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HomeMy WebLinkAbout11-1762l i : 4 ?j 1?..a McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Chase Home Finance, LLC 10790 Rancho Bernardo Road San Diego, California 92127 V. Steven A. Myers 12412 Flack Street Silver Spring, Maryland 20906 and Carmella Myers 12412 Flack Street Silver Spring, Maryland 20906 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 1 /- /-70,3t, (l 4// CIVIL ACTIONIMORTGAGE FORECLOSURE ?JS NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTEI) LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTIONIMORTGAGE FORECLOSURE Plaintiff is Chase Home Finance, LLC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Steven A. Myers, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 12412 Flack Street, Silver Spring, Maryland 20906. 3. The Defendant is Cannella Myers, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 12412 Flack Street, Silver Spring, Maryland 20906. 4. On February 28, 2006, Steven A. Myers and Cannella Myers made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as Nominee for M-Point Mortgage Services, LLC which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1943, Page 1343. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as Nominee for M-Point Mortgage Services, LLC to Chase Home Finance, LLC, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 6 James Circle, Shippensburg, Pennsylvania 17257. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due May 1, 2010 and each month thereafter are due and unpaid., and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 141,328.68 Interest through December 22, 2010 $ 6,421.12 (Plus $24.20 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 280.87 Corporate Advance $ 358.50 Escrow Advance $ 788.68 GRAND TOTAL $ 150,477.85 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. 10. Copy of Chase Homeowner's Information Packet is attached hereto and marked as Exhibit "B". WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $150,477.85, together with interest at the rate of $24.20 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CO?NWWAY,P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO„ ESQUIRE Chase Home Finance, LLC v. Steven A. Myers and Carmella Myers COMMITMENT FOR TITLE INSURANCE SCHEDULE A (continued) File No. 2010-9561 LEGAL DESCRIPTION ALL that certain tract of land, situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Northern edge of James Circle at common comer of Lot No. 6 and Lot No. 5 as shown on Subdivision Plan of Hallwood Heights West dated May 21, 1992 and recorded in Cumberland County Plan Book 65, Page 1; thence along Lot No. 6, North 41 degrees 55 minutes 06 seconds East 154.79 feet to a point; thence along lands now or formerly of Lorraine K. and Thelma N. Reddig and Richard D. and Betty Fritz, South 48 degrees 10 minutes 26 seconds East 104.40 feet to a point; thence along Lot No. 4, South 41 degrees 55 minutes 06 seconds East 154.96 feet to a point on the Northern edge of James Circle; thence along the Northern edge of James Circle, North 48 degrees 04 minutes 54 second West 104.40 feet to a point, the point and place of BEGINNING. CONTAINING 0.3716 acres, more or less. BEING known as 6 James Circle, Shippensburg, Pennsylvania 17257. Being the same property acquired by Steven A. Myers and Carmella Myers, by Deed recorded 03/14/2006, of record in Deed Book 273, Page 2696, in the Office of the Recorder of Cumberland County, Pennsylvania. bit "A" Schedule A - Page 2 of 2 File #: 2010-9561 - REO America Abstract Co. ALTA Commitment (6-17-06) - TIRBOP & STG modifications (4-1-07) ?- + e"Yw ` title guaranty company CHASE O You may save the form locally to your computer and complete at your own pace. Chase can NOT accept.electronic signatures on these documents, so it's important that you print the document and sign in all required places. Delays in the process often are a result of missing information or signatures on required forms. This packet contains the following items: Section 1. Required Documentation for Borrower and Co-Borrower Checklist - Detailed list of the documents you must send to us in addition to the packet Section 2. Financial Information Form - Provides information about your property, loans, income, etc. Section 3. Home Affordable Modification Program Hardship Affidavit - Explains the circumstances that have made it difficult for you to stay:up-to-date with your mortgage payments Section:*; 4506T-EZ Request: for Transcript of Tax Return Form - A116m Chaseto receive a transcript of your tax-return to verify income'Infarmation If you need any assistance completing this packet please contact us at 866-550-5705. Please send the completed packet as well as all required documentation to Chase: By Regular Mail: Chase Fulfillment Center P.O. Box 469030 Glendale, CO 80246 By Overnight Mail: Chase Fulfillment Center 4500 Cherry Creek Drive South Suite #100 Glendale, CO 80246 t Fax 866-282-5682 Important Information Chase Home Finance LLC Is attempting to tolled a debt, and amr 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 rejected in you credit report. