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HomeMy WebLinkAbout11-4649SHAPIRO & DeNARDO, LLC F LEO-O FICL BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78U7 N HE PROTHONOTARY DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 817472! MAY 31 AM 9:45 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 CUMBERLAND COUNTY 3600 HORIZON DRIVE, SUITE 150 PENNSYLVANIA KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038912 Chase Home Finance, LLC PLAINTIFF VS. ' Jeremy J. Mays ' 373 Old State Road Gardners, PA 17324 Kelly C. Overholtzer, aka Kelly C. Mays 373 Old State Road Gardners, PA 17324 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11_q(p`/ I eel COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. S OL .} sq a. ov t c1 Ct & 3?uo Ss 1 f24L a 5 g ?k 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. 10-038912 Chase Home Finance, LLC PLAINTIFF VS. Jeremy J. Mays 373 Old State Road Gardners, PA 17324 Kelly C. Overholtzer, aka Kelly C. Mays 373 Old State Road Gardners, PA 17324 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 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: JPMorgan Chase Bank, N.A. Mortgagor(s): Jeremy J. Mays and Kelly C. Overholtzer (b) Date of Mortgage: September 28, 2007 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Document ID# 200738784 Date: October 9, 2007 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: JPMorgan Chase Bank, N.A. 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 operation of law and/or by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 373 Old State Road, Gardners, Pa 17324 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B". 5. The names and mailing addresses of the Defendants are: Jeremy J. Mays, 373 Old State Road, Gardners, PA 17324 Kelly C. Overholtzer, aka Kelly C. Mays, 373 Old State Road, Gardners, PA 17324 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. 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 August 1, 2010 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. 8. The following amounts are due as of February 22, 2011: Principal Balance Due Interest Currently Due and Owing at 6.75% From July 1, 2010 through February 22, 2011 Late Charges Escrow Advances Property Inspection Property Preservation $102,778.39 $4,465.06 $110.08 $63.48 $60.00 $42.00 $107,519.01 9. Interest accrues at a per diem rate of $19.01 each day after February 22, 2011, 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. 10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(i). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, 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: ?? ( I BY: e52___7__ Attorneys for Plaintiff S & D File No. 10-038912 Prepared By: KAREN PODOJIL Return To: JPHORGAN CHASE BANK, N. A. 700 KANSAS LANE MONROE, LA 71203-4774 ATTENTION: RECORDS & IMAGING MGT Phone Numbers 800-848--9136 Parcel Number: 08382175030 Premises: 19paae Above This Liao For Rmrdhyl Aatal -.- MORTGAGE D137114 )ONS Words used in multiple sections or this document are defined below and otbcr words are defined in Sections 3. 11, 13, 19, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "SeeurityLwtri mrent" means this document, which is dated September 28, 2007 together with all Riders to this document. (B "Sorrewar"is RAMY J MILS, KELLY C OVERHOLTZER, Harrower is the mortgagor under this Security Instrument. (C) "Leader"iBJPMORGAN CHASE BANK, N.A. PENNSYLVANIA - SkVI9 Famlly - Fannla McWProddle Mae UNIFORM INSTRUMENT Form 3939 1191 Wakens Kluwer Mandel Services VMP A-e(PA) Nssa}ai I Ptas 1 nl 16 Nlgatt EXhi hj'1-+ of 41;"* Lender is a BANK organized and existing under the laws of the U.S.A. , Lender's address is 1111 POLARIS PARKWAY COLUMBUS OH 43240 Lender is the mortgagee under this Security [nstrunw t, (D) "Note" moans the promissory note signed by Borrower and datex) September 28, 2007 The Nola states that Bomrwar owes Lender One Hundred six Thousand, Eighty and 00/100 Dalian (U S. S 106,080.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in toll not later than October 1, 2037 (L) "Property" mom the property that is described below under the heading "Transfer of Rights in the Property," (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and Iato charges due under the Note, and all sutras due under this Security Instrument, plus interest. (0) "Riders" means all Riders to this Security Instrument that are executed by Borrower, The fbilowing Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Balloon Rider Condominium Rider Planned Unit Development Rider Second home Rider 1-4 family Rider VA Rider Biweekly Payment Rider Other(s) ]specify] (H) "Applicable Law" mains all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and ordots (that have the efl'cct of law) us wall as all applicable final, non-appealable judicial opinions. (I) "Commusity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Properly by a condominium association, homeowners assuciation or similar organization. (J) "Blectroale Funds Transfer" means any transfer of funds, other than a Iransaction originated by check, draft, or similar paper instrument, which Is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order. Instruct, or authorize it financial Institution to dublt or credit an account. Such term includes, but is not limited to, point-of-sele transfers, automated tcller machine transections, transfers initiated by telephone, wire: transfers, and automated clearinghouse trensrenL (K) "F.scrowItems" means those items that sm