) 848-9380 (800) 582-0542 TDD / Text Telephone Enclosures 1. HEMAP Consumer Credit Counseling Agencies 2. Homeowner's Assistance Brochure CERTIFIED MAIL: Return Receipt Requested and First Class Mail BR860-1 1 HUD COUNSELING AGENCIES - PENNSYLVANIA AGENCIES PHONE ADDRESS CITY ZIP CODE CCCS of Western PA 888-511-2227 524 Franklin Avenue Aliquippa 15001 Housing Opportunities of Beaver Count 724-728-7511 320 College Avenue Unit 1 Beaver 15009 Housing Opportunities of Beaver County, Inc. 724-728-7511 282 East End Avenue Beaver 15010 Mon Valle Initiative 412-464-4000 303-305 E 8th Avenue Homestead 15120 CCCS of Western PA 888-511-2227 2403 Sidney Street River Park Commons Pittsburgh 15203 -Action-Housing Inc. 412-281-2102 425 6th Avenue -Suite 950 Pittsburgh 15219 Neighborworks Western PA, formerly -Neighborhood Housing Services, Inc. 412-281-9773 710 5th Avenue -Suite 1000 Pittsburgh 15219 PA Housing Finance Agency 412-429-2842 2275 Swallow Hill Road Bid 200 Pittsbur h 15220 Three Rivers Center for Independent Living 412-371-7700 900 Rebecca Avenue Pittsbur h 15221 Fair Housing Partnership of Greater Pitt sbur h Inc. 412-391-2535 2840 Liberty Avenue - Suite 205 Pittsburgh 15222 Urban League of Greater Pittsburgh 412-227-4163 610 Wood Street Pittsburgh 15222 Garfield Jubilee Associates 412-665-5200 5138 Penn Avenue Pittsburgh 15224 Nazareth Housing Services 412-931-6996 301 Bellevue Road Pittsburgh 15229 CCCS of Western PA 888-511.2227 41 E Chestnut Street Washington 15301 -Community Action Southwest 724-255-9550 150 W Beau StreetSuite 304 Washington 15301 Southwestern PA Legal Services, Inc 800-846-0871 10 W Cherry Avenue (Central Office Washington 15301 Southwestern PALegal Services, Inc. 800-846-0871 63 S Washington Street Waynesburg 15370 -Fayette Count Community Action Agency 724-437-6050 140 N Beeson Avenue Uniontown 15401 Southwestern PA Legal Services, Inc 800-846-0871 132 E Catherine Street Somerset 15501 CCCS of Western PA 888-511-2227 1 North ate Square Greensburg 15601 Westmoreland Community Action 724-834-1260 226 S Maple Avenue Greensbur 15601 Indiana County Community Action Program, Inc. 724-465-2657 827 Water Street P.O. Box 187 Indiana 15701 The NORCAM Group 814-948-444 4200 Crawford Avenue Suite 200 Northern Cambria 15714 Northern Tier Community Action Co ratio 814-486-1161 135 W 4th Street Emporium 15834 CCCS of Western PA 888-511-2227 112 Hollywood Drive - Suite 101 Butler 16001 Housing Authority of Butler County 724-287-6797 114 Wood Drive Butler 16001 Lawrence Count Social Services, inc. 724-658-7258 241 W Grant Street P.O. Box 189 New Castle 16103 Shenan o Valle Urban League 724-981-5310 601 Indiana Avenue Farrell 16121 CCCS of the Midwest 800-355-2227 734 Stambau h Avenue Sharon 16146 Community Action Partnership of Mercer Count 724-342-6222 75 S Dock Street Sharon 16146 Ar strong County Community Action 724-548-3405 124 Armsdale Road - Suite 211 Kittanning 16201 CCCS of Western PA 888-511-2227 312 Chestnut Street - Suite 227 Meadville 16335 Center for Family Services Inc. 814-337-8450 213 W Center Street Meadville 16335 Warren Forest Counties EOC 814-726-2400 1209 Pennsylvania Avenue W P.O. Box 547 Warren 16365 Greater Erie Community Action Agency 814-459-4581 18 W 9th Street Erie 16501 Booker T. Washington 814-453-5744 1720 Holland Street Erie 16503 Saint Martin Center, Inc. 814-452-6113 1701 Parade Street Erie 16503 Voices for Independence 814-874-0064 1107 Payne Avenue Erie 16503 Ba ront Nato, Inc. 814-459-2761 312 Chestnut Street Erie 16507 CCCS of Western PA 888-511-2227 4402 Peach Street Erie 16509 Blair County Community Action Agency 814-946-3651 2100 6th Avenue - Suite 102 P.O. Box 1833 Altoona 16602 CCCS of Western PA 888-511-2227 917 A Logan Boulevard Ro al/Remax Plaza Altoona 16602 CCCS of Northeastern PA 814-238-3668 202 W Hamilton Avenue State College 16801 The Trehab Center of Northeastern PA 570-724-5252 144 E East Avenue Wellsboro 16901 Pennsylvania Housing Finance Agency 717-780-3907 211 N Front Street Harrisburg 17101 CCCS of Western PA 888-511-2227 2000 Lin lestown Road Harrisburg 17110 Fair Housing Council of the Capital Region, Inc. 717-238-9540 2100 N 6th Street Harrisburg 17110 Loveshi , Inc. 717-232-2207 2320 N 5th Street Harrisburg 17110 PHFA 717-780-3940 211 N Front Street Harrisbur 17110 Maranatha 717-762-3285 43 Philadelphia Avenue Waynesboro 17268 CCCS of Western PA 888-511-2227 55 Clover Hill Road Dallastown 17313 Adams Count Interfaith Housing Authority 717-334-1518 40 E High Street Gettysburg 17325 American Red Cross - Hanover Chapter 717-637-3768 529 Carlisle Street Hanover 17331 Housing Alliance of York 717-854-1541 35 S Duke Street York 17401 Opportunity, Inc. 717-424-3645 301 E Market Street York 17403 SACA Development Corp. 717-399-4292 453 S Lime Street Suite B Lancaster 17602 Base, Inc. 717-392-5467 447 S Prince Street Lancaster 17603 Tabor Community Services Inc. 717-397-5182 308 E Kin Street Lancaster 17608 CCCS of Northeastern PA 570-323-6627 201 Basin Street -Suite 600 Williamsport 17701 Lyc Clinton Counties Commission for Community Action 570-326-0587 2138 Lincoln Street P.O. Box 3568 Williamsport 17703 CCCS of Northeastern PA 800-922-9537 217 S Center Street Sunbury 17801 CCCS of Northeastern PA 800-922-9537 702 Sawmill Road Bloomsbur 17815 -Schuylkill Community Action 570-622-1995 225 N Centre Street Pottsville 17901 Community Action Committee of Lehigh Valle Inc. . 