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number. If you are currently a debtor In bankruptcy proceedings and subject to the protections of the automatic stay, or if you have received a final discharge In a bankruptcy, this notice Is for compliance and/or Informational purposes only and not an attempt to impose personal liability for the debt In violation of the bankruptcy laws. However, Chase Home Finance LLC still has the right under the Mortgage to foreclose on the Property. An important reminder for all our customers; As stated in the "Questions and Answers for Borrowers about the Homeowner AffordabNity and StabNlty Plan" distributed by the Obama Administration. "Borrowers should beware of any organbation that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they reqube a fee In advance." Chase offers loan modlHcation assistance free of charge (Le., no modification fee required). Please call us immediately at 866-550-5705 to discuss your options. The longer you delay the fewer options you may have. 870SH EXHIBIT CHSCVR-10-23-09-CF In order for us to evaluate your request you must complete the enclosed packet, In full, and fax or mail it to Chase with the required documentation. Borrower(s) Name: Loan Number(sj- ? Owner Occupied ? Non.-Owner Occupied SECTION 1: 'Req iired:DQCUri.e_ta0on Borrower.and Co:-.Borrower If you are a Wage Earner (you receive a W-2 from your employer) please use the following checklist: ? Two (2) most recent Pay stubs (two for each borrower) Length of service with Current Employer: Borrower Year(s)- Month(# Co-Borrower Year(s): Months}- E] Most recent one (1) month's of Complete Bank Statement (must provide all pages) ? Most recent statement(s) supporting assets listed w page 2 of the Financial Information Form (must provide all pages of statements) Most recent Tax Return Completed (signed with all pages) or most recent filed and proof of extension (signed with all pages) ? Proof of Income for other household members living In the home (Alimony, Child Support, Pension, etc) if you want such income considered for a ban workout ? Proof of arty other Income received (Alimony, Rental, Child Support, Pension, etc) ? Proof of occupancy - a recent utility bid in your name at property address ? If loan is Non-Esaowed A) Copy of the most recent property tax bib(s) with a copy of the canceled check for all applicable taxes (County, Cit)6 School, etc) B) Copy of the current Insurance declaration page for all applicable coverage types (must show premium amount for homeowner's, flood, and wind) C) Proof of payment of Homeowner's Association Fees Of applicable) ? Non-Owner Occupied (ONLY) A) Rental Income with copies of Rental Agreement B) Principal, Interest, Taxes, and huurance for Primary Residence $ C) Mortgage Holder(s) for Primary Residence D) Primary Residence Address (input below) ? Completed Financial information Form (enclosed) ? Completed Hardship Affidavit (enclosed) - completed and signed by all Borrowers (no notary required) Ccx?4506 -U - Request for Transcript of UK Return(enclosed) Be sure to sign and date this form. If you are Self Employed, please use the following checklist: ? P & L Statement / Audited or reviewed YTD.Income: Statement (must provide) ? .Most iecenf two-(2) years':Tai Rethiriis i*oinpleted.(petscriilt arrtl business; "signed yvitir all Pages) or 1099s or most recent two (2) years filed aid proof of extension ? Last four (4) months' of complete Business and Personal Bank Statements (must provide all pages. If a business account is not used, provide a written statement stating a business account Is not used.) ? Most recent statement(s) supporting assets listed on page 2 of the Financial information Form (must provide all pages. If a business account is not used, provide a written statement stating a business account is not used. ? Most recent statement(s) supporting assets listed on page 2 of the Financial Information Form (must provide all pages of statements) Length of time of Business Ownership: Borrower Year(s): Monthsr Co-Borrower Year(s):_ Month(s): ? Proof of Income for otht'r household members living in the home (Alimony, Child Support, Pension, etc) if YOU want such income considered for a loan workout ? Proof of any other Income received (Alimony, Rental, Child Support Penson, etc) ? Proof of occupancy - a recent utility