described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, suttlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) fur: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Proparty, (iii) eemvayance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Properly. (M) "Mortgage Insurance" moans insumace protecting Lender against die aonpaymant of, or default on, the Loan. tnnrq VMP "-B(PA) roeoe}oz PW7 a ie Form 3039 1101 (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RE$PA" means the Real Estate Settlement Procedures Act (12 U.S.C, Seollon 2601 ut seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or aucceaaor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that arc imposed in regard to it "federally related mortgage lose" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Suecessarin Interest of Borrower" means any party that has taken title to tho Property, wbether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security instnanent secures to Lender. (i) the repayment of the Loan. and all renewals, extensions and modifications of the Note; and (ti) the perfa manca of Borrower's covenants and agreements under this Security Instrument and the We. Tor this purpose. Borrower does hereby mortgage, grant and convey to Lender the following described property locatod in the COUNTY [Type of ReeordGes Jeriadiedatt) of CUMBERLAND LName of Reeuaft rurisdicdop]: See Attached Legal Description which currently has the address of 373 OLD STATE RD ISM-A1 GARDNERS city), Pennsylvania 17324 IZip Cadej ("Property Address"): 373 OLD STATE RD, GARDNERS, PA 17324 TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements. appurtenances, and rurtures now or hereafter it part of the property. All replacements and additions shall also be covered by this Security rnstrurnent. All of the foregoing is referred to in this Security Instrument as the "Property." kwon. VMP 09-0(PA) (M)A2 Pape 3 of 14 Form 3039 V01 BORROWER COVENANT'S that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, great and convey the Property and that the Property is unencumbered, except for encumbrances of record. Bonowetr warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TBIS SELVRITY INSTRUMENT canbinea unifanm covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and lender covenant and agme as follows. 1. Payment of Prfacipd, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due wader the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lander as payment under the Note or ibis Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fauns, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, tressurer s check or cashier's cheek, provided any such check is drawn upon an institution whose deposits are Insured by a federal agency, instrumentality, or entity; or (d) Mecxronic Funds Transfer. Payments are deemed received by Lander when received at the location designated In tho Note or at suob other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment If the payment or partial payments am insufficient to bring the Loan current. Lander may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. Pf each Periodic Payment is applied as of its scheduled due date, then Lender need not pay Interest an unapplied fiends. Louder may hold such unapplied fiords until Borrower makes payment to bring the Loan current. If Borrower does not do so within it reasonable period of time, Lender shall either apply such funds or return them to Borrower, if not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might havo now or in the future against Lender shall relieve Borrower from making payments due under the Noto and this Security Instrument or performing the covenants and agrcaments secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority; (u) interest duo under the Nutc; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to lift oharges. second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lander receives a payment from Borrower for a delinquent Periodic Payment which includes a SuMelcat amount to pay any late charge dun, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be VMP 00-8(PA) toraeoox P.a. 4 of It ?' Fenn 3039 1101 paid in full. To the extent that any excess exists ahcr the payment is applied to the full payment of one or mom Periodic Payments, such excess may be applied to any lsto charges due. Voluntary prepayments shall be applied fast to any prepayment charges and then as descnbcd in the Note. Any application of payments, insurance proceeds. or Miscellaneous proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic payments. 3. Funds for Escrow Items. Borrower shall pay to Leader on the day Periodic Payments are due under the Mote, until the Note is paid in fall, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, If any; (e) premiums for any and all insurance required by Lander under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lander in lieu of the payment of Mortgage insurance premiums in accordance with the provisions of Section 10. These items arc called "Escrow Items." At origination or at any time during the term of the Loan, Lander may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly famiah to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Rom at any time, Any such waiver may only be in writing. In the event of such waiver, Borrdwar shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lander and, if Lender requires, shall fbmish to Lander receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this. Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lander may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke tine waiver as to say or all Escrow Moms at any time by a notice given in accordance with Section 15 and, upon such rcvocatxm, Borrower shall pay to Lender all Funds, and In. such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA. and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits am insured by a federal agency, instrumentality, or entity (including Lender, If Lender is an institution whose deposits arc so insured) or in any Federal Home Loan Back. Leader shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Louder shall not charge Borrower for holding and applying the Funds. annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agreement is made In writing or Applicable Law requires interest to be paid on the Funds. Lander shall not be ruriukvd to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree: in writing, however, that interest ixuu.: VMP 404(PA) iosaaw P"ae s a le Form 3039 1101 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by ROSPA. If there is a surplus of Funds held in escrow. as defined under RESPA, Leader shall account to Borrower for the excess funds in accordance with ROSPA. If there is a shortage of Funds hold in escrow, as defined under ROSPA. Leader shall notify Borrower as required by ROSPA, and Borrower shall pay to Leader the amount neceasary.to make up the shortage in accordance with ROSPA, but in no more than 12 monthly payments. If chore is a daficicncy of Funds held in escrow, as defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiatcy, in accordance with ROSPA, but in no more than 12 monthly payments. Upon payment in NU of all sums secured by this Security Instrument, Lander shall promptly rAnd to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all texts. assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Imt meet, leasehold payments or ground rants on the Property, If any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items arc Escrow Items, Borrower shop pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good (kith by, or defends against enforcement of the lien in, Iegal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings arc pending, but only until such proceedings are concluded; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to at lien which can attain priority over this Security Instrument. Lender may give Borrower a notice identifying the lien, Within 10 days of the data on which that notice is given, Borrower shall satisfy the lion or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification. andlor reporting service used by Lender in connection with this Loan. S. Property Insnrauce. Borrower shoU keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage;' and any uther hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible (ovals) and for the periods that Lender requires. What Lender rtxiuirca pursuant to the preceding sentences can ehanga during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shell not be cxtrcised unreasonably. Lender may require Borrower to pay. in connection with this Loan. either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) it one-time chargu far flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affcot such determination or certification. Borrower shall also be rusponsiblc for the payment of any fees imposed by the Federal Emergency Management Agency in cnnncction with the review of any flood zone determination resulting from an objection by Borrower. VMP VP -e(PA) uaswzz Pig. e m to Form 3039 1101 If Borrower flails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or Knount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might slVdilcantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall beer interest at the Note rate from the date of disbursement and shall be payable, witb such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Londe es right to disapprove such policies, shall include it standard mortgage clause, and shall name Lender as mortgagee sad/or as an additional loss psyco. Lender shall have the right to hold the policies and renewal certificates. IF Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of lose, Borrower shall give prompt notice to the insurance carrier and Leader. Lender rney make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, arty insurance proceeds, whether or not the underlying insurance was required by Lender, :shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lcuder's satisfaction, provided that such inspection shall be undertaken promptly. Lander may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds. Lander shall not be required to pay Borrower any interest or carvings on such proceeds. Fees for public adjusters, or other third parties, rutsined by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration at repair is not economically feasible or Landsr's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lander may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to a notice from Leader that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security instrument. and (b) any other of Borrower's rights (other than the right to any refund of unarmed premiums paid by Borrower) under all insurance policies covering the Property. insofar as such rights arc applicable to the coverage of the Property. Lender may use the insurance proceeds; either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether Or not then due. VMP M-0(PA) pw4ox Pape 70116 ;Q4/F 3039 1101 6, Oeertponey. Borrower shall occupy, establish, and use the Property as Borrower's principal nssidenee within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender otherwise agrees In writlug, which consent shall not be unreasonably withheld, or unless extenuating ciroumstances exist which are beyond Borrower's control. 