691-5620 1337E 5th Street Bethlehem 18015 -El Shaddai Bethlehem Ministries 610-625-3500 529 E Broad Street Bethlehem 18018 CCCS of Lehi h Valley, A Division of MMI 800-220-2733 306 Spring Garden Street Easton 18042 CCCS of Lehigh Valley, A Division of MMI 800-220-2733 3671 Crescent Court E Whitehall 18052 Alliance for Building Communities 610-439-7007 830 Hamilton Mall Allentown 18101 Neighborhood Housing Services of the Lehigh Valle 610-437-4571 239 N 10th Street Allentown 18102 Catholic Charities Diocese of Allentown 610-435-1541 530 Union Boulevard Allentown 18109 CCCS of Northeastern PA 800-922-9537 81 S Church Street Hazleton 18201 -Opportunity, Inc. 570-236-7642 West End Plaza Unit No. 10 Brodheadsville 18322 CCCS of Northeastern PA 570-420-8980 411 Main Street - Suite 102 Stroudsburg 18360 CCCS of Northeastern PA 800-922-9537 232 Sunrise Avenue Route 191 Honesdale 18431 The Trehab Center of Northeastern PA 570-253-8941 1225 Main Street Honesdale 18431 Catholic Social Services 570-558-3019 Saint Catherine Manor 5 Knox Road Scranton 18505 Catholic Social Services, Diocese of Scranton 570-207-2283 516 Fig Street Scranton 18505 United Neighborhood Centers of Northeastern PA 570-346-0759 425 Alder Street Scranton 18505 Neighborhood Housing Services of Lackawanna Count 570-558-2490 709 E Market Street Scranton 18509 Opportunity, Inc. 570-236-7642 Aharts Plaza/Key Real Estate Route 115 & 940 Blakeslee 18610 The Trehab Center of Northeastern PA 570-928-9667 German Street P.O. Box 389 Dushore 18614 American Credit Counseling Institute 888-468-8847 212 Berwick-Hazelton Highway Nesco eck 18635 CCCS of Northeastern PA 570-602-2227 401 Laurel Street Pittston 18640 The Trehab Center of Northeastern PA 570-836-6840 115 SR 92S Tunkhannock 18657 CCCS of Northeastern PA 570-821-0837 77 E Market Street, 7th Floor Wilkes Barre 18701 Commission on Economic Opportunity of Luzerne Count 570-826-0510 165 Amber Lane P.O. Box 1127 Wilkes Barre 18703 The Trehab Center of Northeastern PA 570-278-5227 10 Public Avenue Montrose 18801 The Trehab Center of Northeastern PA 570-888-0412 703 S Elmer Avenue Suite M.6 Sayre 18840 Bucks County Housing Group 215-598-3566 2324 2nd Street Pike - Suite 17 Wrihtstown 18940 CCCS of Lehigh Valley, A Division of MMI 800-220-2733 127 S 5th Street Quakertown 18951 Credit Counseling Center 215-396-1880 832 2nd Street Pike 18954 American Credit Counseling Institute 215-444-9429 530 W Street Road - Suite 201 Warminster 18974 -Opportunity, Inc. 610-660-6687 Two Bala Plaza Suite 300 Philadelphia 19004 CCCS of the Delaware Valle 215-563-5665 1230 New Rogers Road - Suite F1 Bristol 19007 American Red Cross of Chester 610-874-1484 1729E emont Avenue Chester 19013 CCCS of the Delaware Valle 215-566-5335 130 E 7th Street Chester 19013 American Financial Counseling Services 267-228-7903 871 N Easton Road Glenside 19038 CCCS of the Delaware Valle y 800-989-2227 261 Old York Road Pavilion Suite 401 Jenkintown 19046 CCCS of the Delaware Valley 215-563-5665 280 N Providence Road Media 19063 Media Fellowship House 610-565-0434 302 S Jackson Media 19063 CCCS of the Delaware Valle 215-566-5335 240 N Bishop Street Springfield 19064 American Credit Alliance 215-295-7195 2 S Deimorr Avenue Morrisville 19067 Advocates for Financial Independence 215-389-2810 202 E Hinkle Avenue Ridley Park 19078 American Credit Counseling Institute 610-971-2210 175 Strafford Avenue - Suite 1 Wayne 19087 Housing Association of Delaware Valle 215-545-6010 1500 Walnut Street Suite 601 Philadelphia 19102 -Unemployment Information Center 215-557-0822 112 N Broad Street 11th Floor Philadelphia 19102 CCCS of the Delaware Valle 215-563-5665 1608 Walnut Street 10th Floor Philadelphia 19103 PA Council For Community Advancement 215-567-7803 100 N 17th Street Suite 600 Philadelphia 19103 Philadelphia Council for Community Advancement 215-567-7803 1617 JFK Boulevard - Suite 1550 Philadelphia 19103 Urban League of PA 215-985-3220 1818 Market Street 20th Floor Philadelphia 19103 Intercultural Family Services, Inc. 215-386-1298 4225 Chestnut Street Philadelphia 19104 The Partnership CDC 215-662-1612 4027 Market Street Philadelphia 19104 Liberty Resources 215-634-2000 714 Market Street Suite 100 Philadelphia 19106 CCCS of the Delaware Valle 215-563-5665 901 A Wood Street Philadelphia 19107 Philadelphia NHS 215-988-9879 121 N Broad Street #502 Philadelphia 19107 Urban League of PA 215-985-3220 121 S Broad Street 9th Floor Philadelphia 19107 American Financial Counseling Services 267-228-7903 1917 Welsh Road Philadelphia 19115 Mt. Airy, USA 215-844-6021 6703 Germantown Avenue - Suite 200 Philadelphia 19119 Korean Community Development Services Center 215-276-8830 6053-55 N 51" Street Philadelphia 19120 APM Association De Puertorri uenos En Marcha housing Association of Delaware Valle 215-235-6788 215-235-6070 215-978-0224 2147 N 6 Street 600 W Diamond Street 1528 Walnut Street Philadelphia Philadelphia Philadelphia 19122 19122 19123 NACA Philadelphia, PA 215-531-5221 1341 N Delaware Avenue - Suite 312 Philadelphia 19125 New Kensington Community Development Corp. 2515 Frankford Avenue Philadelphia 19125 Carroll Park Community Council, inc. Hispanic Alliance for Community Advancement 215-877-1157 215-667-8932 5218 Master Street 2740 N Front Street Philadelphia Philadelphia 19131 19133 CCCS of the Delaware Valle West Oak Lane Community Development CCCS of the Delaware Valle Hispanic Association of Contractors and Enterprises 800-989-2227 215-224-0880 215-566-5335 215-426 8025 7340 Jackson Street 7300-02 O ontz Avenue 4400 N Reese Street 167 W Allegheny Avenue, Suite 200 Philadelphia Philadelphia Philadelphia Philadelphia 19136 19138 19140 19140 Nueva Es ranza 215-324-0746 4261 N 5 Street Philadel is 19140 FOB CDC 215-549-8755 1201 W Olney Avenue Philadel hia 19141 Northwest Counseling Service 215-324-7500 5001 N Broad Street Philadel is 19141 West Oak Lane 215-224-0880 6259 Limekiln Pike Philadelphia 19141 Southwest Community Development Corp. 215-729-0800 6328 Paschall Avenue Philadelphia 19142 Germantown Settlement 215-849-3104 5538 Wayne Avenue Buikfin C Philadelphia 19144 Advocates for Financial Independence Es eranza South PA H.O.M.E.S. 215-389-2810 215-336-3511 215-334-4430 1806 S Broad Street - Suite 1 B 1920 S 20 Street 1444 Point Breeze Avenue Philadelphia Philadelphia Philadelphia 19145 19145 19146 Universal Companies 215-732-6518 800 S 15 Street Philadel hia 19146 Philadelphia Senior Center 215-546-5879 509 S Broad Street Philadelphia 19147 United Communities Southeast PA 215-467-8700 2029 S '8 Street Philadelphia 19148 American Credit Counseling Institute 888-212-6741 229 E Chestnut Street 1 Floor Coatesville 19320 CCCS of the Delaware Valle 215-563-5665 1001 E Lincoln Highway Suite Coatesville 19320 Housing Partnership of Chester Count 610-518-1522 41 W