bill in your name at property address ? If loan Is Non-Escrowed A) Copy of the most recent property tax bill(s) with a copy of the canceled check for all applicable taxes (County, City, School, etc.) B) Copy'of the current insurance declaration page for all applicable coverage types (must show premium amount for homeowner's, flood, and wind) C) Proof of payment of Homeowner's Association Fees (if applicable) ? Non-Owner Occupied (ONLY) A) Rental income with copies of Rental Agreement B) Principal, Interest, Taxes, and Insurance for Primary Residence $ C) Mortgage Holder(s) for Primary Residence D) Primary Residence Address (input below) ? Completed Financial Information Form (enclosed) ? Completed Hardship Affidavit (enclosed) - completed and signed by aft Borrowers (no notary required) ? Completed 4506T-EZ - Request for Transcript of Tax Return (enclosed.) Be sure to sign and date this form. Primary Address: Comments: CHSCVR-10-23-09 CHASE 0 Loan Number Financial Information Form Page 1 of 3 This iMmmation will only betaed to aid in the evakWM of ... not foramothorpurpose, Borrower Co-Borrower Name (include Jr. or Sr. if applicable) , Name (Include Jr. or Sr. If applicable) Social Security Number. Social Security Number. { j t Home Phone: Best Time to Cal Home Phone: Best Time to Call: Work Phone: Best Time to Cal: Work Phone: Best Time to Call: Other Phone: Best'l'ane to Call: Other Phone: Best Time to Call:. E-mail Address E-mail Address Permission to Contact Via E-mail? ? Yes ? No Permission to Contact Via E-mall? ? yes ? No Marital Status ? unmarried ? Married ? Separated ? Divorced Marital Status ? Unmarne ? Divorced ? Separated ? Married t? y-w- Property Address (street, city, state & zip code) Mailing Address (street, city, state & rip code) Reside at Property? Want to Retain Property? Borrower Co Borrower yois- C] No # of People. In Household: # of Dependents: # of Units at Property: Property Condition Is the Property for Sale? Good Fair Poor Yes No . . UsUng Amount: - • Real'- tor.Narme :. . Reahor Addresz Realtor Phone: Loan Account Number Months Past Due: Second Loan Account Number: Second Loan Months Past Due: Balance Are you currently working with Chase on a foreclosure Mortgage Company: prevention resolution? ? Yes ? No WFiich foreclosure resolution is already in process? ? Refinance ? Deferment ? Deecl-in-Lkw ? Modification ? Repayment Plan ? Short Sale Chase Associate Name: Chase Associate Phone Date Process Began .. : ... If you are to an active bankru . we will need to work with your a on a possible resolution Are you In Active Bankruptcy? ? Yes ? No Bankruptcy Chapter Type Bankruptcy Case Number Date of Bankruptcy Fling Bankruptcy Associate Name Bankruptcy Attorney Address Bankruptcy Attorney Phone Borrower Co-Borrower Employer Employer Employer Address Employer Address Employer Phone: How long employed? Employer Phone: How long employed? Self Employed? ? Yes ? No Self Employed? n Yes n No CHOCFIF-0509 CHASE O Borrower Name Loan Number Financial Information Form Page 2 of 3 Borrower Co-Borrower Income Source Income Source Name, Rental, etc (Employer ) Monthly Gross Income (Employer Name, Rental, etc) Monthly Gross Income Employer $ l E mp oyer S Employer S Employer $ Employer 5 Employer $ Rental Income S Rental Income $ Other $ Other $ Other S Other $ Total $ Total 5 Additional Income Description Borrower/ AUmor?w cidtd support, or War.Me_t - naintgtanoe Income need not:be revealed if Co4orrower Borrower or Co-Borrower does not dwx sA to have It considered for approval of a Monthly Amount loan workout. ;5 . S S Total $ 4?+`1.:j1x dr.`s".f'r?...?:=n% Asset Amount Owed Value Vehicle ModeVYear Amount Owed Value Home Automobile $ S Other Real Estate $ $ Automobile $ S Retirement Funds $ Automobile S S Investments $ $ Motorcycle $ $ Checking Balance $ Boat S S Savings Balance S Motor Home S Other: $ $ Airplane S S Other. S $ Other. S $ Other: $ $ Other: $ S Total S 5 Total $ $ CHOCHF-0509 CHASE Borrower Name Loan Number Financial Information Form Page 3 of 3 MA W IBM a ,a...s :ate: •.r.