7. Preservaden, Maintenance and Protection of the Property, Inspections. Borrower shall not destroy. damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whwher or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing In value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property If damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not suftient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Loader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Leader may inspect the interior of the improvements on the Property. Lender shalt give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Appiieafton. Borrower shall be In default if, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statemcnis to Lender (or lirilcd to provide Lender with material information) in connection with the Loon. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower`s principal residence. 9. Protection of Leader's Interest In the Property and Rights Under this Security Instrument If (a) Borrower fails to perform the eovoaamts and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lendces Interest In the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate. for condemnation or forfeiture, for unforccrnrxrt of a lien which may attain priority over this Security Instrument or to unforoe laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonablc or appropriate to protect Lcnder's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Gander's notions can include. but are not limited to; (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (a) paying reasonable attorneys' ices to protect its interest in the Property and/or rights under this Security Instrument, Including its secured position in a bankruptcy proceeding. Securing the Properly includes. but is not lianltcd to, entering the Property to make repairs, change locks, replace or board up doom and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or atl~ Although Lender may take action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do so. It Is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Wela !'? VMP WGIPA) (woom pas. a of is Form 3039 1101 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice fran: Lender to Borrower requesting paymerrt. If this Security Instrument is on a leasehold, Borrower shall comply with all the provWm of the lease. If Borrower acquires fee title to the Property, the leasehold and the The title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower stall pay the premiums required to maintain the Mortgage Insurance In effect. It for any reason, the Mortgage Insurance coverage required by Lander ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the ppromiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Moftsge Tnsurance coverage is not available, Borrower shall continue to pay to Lander the amount of the separately designated payments that were duo when the lua wane coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shalt be non-retbodable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in 1he amount and for the period that Leader requires) provided by an insurer selected by Lander again becomes available. is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums Ibr Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Landes providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage husrance reimburses Lender (or any entity that purchases the Note) for certain losses it may Incur if Borrower does not repay the Loan as agmad. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in foram tram time to time. and may enter into agreements with other parties that share or modify their risk. or reduce losses. These agreements are on terms and conditions that arc satisfactory to the mortgage insurer and the other party (or parties) to these agreemonlL These agreements may require the mortgage insurer to make payments using any source of fends that the mortgage insurer may have available (which may include Rinds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer. any niasurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage insurance, in exchange for sharing or modifying the mortgage Insurer's risk. or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurees risk in exchange for n share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage lnsurence, and they wM not entitle Borrow to nay refund. Ir?Nr, VMP 1644PA) weam Pop 0 ae to Form 3039 1101 (h) Any such agreemesats will not affect the rights Borrower has - if may - with respect to the Mortgage htsuranee under the Homeowners Protection Act of 1998 or any other law. 7%ew rights may include the right to receive certain disatmsa % to request and obtain eaneel sdon of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or tervalnation. 