Lancaster Avenue Downingtown 19335 Alliance for Better Housing, Inc. 610-925-1880 648 Buena Vista Drive Kennett Square 19348 American Credit Counseling Institute 888-212-6741 21 S Church Street West Chester 19380 CCCS of the Delaware Valle 800-989-2227 790 E Market Street - Suite 170 West Chester 19382 American Credit Counseling Institute 601-971-2210 526-528 Dekalb Street Norristown 19401 CCCS of the Delaware Valle 215-563-5665 113 E Main Street - 2 Floor Norristown 19401 Consumer Credit Counseling Service of Delaware 610-272-0578 190 Germantown Pike, Suite 140 Norristown 19401 Genesis Housing Corp. 610-275-4357 208 DeKalb Street P.O. Box 1170 Norristown 19401 American Financial Counseling Services 267-228-7903 405 W Germantown Pike Norristown 19403 CCCS of the Delaware Valle 800-989-2227 1777 Sent Parkway West Blue Bell 19422 American Financial Counseling Services 267-228-7903 2880 Bergey Road - Suite 4 Hatfield 19440 American Credit Counseling Institute 888-212-6741 937 N Hanover Street Pottstown 19460 CCCS of Lehigh Valley, A Division of MMI 800-220-2733 1954 E High Street Pottstown 19464 PA Interfaith Community Programs, Inc. 610-562-2288 22 Willow Road Hambur 19526 Budget Counseling Center 610-375-7866 247 N 5 Street Readin 19601 Neighborhood Housing Services of Reading, Inc. 610-372 8433 213 N 5"' Street - Suite 1030 Readin g 19601 American Financial Counseling Services 267-228-7903 906 Penn Avenue Wyomissing 19610 nev. 1 /UY FM646 -16 ,4 , I O'' Chase Home Finance LLC v. Marlin L. Engel VERIFICATION The undersigned is Kimberly A. Wallace of Chase Home Finance, LLC and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Chase Home Finance, LLC i WW A Wallace sisstant Secretarv Name: Title: Company: Chase Home Finance LLC. 10-037987 SHERIFF'S OFFICE OF CUMBERLAND COUNTY .; .. Ronny R Anderson ` 7~ - i `,~, Sheriff ~,~~tx at ;~ u+mb~rt~ ~ Jody S Smith ~ ,~ ~ ~,~, +~ Chief Deputy ~ .trx# `~`~ c:~ ~ .~ ' . ~; ' ~ .~ ; M ,y~ ' ~Olo qua ~ P~h. i :~! Richard W Stewart '" %.` ,; Solicitor of{rcE''Fr"~u~e~iFr: ~ _ i1, Chase Home Finance LLC Case Number vs. 2010-4651 Marlin L. Engel SHERIFF'S RETURN OF SERVICE 07/30/2010 05:21 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 30, 2010 at 1721 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marlin L. Engel, by making known unto Frank Steiner, adult in charge at 328 Third Street, West Fairview, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the sa e. AMANDA COBAUGH, DEPUTY 07/30/2010 05:21 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 30, 2010 at 1721 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Frank Steiner, by making known unto himself personally, current occupant at 328 Third Street, West Fairview, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. AM N A COBAU ,DEPUTY SHERIFF COST: $57.50 August 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF {c) CountySuite Shentt. Teleosoft, inc. ALED-t'°' ECE Jt ? T SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRW AUG 31 Pty 2; 29 ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUI1 ERL?k`I", C.' (DUMY KING OF PRUSSIA, PA 19406 PENNSYLVANIA TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel DEFENDANT uAvv- &x Ei D COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-4651 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $70,275.97 in favor of the Plaintiff and against the Defendant, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $60,387.07 Interest at 7% from August 1, 2009 to August 30, $4,574.10 2010(395 days @ $11.58 per diem) Late Charges $181.35 Escrow Advances $1,825.48 Property Inspection $14.00 Mortgage Insurance Premium $24.62 Title Search Fees $250.00 Attorney Fees & Costs of Foreclosure $3 019 35 TOTAL $70,275.97 BY: Leslie J. Rase, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant and damages are assessed as above in the sum of $70,275.97. Pro. Prothy. 10-037987 a t' 35=3'73 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF VS Marlin L. Engel 328 3rd Street West Fairview, PA 17025 DEFENDANT STATE OF: Ottic COUNTY OF: Franklin COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendant's last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Chase Ho Fi an e, LC By: NAME: mberly A. Wallace TITLE: Assistant Secretaryti Sworn to and subscribed before me this n ?_ day of '-A t?-.2010. Notary Public 10-037987 Paula K. Barz OWN Paula K Buz Notary Puft 5;adOhb bAy Commissbn lxpket4??'1?011 "NII! H 1111\\\\\``\\ . SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I. D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Marlin L. Engel DEFENDANT NO: 10-4651 CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, August 20, 2010 to the following Defendants: Marlin L. Engel, 328 3rd Street, West Fairview, PA 17025 Tiffany Donnell, Lega ssistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC ; PLAINTIFF VS. ' Marlin L. Engel ; DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-4651 NOTICE OF INTENTION TO TAKE DEFAULT UNDER P'a.R.C.P. 237.1 IMPORTANT NOTICE TO: Marlin L. Engel DATE OF NOTICE: August 20, 2010 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3 NOTIFICACION INN OR` ANTI Usted se encuentra en estado do rebeldia por no lzaber tornado lit a+ cion re quirida do su parte en este case. Al no tomar la accion debida dentro de tin terming de diet (10) Bias de lac Tech a de esta notificacion el tribuna podra, sin necesidad des compararecer usted in carte o escuchar preuba alguna, dietar sentencia en su contra. Usted pue:de perdcr bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado inunediatamente. Si usted no tiene abogado o si no tiene d'tncro suficiente para tal servicio, vaya en persona o Ilame por telefono a la oficina cuya direction se encuentra escrita abajo Para averiguar donde se puede conseguir assitencia legal Cumberland County Lawyer Re#erral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 111::12SONS TO WHOM RULE 237.1 NOTICE SENT TO: Marlin L. Engel, 328 3rd Street, West Fairview, Pty 17€ 25 Shapiro & DeNardo LC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-4651 CERTIFICATE OF SERVICE I, Leslie J. Rase, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Marlin L. Engel, 328 3rd Street, West Fairview, PA 17025 Date Mailed: SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-4651 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Chase Home Finance LLC c/o CHE - Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 and that the last known address of the judgment debtor (Defendant) is: Marlin L. Engel 328 3rd Street West Fairview, PA 17025 SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff 10-037987 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Marlin L. Engel 328 3rd Street West Fairview, PA 17025 Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-4651 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. T?