-%'n,'. vl Monthly Expense 'Borrower Co-Borrower Other Home Loans, Rents & Liens $ S Auto Loan(s) S $ Auto Insurance & Other Auto Expenses S $ Credit Cards & Installment Loans S S Health Insurance $ S Medical Expenses S S Child Care, Child Support & Alimony S $ Food S $ Miscellaneous Spending Money $ S Communications,(Phone, Cell Phone, Intemet) S $ Other' ..:..:_ .. . • S S- TOTAL $ S /agree that the financial informadwprovidedlstrueandaccurateasofthelotesetforthoppositemysignatureandthatanyintentionalornegligent misrepresentation of the information containedin this document mayresult in chW UabiUty, including monetary damage;, toanyperson who maysuffer any loss due torellance upon the document, and/orin cd0ftl penaltks b?dudhrg but rat limited to fine orlmprhonment orboth under the provisions of ride 78 United States Code, Sec.1001, et seq. i understand and acknowledge that anyactimi taken bythe lenderls in strict reliance on the financial information provided. Mysignature/acceptance belowgrants the holder of mymatgage or it; designee the authority to confirm the ktformation that I have disclosed in this financial statement, to verifyit as accurate by ordering a credit report, and to cbntactmyrealtorand/orce&tcou wft.swvke. eyproviding a wireless telephone number, you consent to receiving autodlaled and pre-recordedmessage calls from the lenderorits thlyd-party debt mNectorat that number. l representthat ? lam ? lam not currently occupying the propertysecuring the loan as myprkrrarynesfdeme and that! intend to continue occupying the property as my primary residence. Borrower Signature Co-Borrower Signature Date Date CHOCFIF-0509 CHASE O SECTION 3: Home Affordabte Modification Program Hardship Affidavit Borrower Name (first, middle, last): Co-Borrower Name (first, middle, last): Property Street Address: Property City, State and ZIP: Servicer. Loan Number. Date of Birth: Date of Birth: In order to qualify for 's ("Servicer") offer to enter into an agreement to modify my loan under the federal government's Home Affordable Modification Program (the "Agreement"), I/we am/are submitting this form to the Servicer and indicating by my/our checkmarks ('X") the one or more events that contribute to my/our difficulty making payments on my/our mortgage loan. Borrower Co-Borrower Yes No Yes No My income has been reduced or lost. For example: unemployment, underemployment, reduced job ? ? ? ? hours, reduced pay, or a decline in self-employed business earnings. I have provided details under "Explanation' (page 3). Yes No Yes No My household financial circumstances havichanged. For example: death in family, serious or chronic ? Q E ? illness, permanent or short-term disability, increased family responsibilities (adoption or birth of a 1d; taking tale. of elderly relatives br familymembers}. I haveprovided,detoils.Under "Explanation" (page 3). Yes No Yes No My expenses have increased. For example: monthly mortgage payment has increased or will increase, ? ? ? ? high medical and health-care costs, uninsured losses (such as those due to fires or natural disasters), unexpectedly high utility bills, increased real property taxes. I have provided details under "Explanation" (page 3). Yes No- Yes No My cash reserves are Insufficient. to maintain the payment on my mortgage loan and cover basic 11 ? ? ? living expenses at the same time. Cash reserves include assets such as cash, savings, money market funds, marketable stocks or bonds (excluding retirement accounts). Cash reserves do not include assets that serve as an emergency fund (generally equal to three times my monthly debt payments). I have provided details under "Explanation' (page 3). Yes No Yes No My monthly debt payments are excessive, and i am overextended with my creditors. I may have used ? ? ? ? credit cards, home equity loans or other credit to make my monthly mortgage payments. I have provided details under "Explanation" (page 3). Yes No Yes No There are other reasons I/we cannot make our mortgage payments. I have provided details under ? ? ? ? "Explanation" (page 3). Page 1 of 4 HIFAFF-0909 Borrower Name Loan Number Information for Government Monitoring Puames The following information is requested by the federal government in order to monitor compliance with federal statutes that prohibit discrimination in housing. You are not required to furnish this information, but are encouraged to do so. The law provides that a lender or servicer may not discriminate either on the basis of this information, or on whether you choose to furnish it. If you furnish the information, please provide both ethnicity and race. For race, you may check more than one designation. If you do not furnish ethnicity, race, or sex, the lender or servicer is required to note the information on the basis of visual observation or surname if you have made this request for a loan modification in person. If you do not wish to furnish the information, please check the box below. ? 