11. Assignment of Mleeellaaeous Proceeds; Forfeiture. Ali Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Nliseollaneous Proceeds shall be applied to restoration or repair of the Properly, if the ttlstoration or repair is economically farsibk and Lender's security is not lessened. hold such Miscellaneous Proceeds During such repair and restoration period, Leader shall lava fire right to until Leader bas had an oppordmity to inspect such Property to ensturo the work has been completed to Lender's satiafactian, provided that sue6 inspection shall be undertaken promptly. Lander may pay for the repairs and restoration is a single disbursement or in a caries of progress payments as the work is completed. Unless an agreaa is made in writing or Applicable Lar requires interest to be paid on such Nliaeollanacus Proceeds, nd to pay Borrower any interest or earnings on such iscellaneous Proceeds. Irestoration or la not ecaaomicspy feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if wry. paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or Iuss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess. if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking. destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately bcfare the partial taking, destruction, or lass In value, unless Borrower and Lender otherwisu agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or lass in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any baletwe shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less then the amount of the sums secured immediately before the partial taking. destruction, or lass in value, unless Sorwwcr and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the awns are then duo. If the Property is abandoned by Borrower, or if, after notice by Lander to Borrower that the Opposing Party (as defined in the next sentence) ollbrs to make an award to settle a claim for damages. Burrower falls to respond to Lander within 30 days after the date the notice Is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Iastrumenl, whether or not then due. "Opposing Party" moans the third patty that owes Borrower Miscellaneous Proceeds or the patty against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that. in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Properly or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstatd as provided in Section 19, by causing the action or proceeding to be Nkk-. -0 VMP 40-8(PA) msas}a Papa to at is il? Form 3039 1101 dismissed with a ruling that, in Lenders judgment, precludes forfeiture of the Property or other material Impairment of Landers Interest in the Property or rigbts under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscollaneous Proceeds that are not applied to restoration or repair of the Properly shall be applied in the order provided for In Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lander to Borrower or any Successor in Interest of Borrower shall not operate to ralease the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Barsower or any Successors in Interest of Borrower. Any fbrbeatance by Lander in exercising any right or remedy including, wWwat limitation, Lendees acceptance of payments from third persons, entitles or Successors In Interest of Borrower or in amounts loss than the amount then due, shall not be a waiver of or preclude the exertion of any right or remedy. 13. Joint and Several Llsdrllity; Co-signers; Successors and Asdgos Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, great and convey the co-signer's interest in the Properly under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrumard; and (c) si reas that Lander and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security instrument or the Note without the co-signers consent. Subject to the provisions of Section 111, any Successor in interest of Borrower who assumes Burrowers obligations under this Security Instrument in writing, end is approved by Leader, shall obtain all of Borrowers rights and benefits under this Security Instrument. Borrower shall not be released ftom Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. id. Loan Cherges. Lender may charge Borrower fees for services ltcrfoumad in connection with Boaower's default, for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation foes. In regard to any other has, the absence of express authority in this Security instrument to charge a specific fee to Borrower sball not be construed as a prohibition on the charging of such fee. Lender may not charge fees that arc expressly prohibited by this Security Inbtrumeot or by Applicable Low. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with tho Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the We or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be trMed as a partial prepayment without any prepayment charge (whether or not it prepayment charge is provided for under the Note). Borrowers acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instnnment shall be deemed to VMP R-e(PA) eoeeetm v.ne ? 1 m to Form 3039 1101 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means, Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The aotioe address :hail be the property Address unless Borrower has designated a subdituse notice address by notice to Leader. Borrower shall promptly notify Lander of Borrower's change of address. If Leader specifies a procedure fbr reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one destgnated notice address under this Security Instrument at any one time. Any notice to Lander shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with ibis Security Instrument shall not be deamed to have been given to Lender until actually received by Lander. If any notice required by this Security instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Lawi Saverabllity; Rules of Construction. This Security Instrument shall be governed by fadarai law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silen4 but such silence shalt not be construed as a prohibition against agreement by contrast. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given efleet without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall morn and Include the plural and vice varsa; and (e) the word "may" gives sole discretion without any obligation to lake any action, 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, 'Interest in the Property" means any legal or beneficial Interest in the Property. Including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which Is the transfer of title by Borrower at a future data to a purchaser. If all or any part of the Property or any interest in the Property is sold or transferred (or If Borrower is not a natural person and a beneficial interest in Borrower is sold or transfcived) without Lender's prior written consent, Lander may require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender siusll give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 19. Borrower's Right to Reinstate After Acceleration. If Borrower nwets certain conditions, Borrower abaft have the right to have enforcement of this 8W.Rity instrument discontinued at any time prior to the earliest of (a) five days before sale or the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrowoes right to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due rinder thin Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or rrnr? VMA O-WA) t }az Pace 19 of It Faro 30311 1101 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fact, property inspecdon and valuation fees, and other fees Incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Londaes, interest In the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security lastmment, shall continue unchanged. Lender may require that Borrower pay such nimstatemantsums end expenses In one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check hroasureWs check or cashier's check, provided any such check is drawn upon an Institution whose deposits arc heard by a federal agency, Instrumentality or cndty; or (d) Electronic Panda Transfer. Upon reinstatement by Borrower, this Security Instritment and abligations secured Ismaby shall remain fully effective as if to acceleration had occurred. However, this right to reinstate sball not apply in the cane of acceleration under Section 19. X Sale of Note Chsoge of Loan Servicer; Notice of Grievance. The Note or a partial interest In the Note (together with this Security Instrument) can be sold one or mom times without prior notice to Borrower. A. sale might result in a change In the entity (known as the "Loan Servicce) that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. Then also might be one or mom changes of the Loan Services' unrelated to a sale of the Note. If there is a change of the Lunn Servicer, Borawer will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan Is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage Iona servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by tha Note purchaser unloss otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence. join, or be Joined to any judicial action (as either an Individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the otber party has broached any provision ol; or any duty owed by reason of: this Security iastrumuent, until such Borrower or Lender has nodded the other party (with such notice given In compliance with the regairomunts of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be takuut, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shell be deemed to satisfy the notice and opportunity to take corrective action provisions ofthis Section 20. 21. Hazardous Substances. As used in this Section 21; (a) "Hazardous Substances" am those: substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasolla% kerosene, other tlammabie or toxic petrelourn products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" mesas federal laws and laws of the jurisdiction whore the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action. remedial action, or removal action, as defined In Environmental Law; and (d) an "Environmental Condition" moms a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 1 Wa VMP M-41(PA) {aewa m pat. 13 Of to IV ThIk L. Tr- Form 3032 1101 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Progarq+ (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (e) which, due to the prosence, use, or release of a Hazmdous Sabatanoe, creates a condition that adversely affects the value of the Pro. The preceding two sentences shall not apply to the , use, or storage on the Property o small quoutitles of Hazardous Substances that are y recognized to be appropriate to normal residential macs and to maintenance of the Property (lac uding, but not limited to, hazardous substances in consumer products). Borrower ft U promptly give Lender written notice of (a) any investigation. claim, demand, lawsuit or other action by any govahnnteomi or regulatory agency or private party involving the Property and say Hazardous Substance or Environmental Law of winch Borrower has actual imowledge, (b) any Environmental Condition, including but not limited to, spillin& leaking, discharge, release or Orient of release of any Hazardous Substance, and (c) any condition cawed by the presence, use or release of a Hazardous Substance which adversely affect the value of the Propexty. If Borrower learns, or is notified by any go wrnawttei or regulatory authority, or any private party, that easy mo val or other rsmediation of any Hazardous Substance srl ocling the Property is necessary, Borrower shall promptly take all rteeaaaery remedial actions in soaordamca Witte Environmental Law. Nothing heroin shall create any obligation on Lender for an $nvir urnental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any