>LLYid D. Bmi I Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LESLIE J. RASE, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: () Confessed Judgment O Other File No. 10-4651 Amount Due $70,275.97 Interest August 31 2010 2010 is $1,347.80 Atty's Comm Costs G w N n nl The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: Z Ld-1 0 Signature: _'5e5?? 0 Print Name: es e J. Rase, Esquire $m.oo PC Am,/ Address: 3600 Horizon Drive, Suite 150 s f;_00 cam King of Prussia, PA 19406 y D Attorney for: Plaintiff Supreme Court ID # PA Bar # 58365 9 5.7, 56-'b ' , t y 0, 0 6 Fey f.1-166 Du-e- & C,# 35a373 sv ,? PL Pt 11475g5 U s , RM-OM- CE ()F 1.14F pp, 10 AUG 31 PM 2: 30 (JMEER a'OUN7Y PENNSYLVANIA Chase Home Finance LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Marlin L. Engel DEFENDANT NO: 10-4651 AFFIDAVIT PURSUANT TO RULE 3129.1 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 328 3rd Street, West Fairview, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s) Marlin L. Engel 328 3rd Street West Fairview, PA 17025 2. Name and address of Defendant in the judgment: Marlin L. Engel 328 3rd Street West Fairview, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC c/o CHE - Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 4. Name and address of the last recorded holder of every mortgage of record: Chase Home Finance LLC, Plaintiff c/o CHE - Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 328 3rd Street West Fairview, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. SHAPIRO & DeNA BY: Leslie J. Rase, Esquire 10-037987 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 1 1UD-O' FACE OF T1 ',7AW 10 AUG 31 PH 2: 30 PENNSYLV*M Chase Home Finance LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Marlin L. Engel DEFENDANT NO: 10-4651 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marlin L. Engel 328 3rd Street West Fairview, PA 17025 Your house (real estate) at: 328 3rd Street, West Fairview, PA 17025 45-17-1044-129 is scheduled to be sold at Sheriff s Sale on December 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:OOAM to enforce the court judgment of $70,275.97 obtained by Chase Home Finance LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Chase Home Finance LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. .! 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037987 .f ALL that certain tract or parcel of land, situate in the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Now East Pennsboro Twp. BEGINNING on the west side of Third Street at corner of Lot No. 31; thence southwardly along said street thirty (30) feet to property now or late of Samuel Rincard; thence westwardly by said property, being Lot No. 33 on said plot, one hundred twenty (120) feet, more or less, crossing the run to land now or late of Henry R. May; thence northwardly by said land now or late of Henry R. May thirty (30) feet to Lot 31; thence eastwardly by the line of Lot 31 on said plot one hundred thirty (130) feet to the place of beginning. BEING Lot No. 32 in Martin's Addition to the Borough of West Fairview. HAVING thereon erected a two one-half (2 %2) story frame dwelling, known and numbered as No. 328 Third Street, West Fairview, PA. PARCEL No. 45-17-1044-129 BEING the same premises which Richard S. Magaro, Executor of the Estate of Doris L. Miller, deceased, by Deed dated December 1, 2004 and recorded in the Cumberland County Recorder of Deeds Office on February 2, 2005 in Deed Book 267, page 1942, granted and conveyed unto Marlin L. Engel, single man. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-4651 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC Plaintiff (s) From MARLIN L. ENGEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$70,275.97 L.L.$.50 Interest AUGUST 31,2010 TO DECEMBER 8, 2010 IS $1,347.80 Atty's Comm % Due Prothy $2.00 Atty Paid $190.00 Plaintiff Paid Other Costs Date: August 31, 2010 (Seal) 34 ? / Da ' Bue roth otary By: Deputy REQUESTING PARTY: Name LESLIE J. RASE, ESQUIRE Address: SHAPIRO & DENARDO, LLC, 3600 HORIZON DRIVE, SUITE 150, KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 58365 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel DEFENDANT FILED-OFFICE OF THE PROTHONOTARY 2010 BEC -1 AM 10: 37 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-4651 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Chase Home Finance LLC, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on September 24, 2010, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: Meghan Williams Legal Assistant 10-037987 r -I O v O) CT ? w N C a, X 0Zi A E d00 <o O "O, N CL z ? 0 0) O in p M r ?v i o ?O D 2 oN. 3 3 ? ? J H e5 a ,? 00 b y ? D a ?oa Q n (p 2 O a rn m 3 ac3 v U y O M A N y y cc GNN . ?W? (gi(pp 3 o c n 0[1000 N `? W p er >xa C) 0 U o o p <D (p a A N m C ?l 3 ( . O E , M y a CD 0 N ;2. N o n - ? ???? m o '• `?' co m co_ 70 70 O w Q, N 3(o a % n n v o ? 