1 do not wish to furnish this information ? I do not wish to furnish this information ? Hispanic or Latino ? Hispanic or Latino ? Not Hispanic or Latino ? Not Hispanic or Latino ? American Indian or Alaska Native ? American Indian or Alaska Native ? Asian ? Asian ? Black or African American [] Black or African American ? Native Hawaiian or Other Pacific Islander ? Native Hawaiian or Other Pacific Islander . ? wtrite ? .White ? Female. Female . • Male .. ? Bale°- .. .. .. . ? Face-to-face interview Interviewers Name Interviewer's Signature ? Mail ? Telephone ' ? Internet Interviewer s Phone Number Date Name and Address of Interviewer's Employer Borrower/Co-Borrower Acknowledgement 1. Under penalty of perjury, I/we certify that all of the information in this affidavit is truthful and the event(s) identified above has/ have contributed to my/our need to modify the terms of my/our mortgage loan. 2. I/we understand and acknowledge the Servicer may investigate the accuracy of my/our statements, may require me/us to provide supporting documentation, and that knowingly submitting false information may violate Federal law. 3. I/we understand the Servicer will pull a current credit report on all borrowers obligated on the Note. 4. I/we understand that if I/we have intentionally defaulted on my/our existing mortgage, engaged in fraud or misrepresented any fact (s) in connection with this Hardship Affidavit, or if I/we do not provide all of the required documentation, the Servicer may cancel the Agreement and may pursue foreclosure on my/our home. 5. I/we certify that my/our property is owner-occupied and I/we have not received a condemnation notice. 6. I/we certify that I/we am/are willing to commit to credit counseling if it is determined that my/our financial hardship is related to excessive debt. 7. I/we certify that I/we am/are willing to provide all requested documents and to respond to all Servicer communication in a timely manner. I/we understand that time is of the essence. Page 2 of 4 HIFAFF-0909 Borrower Name Loan Number 8. 1/we understand that the Servicer will use this information to evaluate my/our eligibility for a loan modification or other workout, . but the Servicer is not obligated to offer me/us assistance based solely on the representations in this affidavit. 9. I/we accept and agree to all terms of the Home Affordable Modification Trial Period ("Trial Period") Plan which is incorporated herein by reference as if set forth in full. 10. I/we agree that when the Servicer accepts and posts a payment during the Trial Period it will be without prejudice to, and will not be deemed a waiver of, the acceleration of my loan or foreclosure action and related activities and shall not constitute a cure of my default under my loan unless such payments are sufficient to completely cure my entire default under my loan. 11. I/we agree that any prior waiver as to payment of escrow Items in connection with my loan has been revoked. 12. I/we agree to the establishment of an escrow account and the payment of escrow items if an escrow account never existed on my loan. 13.1/we understand that Servicer will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity. I understand and consent to the disclosure of my personal information and the terms of the Trial Period Plan and Modification Agreement by Servicer to (a) the U.S. Department of the Treasury, (b) Fannie Mae and Freddie Mac in connection with their responsibilities under the Homeowner Affordability and Stability Plan; (c) any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (d) companies that perform support services for the Home Affordable Modification Program and the Second Lien Modification Program; and (e) any HUD certified housing counselor. Phone Numbers: Ceit: Home: Work Phone Numbers: Cell: Home: Work Explanation: Page 3 of 4 HIFAFF-0909 Borrower Name Loan Number Page 4 014 HIFAFF-0909 Form 450"07- EZ (Octcbw 2009) Della M" Dift Tmaq q WMW RftWm service Short Form Request for Individual Tax Return Transcript I OMB No.1545-2154 ? Request may not be processed lithe form is Incomplete or illegible. Tip: Use Form 4506T-EZ to order a 1040 series tax return transcript free of charge. 7 a Name shown on tax return. 9 a joint return, enter the name shown first lb First social security number on tax return 2a If a joint return, enter spouse's name shown on tax return 3 Current name, address (including apt, room, or suite no.), city, state, and ZIP code 2b Second social security number N joint tax return 4 Previous address shown on the last return filed if different from line 3 If the transcript is to be mailed to a third party (such as a mortgage company), enter the third partys name, address, and telephone number. The 5 IRS has no control over what the third party does with the tax information. Third party name Telephone number Chase Fulf ilinent Center I ( 866) 550-5705 Address (including apt, room, or suite no.), city, state, and ZIP code Regular Mail: P.O. Box 469030; Glendale, CO 80246 Overnight Mail: 4500 Cherry Creek Drive South, Suite 100, Glendale,'CO 80246 - 6 Year(s) requested. Enter the year(s) of the return transcript you are requesting (for example,'2008'). Most requests