0 O C y d O A m d s? a cp UJ( (C?JpI ??C 0 H-2-0 (D a m 35 ? • m nx a• m ` b 1 m a N (D d a n CO) 3 o UN1r?C 7 ? ? a ID -n t9 De livery Con firmation p 0-00 Signature Confirma tion ° NN m q N pecia n mg mo o 8 m 1 T N M w v V T M Q C N N O N d m O 'Sp 9? SHERiFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson k.l Sheriff Jody S Smith i t t_ c Chief Deputy Richard W Stewart C. U il .s l , L A ' D Solicitor Chase Home Finance LLC Case Number vs. Marlin L. Engel 2010-4651 SHERIFF'S RETURN OF SERVICE 10/08/2010 02:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1445 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Marlin L. Engel, located at, 328 3rd Street, West Fairview, Cumberland Cou ty, Pennsylvania according to law. 10/11/2010 08:16 PM - Amanda Cobaugh, puty Sheriff, who being duly sworn according to law, states that on 10-11-10 at 2016 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon t e within named defendant, to wit: Marlin L. Engel, by making known unto Marlin L. Engel, personally, at, 328 Third Street, West Fairview, Cumberland County, Pennsylvania its contents and at the same time h nding to him personally the said true and correct copy of the same. 12/06/2010 As directed by Leslie J Rase, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 02/28/2011 Ronny R Anderson, Sheriff, bein duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Atto ney on 2/28/11. SHERIFF COST: $719.92 SO ANSWERS, February 28, 2011 RON R ANDERSON, SHERIFF ..5-V &?- ' A'$ SSG 333 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406, TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Marlin L. Engel DEFENDANT NO: 10-4651 AFFID. VIT PURSUANT TO RULE 3129.1 Chase Home Finance LL C, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 328 3rd Street, West Fairview, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s) Marlin L. Engel 328 3rd Street West Fairview, PA 17025 2. Name and address of Defendant in the judgment: Marlin L. Engel 328 3rd Street West Fairview, PA 17025 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC, c/o CHE - Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 4. Name and address of the ?ast recorded holder of every mortgage of record: 4" 1 •. r Chase Home Finance LLd, Plaintiff c/o CHE - Chase Home Fi ance LLC 3415 Vision Drive Columbus, OH 43219 5. Name and address of NONE 6. Name and address of e whose interest may be Cumberland County Dor 13 North Hanover Street Carlisle, PA 17013 7. Name and address of any interest in the prc other person who has any record lien on the property: other person who has any record interest in the property and ted by the sale: Relations other person of whom the plaintiff has knowledge who has which may be affected by the sale: TENANT OR OCCUPAP 328 3rd Street West Fairview, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties o? 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNA , BY: Leslie J. Rase, Esquire 10-037987 A SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-4651 ALF. OF REAL PROPERTY 328 3rd Street, West Fairview, PA 17025 45-17-1044-129 is scheduled to be sold at Sheriff's Sale on December 8, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court Judgment of $70,275.97 obtained by Chase Home Finance LLC VS. Marlin L. Engel DEFENDANT NOTICE OI TO: Marlin L. Engel 328 3rd Street West Fairview, PA 1, Your house (real estate) against you. NOTICE OF OWNER'S RIGHTS S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Chase Home Finance LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You may be able to stop he sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop he sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of topping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE BLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. T 5. If the Sheriff s Sale is not, stopped, your property will be sold to the highest bidder. You may find out the price bi? by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through ?nly if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a d ed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a hare of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will e paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE O FICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE P. Cumb rland County Lawyer Referral Service C mberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LA FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 10-037987 ALL that certain tract or parcel o land, situate in the Borough of West Fairview, Cumberland County, Pennsylvania, more Parttcularly bounded and described as follows, to wit: Now East Pennsboro Twp. BEGINNING on the west side o said street thirty (30) feet to prol property, being Lot No. 33 on sa run to land now or late of Henry R. May thirty (30) feet to Lot 31 hundred thirty (130) feet to the r BEING Lot No. 32 in Martin's HAVING thereon erected a two No. 328 Third Street, West Fair PARCEL No. 45-17-1044-129 BEING the same premises whicl deceased, by Deed dated Deceml Deeds Office on February 2, 200 Marlin L. Engel, single man. Third Street at corner of Lot No. 31; thence southwardly along ;rty now or late of Samuel Rincard; thence westwardly by said d plot, one hundred twenty (120) feet, more or less, crossing the Z. May; thence northwardly by said land now or late of Henry thence eastwardly by the line of Lot 31 on said plot one ace of beginning. .ion to the Borough of West Fairview. -half (2 ''/2) story frame dwelling, known and numbered as , PA. Richard S. Magaro, Executor of the Estate of Doris L. Miller, ier 1, 2004 and recorded in the Cumberland County Recorder of > in Deed Book 267, page 1942, granted and conveyed unto WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N010-4651 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest an costs due CHASE HOME FINANCE LLC Plaintiff (s) From MARLIN L. ENGEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attac the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the acco it of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s not levied upon an subject to attachment is found in the possession of anyone other than a named garn shee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$70,275.97 Interest AUGUST 31,2010 TO Atty's Comm % Atty Paid $190.00 Plaintiff Paid Date: August 31, 2010 (Seal) REQUESTING PARTY: Name LESLIE J. RASE, ES Address: SHAPIRO & DEN PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 58365 L.L.