wOl be processed with . In., 10 busiltess days. 2008 Caution. If the transcript is being mailed to a third party, ensure that you have filled in One 6 before signing. Sign and date the form once you have filled in line 6. Completing these steps helps to protect your privacy. Note. If the IRS is unable to locate a return that matches the tawpayeridentityinformatlon proWded above, or if IRS records indicate that the return has not been filed the /RS may notifyyou or the third partythat it was unobk to locate a return, or that a return was not filed whichever is appikobie. Signature of taxpayer(s). I declare that I am either the taxpayer. whose name Is shown on line 1a or 2a. If the request applies to a joint return, either husband or wife must sign. Note. This form must be received within 60 days ofs)gnature date. Telephone number of taxpayer on line 1 a or 2a Sign ,Signature (see Instructions) I Date ( ) Here Spouse's signature Date For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 541855 Form 4506T-EZ (l o-2oo9) 4506r-eZ (10.2DO% Purpose of form. Individuals can use Form 45067-EZ to request a tax return transcript that includes most lines of the original tax return. The tax return transcript will not show payments, penalty assessments, or adjustments made to the originally, filed return. You can also designate a third party (such as a mortgage company) to receive a transcript on One 5. Form 4506T-EZ cannot be used by taxpayers who fie Form 1040 based on a fiscal tax year (that is, a tax year beginning in one calendar year and ending in the following year). Taxpayers using a fiscal tax year must file Form 4506-T, Request for Transcript of Tax Return, to request a return transcript. Use Form 4506-T to request the following. e A transcript of a business return (including estate and trust returns). e An account transcript (contains information on the financial status of the account, such as payments made on the account, penalty assessments, and adjustments made by you or the IRS after the return was filed). e A record of account, which is a combination of One item information and later adjustments to the account. e A verification of nonfiing, which is proof from the IRS that you did not fie a retum <tortlie.year. - *A Form W-2, Form 1099 series, Form 1098 series, or Form 5498 series transcript. Form 4506-T can also be used for requesting tax return transcripts. Automated transcript request. You can call 1-800-829-1040 to order a tax return transcript through the automated self-help system. You cannot have a transcript sent to a third party through the automated system. Where to file. Mail or fax Form 45067 EZ to the address below for the state you lived in when that return was filed. if you are requesting more than one transcript or other product and the chart below shows two different RAIVS teams, send your request to the team based on the address of your most recent return. Where to mail... 0 you filed an -flail or talc to the individual return "Ink qt. Revenue and lived in: Service at Alabama, Delaware, RAMS Team Florida, Georgia, P.O. Box 47-421 North Carolina, Stop 91 Rhode Island. South Doraville, GA 30362 Carolina, Virginia 770-455-2335 20-6922 Kentucky, Louisiana, RAIVS Team Mississippi, Stop 6716 AUSC Tennessee, Texas, a Austin, TX 73301 foreign country, or 512-460-2272 A.P.O. or F.P.O. address Alaska, Arizona, California, Colorado, District of Columbia, Hawaii, Idaho, Iowa, Kansas, Maine, Maryland, Massachusetts, RAIVS Team Minnesota, Montana, Stop 37106 New Hampshire, New Fresno, CA 93888 Mexico, New York, 559-456.5876 North Dakota, Oklahoma, Dregon, South Dakota, Utah, Vermord, Washington, Wisconsin, Wyoming Arkansas, RAIVSTeain =" Connecticut, Illinois, Stop 6705-B41 Indiana, Michigan, Kansas City, MO Missouri, New Jersey, 64999 Ohio, Pennsylvania, 816-292-6102 West Virginia Signature and date. Form 450ST-EZ must be signed and dated by the taxpayer listed on line 1a or 2a. If you completed line 5 requesting the information be sent to a third party, the IRS must receive Form - . 45067 EZ within 60 days of the date Signed by the taxpayer or it will be rejected. Page 2 Transcripts of jointly filed tax returns may be furnished to either spouse. only one signature is required. Sign Form 45067 EZ exactly as your name appeared on the original return. if you changed your name, also sign your current name. P tvaty Act and Paperwork Reduction Act Notiee. We ask for the information on this form to establish your right to gain access to the requested tax information under the internal Revenue Code. We need this Information to property identify the tax information and respond to your requesL Sections 6103 and 6109 require you to provide this information, including your SSN. It you do not provide this information, we may not be able to process your request Providing false or fraudulent information may subject you to penalties. Routine uses of this Information include giving it to the Department of Justice for civil and criminal litigation, and cities, states, and the District of Columbia for use In administering their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agendas to enforce federal nontax criminatlaiA?s,ortofederallaw 4forcement' and'irifelOgence agencies to combat terrorism. .You are not required to:prov(go t#ne' .. nfoifiation tequested on aform that•is-, subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103: The time needed to complete and file Form 4506'- EZ will vary depending on individual circumstances. The estimated average time Is: Learning about the law or the form, 9 min.; Preparing the form, 18 min.; and Copying, assembling, and sending the form to the IRS, 20 min. If you have comments concerning the accuracy of these time estimates or suggestions for making Form 4506T-EZ simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the form to this address. Instead, see Where to fife on this page. SHERIFF'S OFFICE OF CUMBERLAND COUNTY , , -? Ronny R Anderson .` - ' Sheriff pi a+rt t ;0 UUZI ? Jody S Smith ro 7-'F Chief Deputy c.. Richard W Stewart Solicitor r? Chase Home Finance LLC Case Number vs. 2011 -1762 Steven A. Myers (et al.) SHERIFF'S RETURN OF SERVICE 02/17/2011 09:45 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 0945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: AJ Chambers, by making known unto hi self personally, current occupant of 6 James Circle, Shippensburg, Cumberland County, Pennsynia 1 7 its contents and at the same time handing to him personally the said true and correct copy f t1 s SFJ#WN HARRISON, D 02/17/2011 09:45 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 0945 hours, he served a true copy of the within Complaint in rtgage Foreclosure, upon the within named defendant, to wit: Jenn Chambers, by making known unto r elf personally, current occupant of 6 James Circle, Shippensburg, Cumberland County,,P- I ni 17 er its contents and at the same time handing to her personally the said true and correc c f e s me. DEPUTY 02/17/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Steven A. Myers, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Steven A. Myers. Request for service at 6 James Circle, Shippensburg, Pennsylvania 17257 the defendant was not found. Deputies were advised, Steven A. Myers currently resides at 12412 Flack Street, Wheaton, Maryland 20906. 02/17/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Carmella Myers, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Carmella Myers. Request for service at 6 James Circle, Shippensburg, Pennsylvania 17257 the defendant was not found. Deputies were advised, Carmella Myers currently resides at 12412 Flack Street, Wheaton, Maryland 20906. SHERIFF COST: $104.00 February 22, 2011 SO ANSWERS, RbNI'V R ANDERSON, SHERIFF t_ ??a F IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC; et seq. Plaintiff (Petitioner) V. STEVEN A. MYERS; et al. Defendant (Respondent) Complaints' Summons Other: CASE and/or DOCKET No.: 11-1762-CIVIL Sheriffs Sale Date: AFFIDAVIT OF SERVICE C o t z? ? rnr= te CD o r - D? 4 -4© CC - ss = z- n I} r- Ca rn 1, Brandon Yoshimura, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I attempted to serve CARMELLA MYERS the above process on the 28 day of March, 2011, at 8:58 o'clock, PM„ at 12412 FLACK STREET SILVER SPRING, MD 20906 Manner of Service: By handing a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found * By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides By handing a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof * Name: Dennis Ross Relationship/Title/Position: Father Remarks: Description: Approximate Age 56-60 Height 57 Weight 150 Race WHITE Sex MALE Hair GREY Military Status: '_....- No F. Yes Branch: Commonwealth/Stateof CU/ t/\I 3)(L County of SS: Before me, the undersigned notary public, this day, personally, appeared I L ?1(s? ?1 t M ?(ZA to me known, who being duly sworn according to law, deposes the following: I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. 3 2? L? Subscribed and sworn to before me (S' a of Affiant) this 0?day of /11^2 C 4- 120 File Number: 116- 40 Notary Public MICHAEL REID tACCA11-14Y NOIARYPUBLIC DIS7r. 'I . ? ?Coal WaWon Expires M8y 14, 221#r David D. Buell lnrothonotary Office of the Prothonotary Cum6erfancf County, Pennsylvania dirk S. Sofionage, ESQ Solicitor 17Covl., CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHO NOTARY One Courthouse Square 0 Suite100 0 Carlisle, TA ® (Phone 717 240-6195 0 'Far 717 240-6573