$.50 8, 2010 IS $1,347.80 Due Prothy $2.00 Other Costs LLC, 3600 HORIZON DRIVE, SUITE 150, KING OF PRUSSIA, TRUE COPY FROM RECORD in Teoa=y whereof, l hm tmto set my hand 3? Of OW nnivit at C?arlble, Pa-day d On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 328 Third Street, West Fairview, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: R Estate Coordinator L PROD OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act N . 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF COUNTY OF CUMBERLAND I : Lisa Marie Coyne, Esqu State aforesaid, being duly sworn Journal, a legal periodical publisl: was established January 2, 1952, periodical for the publication of a issued weekly in the said County, exactly the same as was printed it Journal on the following dates, October LVANIA ss. re, Editor of the Cumberland Law Journal, of the County and according to law, deposes and says that the Cumberland Law ,d in the Borough of Carlisle in the County and State aforesaid, nd designated by the local courts as the official legal . legal notices, and has, since January 2, 1952, been regularly and that the printed notice or publication attached hereto is the regular editions and issues of the said Cumberland Law , and November 5, 2010 Affiant further deposes th he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or ai statements as to time, place and and that all allegations in the foregoing of publication are true. isa Marie Coyne, Flditor SWORN TO AND SUBSCRIBED before me this 5 da of November. 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-4681 Civil Chase Home Finance LLC VS. Marlin L. Engel Atty.: Leslie J. Rase ALL that certain tract or parcel of land, situate in the Borough of West Fairview, Cumberland County, Penn- sylvania, more particularly bounded and described as follows, to wit: Now East Pennsboro Twp. BEGINNING on the west side of Third Street at corner of Lot No. 31; thence southwardly along said street thirty (30) feet to property now or late of Samuel Rincard; thence west- wardly by said property, being Lot No. 33 on said plot, one hundred twenty (120) feet, more or less, crossing the run to land now or late of Henry R. May; thence northwardly by said land now or late of Henry R. May thirty (30) feet to Lot 31; thence eastwardly by the line of Lot 31 on said plot one hundred thirty (130) feet to the place of beginning. BEING Lot No. 32 in Martin's Addition to the Borough of West Fairview. HAVING thereon erected a two one-half (2 1/2) story frame dwell- ing, known and numbered as No. 328 Third Street, West Fairview, PA. PARCEL No. 45-17-1044-129. BEING the same premises which Richard S. Magaro, Executor of the Estate of Doris L. Miller, deceased, by Deed dated December 1, 2004 and recorded in the Cumberland County Recorder of Deeds Office on Febru- ary 2, 2005 in Deed Book 267, page 1942, granted and conveyed unto Marlin L. Engel, single man. 39 The Patriot-News Co. c ,.0 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patr1*0t1WX(W5 Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Markel: Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared en the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2010-41"1 CWH Term Chase Home Flri LLC Vs This ad ran on the date(s) shown below: Marlin L. Engel A": Le61le J Rase 10/15/10 ALL that certain tract or parcel of land, situate 10122/10 in the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly 10/29/10 bounded and described as follows, to wit! Now East Pennsboro Twp. BEGINNING on the west side of Third Street . . Cl, at comer of Lot No. 31; thence souproperty . • ... . along said street thirty (30) feet to property now or late of Samuel Rincard; thence westwardly by said property, being Lot No. 33 Sworn tgarrd ubscribe&ty-e5fore me this 10 day of f?ovember, 2010 A.D. on said plot, one hundred twenty (120) feet, f more or less, crossing the run to land now or / late of Henry R. May; thence northwardly by said land now or late of Henry R. May thirty (30) feet to Lot 31; thence eastwardly by the Notary Public line of Lot 31 on said plot one hundred thirty (130) feet to the place of beginning. BEING Lot No. 32 in Martin's Addition to the Borough of West Fairview. HAVING thereon erected a two one-half (2'/z) story frame dwelling, known and numbered as COMMONWEALTH OF PENNSYLVANIA No. 328 Third Street, West Fairview, PA. PARCEL No. 45-17-1044-129 Notarial Seal BEING the same premises which Richard S. Sherrie L- KlSner, Notary Publ,c Magaro, Executor of the Estate of Doris L. Lower Paxton Twp., Dauphin County Miller, deceased, by Deed dated December 1, MY Commission Expires Nov. 26, 2011 2004 and recorded in the Cumberland County Member. Pennsylvania Association of NotariT!z Recorder of Deeds office on February 2, 2005 in Deed Book 267, page 1942, granted and SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel DEFENDANT ? tli?????'fy f4 ?..•X012 APR 11 a, I1: PRNNSYLVAI UNTO. lq COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-4651 PRAECIPE TO MARK THE JUDGMENT TO THE USE OF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter to the use of "JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC" as the real party/Plaintiff in interest in this action and the holder of the Note and Mortgage. SHAPIRO & DeNARDO, LLC BY: K"?_ RIL- Leslie J. Rase, Esquire DATED: April 3, 2012 QM??9.sapd a? C k-++ 3lni?l?lo? SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Chase Home Finance LLC PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Marlin L. Engel DEFENDANT NO: 10-4651 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Mark Judgment to the Use of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC on q-10 - to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Marlin L. Engel, 328 3rd Street, West Fairview, PA 17025 SHAPIRO & DeNARDO, LLC BY. Leslie J. Rase, Esquire Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-4651 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, Plaintiff (s) From MARLIN L. ENGEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $70,275.97 L.L.: Interest SEPTEMBER 1, 2010 TO SEPTEMBER 5, 2012 IS $9,921.28 Atty's Comm: % Due Prothy: $2.25 Arty Paid: $945.42 Other Costs: Plaintiff Paid: Dare: APRIL 11, 2012 David D. B 11, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: CHRISTOPHER A. DENARDO, ESQUIRE Address: SHAPIRO & DENARDO LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 78447 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC PLAINTIFF () Confessed Judgment () Other File No. 6 ' ?y/ s ( CtV i Amount Due $70,275.97 Interest September 1, 2010 to September 5, 2012 is $9,921.28 Atty's Comm Costs I vs. 1 r- .. 1 Marlin L. Engel r DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT:" The undersigned hereby certifies that the below does not arise out of a retail install??§At safe, Wi tract, or 71 - account based on a confession of judgment, but if it does, it is based on the appropriate original Qcoce?ding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date:- O G*A <W 0 'So p d Ck d 5`7. 60 cBF 19 ?a a ?r q a. ,. 1 Y. 06 o`? l 06 loop °I . SD 9 YS. ?0 0 Signature: Print Name: Christopher A. DeNardo, Esquire Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 78447 O,-* 9?b0toY P-4 27 g ?i 2 Ulu, a P?- ;U??kd ALL that certain tract or parcel of land, situate in the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Now East Pennsboro Twp. BEGINNING on the west side of Third Street at corner of Lot No. 31; thence southwardly along said street thirty (30) feet to property now or late of Samuel Rincard; thence westwardly by said property, being Lot No. 33 on said plot, one hundred twenty (120) feet, more or less, crossing the run to land now or late of Henry R. May; thence northwardly by said land now or late of Henry R. May thirty (3 0) feet to Lot 31; thence eastwardly by the line of Lot 31 on said plot one hundred thirty (130) feet to the place of beginning. BEING Lot No. 32 in Martin's Addition to the Borough of West Fairview. HAVING thereon erected a two one-half (2'/a) story frame dwelling, known and numbered as No. 328 Third Street, West Fairview, PA. PARCEL No. 45-17-1044-129 BEING the same premises which Richard S. Magaro, Executor of the Estate of Doris L. Miller, deceased, by Deed dated December 1, 2004 and recorded in the Cumberland County Recorder of Deeds Office on February 2, 2005 in Deed Book 267, page 1942, granted and conveyed unto Marlin L. Engel, single man. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 Finance LLC CUMBERLAND COUNTY PLAINTIFF VS. NO: 10-4651 Marlin L. Engel DEFENDANT AFFIDAVIT PURSUANT TO RULE 3129.1 nub A p "UNBERLAND Coin- , PEhNSYLYA NfA; JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS as successor by merger to Chase Home CIVIL DIVISION JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 328 3rd Street, West Fairview, PA 17025. Name and address of Owner(s) or Reputed Owner(s) Marlin L. Engel 328 3rd Street West Fairview, PA 17025 2. Name and address of Defendant in the judgment: Marlin L. Engel 328 3rd Street West Fairview, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 4. Name and address of the last recorded holder of every mortgage of record: fi JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 328 3rd Street West Fairview, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: 45? Christopher A. DeNardo, Esquire 10-037987 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 MJ I? ; i I oaf°f i f i' r;JtE8ERLN?ND C 0 U N y, PENNSYLVANIA JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS as successor by merger to Chase Home CIVIL DIVISION Finance LLC CUMBERLAND COUNTY PLAINTIFF VS. NO: 10-4651 Marlin L. Engel DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marlin L. Engel 328 3rd Street West Fairview, PA 17025 Your house (real estate) at: 328 3rd Street, West Fairview, PA 17025 45-17-1044-129 is scheduled to be sold at Sheriffs Sale on September 5, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $70,275.97 obtained by JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-037987 ALL that certain tract or parcel of land, situate in the Borough of West Fairview, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: Now East Pennsboro Twp. BEGINNING on the west side of Third Street at corner of Lot No. 31; thence southwardly along said street thirty (30) feet to property now or late of Samuel Rincard; thence westwardly by said property, being Lot No. 33 on said plot, one hundred twenty (120) feet, more or less, crossing the run to land now or late of Henry R. May; thence northwardly by said land now or late of Henry R. May thirty (3 0) feet to Lot 31; thence eastwardly by the line of Lot 31 on said plot one hundred thirty (130) feet to the place of beginning. BEING Lot No. 32 in Martin's Addition to the Borough of West Fairview. HAVING thereon erected a two one-half (2 '/2) story frame dwelling, known and numbered as No. 328 Third Street, West Fairview, PA. PARCEL No. 45-17-1044-129 BEING the same premises which Richard S. Magaro, Executor of the Estate of Doris L. Miller, deceased, by Deed dated December 1, 2004 and recorded in the Cumberland County Recorder of Deeds Office on February 2, 2005 in Deed Book 267, page 1942, granted and conveyed unto Marlin L. Engel, single man. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel DEFENDANT i? ,q 11J PAR I I AM 11: I C'UMB4R LA D C0UNITY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-4651 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the Attorney of record for the Plaintiff in this Action against Real Property and further certify this Property is: X FHA - Tenant Occupied or Vacant -Commercial As a result of a Complaint in Assumpsit That the Plaintiff has complied in all respects with Section 403 of the Mortgage -Assistance Act including but not limited to: (a) Service of notice on Defendant (b) Expiration of 30 days since the service of notice (c) Defendant failure to request or appear at meeting with Mortgagee or Consumer Credit Counseling Agency (d) Defendant failure to file application with Homeowners Emergency Assistance Program. I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statement given herein. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire PA Bar # 78447 ~ 1~ ~ 235 SOUTH 13TH STREET ~t. p}{II,ApiEGpHIA, PA 15107 PiiOHIE: (215) 6~b7~00 FAX: (gt~ 98t3-01N n~r+r~wrMwna e~ AMOmY1bn Aoh.tanr Aoow ewvw. a hoax se-« JPMor+~em ChBSe Bank, Natlonal AsaociaUon,et al COWItT Court of Common Plsas aP Ps vans AAsh'1'nt L. Engel AFFIDAVIT OF lSEERMICE ~ ~ ~:~ 4,~`" --~ t~MIINlI~At.T1~l ~ M~lill~lrllr'AtNA: BiR Coerlf+ol8 9 C COtJNT11' CF P'I~LP'IIIA: RstRSrwio~ l~r~ber 10-Q3?'~87 %~ c~ ctyt- -~~''r' SER1/ICE INFORMATIC>tNl <a .,~ ~° ~'i"7 3 On Z8 dslr of Juhr. x'12 ws raoslvsd the ~~ N a Ne~tlos of S1nrN18sle ~ for service upon Marlie L Lnq+l ~ ~ -~ at 194 Joshes Blvd. Nsrr 8boa~Asld, PA 17f19e . ... Nis ... '! DMs ~~ T'im°~ ~m Ord By: r in the msnr~er dss~sd bNow. ^ PeraOnlNy © Adu9fam~r n~embvr. ~P is ^ Adult in Of residertae who rst~ssd lD !~ name andlcx relslior~ldp. ^ A~tacrspst~Cterk of piswe of nefldence k~np ^ Apertt or isa5on in charne of afiioe or usuM plsce of bus~ess ^ Older Deecr~tlon elr Peron Abe ~_ flaf~ht~~~ wel~hc 210 Race 1 ~~ sex oar _ brow hai r p ~ ~ Dab Time ~~ ^ t+Acvsd ^ Unknoam ^ No AnsWSr ^ vaunt ^ Other Th. Rr+©crsee Seraear, ~r~1.TH ~ REi~srLVAfaIA , to snit sub.adD.a dsperss and ~ 9~rt the ast tortt+ ms tats herAh al+e lse ~l ooe!~ct lp ihs best of the~tr .mhn F. ~~j,~y t~,pMc ~ ~ ~ ~ inlOYrledpe, b~rrra~tkrn and beibf. Lorry Padpn Two., pwphM+ Cownty ~~,Z014 Provsss Senrerfl~M A~cl~don of tro~Nes ~Y Law Fhrn Phorwe ($10jZTar8800 For Vll~lihrns Ssrvr~ Ds6e 8/5fZ012 Sly sPd L'IaNarcb LLC Filsd Dab 38010 Hgluxr D~'Me BuNs 15t1 8als Dsb 9VFi!2012 ICirxt of Pns~a. PA 19408 ORiQ1NAL SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037987 JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel DEFENDANT f,~ %~ -~ 3 ~w cn ~,,,. ~~ -~~_~' ~~ '=-- ~f COURT OF COMMON PLEAS °- CIVIL DIVISION CUMBERLAND COUNTY NO:10-4651 CERTIFICATION OF NOTICE T4 LIENHOLDERS PURSUANT TO PA RC.P 312'9.2 (C) (2) r'? .w; a> c c~ rn z~ <.~ --~~ ~- ;.~' i= ~~~ ;:-~ :~:a , --i ~-~, ~: -, , ~~ r, _.~ },a I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for e Plaintiff, JPMorgan Chase Bank, National Association as successor by merger to Chase Ho e Finance LLC, hereby certify that Notice of Sale was served on all persons appearing on Exh' it "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on August 3, 2012, the originals of which are attached and that each of said pers ns appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC /~~ GL~%~~- cy~~C BY: ~/ Meghan Williams Legal Assistant 10-037987 i~~ z~ ~a rLL too ~.- m ~! ~© LL .~ r ~~ ~~ ~ ~~ w~ ~ c~ ~~- ~ d~ ~ ~~ ~.~ ~i ~~~ ~~ a N p y U NOO . ~~ r• ~ d ~ i0 c> ~ ~i 1 y Q := ~d _ ~, ~ ~ ~ `~ ~U ~~g ~~~` ago „ N ~ d 0 m LL ~` a~~o ,.,, ~ '~ ~ F C O ,~ a E t c a~i ~ _ ~ .4 Z, ~ ~ C~C a~ .~ O 0 U U ~~~ m a N ~ ~ ~~~~ ~ O d'd'd'fA .~. .O ^^^~ ~ a U ~ u y ~ u ~~ ~ N .~ ~CC ~ ~ ~ C ~ ~ N O O~ ~ p~ M ~ Q W .~ .~.. U q Z o °'o a a o-o Bi Z'((((qqq~ yy o ~^ ° C ESQ y~ ~ Q y x 7 _, ~C ~ Q $j ~ '~ y U N a Q UU~~ C NN W a Gyp/ C~.~ ~ p X ^0~~^ Q ~ ~ N C f~l k"' 9~ RI CQ ~VI ~s E z-~ C ,o ~ Ll ` U U=U FM3 Rd.0.1ax ~~uu~uo~ ~a.zn~~ua~ C O ~+ C «~ N Q V .C a y C a c 'o a m o` Y H d °~ N E ~ i ~~ y ~' c~ ~ a ~ z~ C y a Q N n g~'ooa q R ~ ~ ~ c o ~. a~ eu e _ ZlAM f~.~ ~ N ~ M ~ IAA Ito ~h ICO o O a ~ a ~~ 0 ~ o r m 2 a LL a~ ~ y M ~i lL N J d W O N m° ~/ o Y ll~+ N 2 +~ O Y Y u. ~ ~ ~ `~ w ~ ~ ~ LL ~ ~~ i ~_ ~ v N gO • (q (~ ~~ D d W ~ ~ c ~ ~ ~i ~ y Q fe ~' ~ ~~ q~i .. ~ 2 ~ ~ C . S V a~~ ~~' ~~~o LL ~ d ~ a ~ S : '~ ~ w _Z y ~ U g v O ~ ~ ~ a ~ mE~ ~~~ A m i ~^~~ ~, U c .4 a ~ y _ E 3 O ~~7 ~ ~Q^ ~' UU~W ~ a e c0a.. Y 00~0~ ¢ a w ~ ~ t ~ o ~aw U ~ ,~ahi C O a+ C N a V 'C a a c "o a m 0 Y C d H~ m c U c°~ E ~ Z U n~ ~ ~ 's d u Q '° •~ a ¢ 3 ~ z ° ~~ C ~ as s a r g~2t~ac ~ o 4 ox g2 ~ ~ ~ ~~ 0 ~n~G N IM ~a ~i[f ~l0 ~h ~ap N O a ~ Q' z g N ~o d ~~1 ~ ~q M a lL a ~ a --~ t-- ,~:, +« , - -'~ ~ '~' - - SHAPIRO & DeNARDO, LLC ~a ~ -.,k ~ - BY: CHRISTOPHER A. DeNARDO, ~~ ~ ~ 3` ESQUIRE ~ -~ `~' ' ATTORNEY I.D. NO: PA Bar # 78447 ~'~,.``' c-- ~ f ~ :' SUITE 150 3600 HORIZON DRIVE 1 ~c ~' E- , KING OF PRUSSIA, PA 19406 ~~' -' •~~ '' TELEPHONE: (610)278-6800 - ~ ~' S & D FILE NO. 10-037987 JPMargan Chase Bank, National Association as successor by merger to Chase Home Finance LLC PLAINTIFF VS. Marlin L. Engel DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 10-4651 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, National Association as successor by merger to Chaise Home Finance LLC, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 328 3rd Street, West Fairview, PA 17025. Name and address of Owner(s) or Reputed Owner(s) Mazlin L. Engel 328 3rd Street West Fairview, PA 17025 2. Name and address of Defendant in the judgment: Marlin L. Engel 328 3rd Street West Fairview, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record on the real property to be sold: JPMorgan Chase Bank, National Association as successor by merger to Chafe Home Finance LLC 3415 Vision Drive Columbus, OH 43219 4. Name and address of the last recorded holder of every mortgage of record: JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: East Pennsboro Township 98 5. Enola Drive Enola, PA 17025 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 328 3rd Street West Fairview, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of personal knowledge or information and belief. I understand that false statemetts herein made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification authorities. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire 10-037987 T: r, JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC PLAINTIFF vs. Marlin L. Engel DEFENDANT 2 0 I' COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:2010-4651 ORDER AND NOW, this 2a` day of 2012, upon consideration of the Motion to Correct Legal Description and Property Address and the response thereto, if any, it is hereby: ORDERED and DECREED that the Motion is GRANTED, and the Cumberland County Sheriff's Office shall issue its Sheriff's Deed of the property sold as a result of the Writ of Execution issued in the above-captioned matter to include the corrected address of the real property located at 1328 3rd Street, West Fairview, PA 17025. BY THE COURT: J. (ep kl