cevenaat or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicahla Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to care the default; (c) when the default must be cured; seed (d) that failure to cure the default as specified may result to acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the curl-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is net cured as specifted, Leader at Its option say require inwmdiate payment to full of all sums secrtred by this Security Instrument without !farther demand and may ferselose this Security instrument by judicial proceeding. Lander shall be entitled to collect all expenses incurred in punning the remedies provided bh tills Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applkable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security instrument. Borrower shall pay try recordation costs. Lender may charge Borrower a fee for reldastng this Security Instrument. but only, if the fee is paid to a third party far services rendered and the Cbarging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defeats In proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption tram attachment, levy and sale, and homestead oxompkioa. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sherift's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is font to Borrower to acquire title to the Property, this Security instrument shall be a purchase money mortgage. 27. Interest Rage After Judgment Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable frorn time to time under the Note. VMP "-G(PA) toM&OZ Page 14 of io Form 3030 1101 BY SIGNING BELOW, Bonvwer accepts and agrees to the terms and covenants contahmd in this Security Instrument and in any Rider executed by Borrower and rceorded with it. Witnesses; (Seal) nPYM J MAYS -Bomrwer (Seal) -Normwer (Sul) -Danower (Seal) (Seal) REL C OVERMOLTZE -Bomrvrar -Hormwer _ (Seal) -HomlwLr (gin -Aarrowa (Seal) -Narrower VMP 0-6(PA) (MIM2 Pace is or is Form 3039 IMI COMMONWLi:ALTH OF PENNSYLVANIA, ADAMS County ss: On this, the 28th day of September, 2007 , before me, the undorai Jo?YSpcrsonally appeared KELLY C OVMWOLTZER known to me (or satisfactorily proven) to be the parson(s) whose name(s) is/are subscribed to the witbin instrument and acknowledged that he/dWthey executed the same for the purposes bemk contained. IN WITNESS WHEREOF, l hereunto set my hand and official scsi. m .y Commission Lxphw COtuMoWM na OF PeNNSir v to 061OW19Bar%Adiestbl V My0xWk ien .hmo10,2WD MBmbw, Ppnmylvsnts Anododon of N"n Certificate of Residence Notary Public TIUu of Oft a 1, Thows R. Canpball , do hereby Certify that the correct address of the within-named Mortgagee is 1111 Polaris Parkway. Columbus. OR 43240. Whets my hand this day of Saptember. 2007 VMP •-e(PA) MemM Akwtt nfM?xypi? leNale: Pape tB at 16 Form 3039 1101 EXHIBIT A ALL those certain tracts or parcels of land and premises, situate, lying and being in the Township of Dickinson, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: TRACT NO. 1: BEGINNING at a point in the center line of the Old Carlisle Gettysburg Highway, which point is a comer of Tract No. 5 on the hereinafter mentioned Plan of Lots recorded In Plan Book 10, Page 52; thence along said Tract No. 5, North 74-1/2 degrees West, a distance of 146.5 feet to a point (iron pin); thence along lands now or formerly of the Ella N. Myers Estate, North 15 degrees 25 minutes East, a distance of 49.4 feet to a point (iron pin); thence along Tract No. 3 on the hereinafter mentioned Plan of Lots, South 74 degrees 20 minutes East, a distance of 146.5 feet to a point in the center line of the Old Carlisle Gettysburg Highway, thence by the center line of said highway, South 15-1/2 degrees West, a distance of 49 feet to a point, the place of BEGINNING. Being improved with a 1-story frame bungalow and also being Tract No. 4 as designated on a Plan of Lots recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 10, Page 52. TRACT NO. 2: In accordance with a Plan prepared by Eugene A. Hoekensmith, R.S., dated February 5, 1988 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 55, Page 16 as follows to wit: BEGINNING at a common point of land now or formerly of Richard W. Schriver, at ux, and Olive F. Beam, said point being approximately 147.5 feet from the center line of T-522, Old Gettysburg Road; thence along Lot No. 7, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along Lot No. 1, North 15 degrees 30 minutes 25 seconds East, 49.50 feet to an iron pin; thence along Lot No. 9, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or formerly of Beam, South 15 degrees 30 minutes 25 seconds West, 49.50 feet to an iron pin, the place of BEGINNING. CONTAINING 0.1136 Acres and being designated as Lot No. 8 on the above mentioned Plan. IT BEING THE SAME TRACT OF LAND which Thomas E. Myers and Molly S. Myers, husband and wife; and Daniel F. Parson, Jr. and Jillian M. Parson, husband and wife, by Deed dated 2007, and about to be recorded in the Office of the Recorder of Deeds Adams County, Pennsylvania, sold and conveyed unto Jeremy J. Mays and Kelly C. Overholtzer, the MORTGAGORS herein. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200738784 Recorded On 1019/2007 At 9s37s16 AM * Instrument Type - MORTGAGE Invoice Number - 6252 User ID - NSW * Mortgagor - MAYS, JEREMY J * Mortgagee - JPMORGAN CHASE BANK N A * Customer - CAMPBELL & WHrM * Bass STATL WRIT TAX $0.50 STATE JCa/ACCXSS TO $10.00 JUSTICE RXCO1M=G F$ES - $37.50 RscoRDMR OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES ME $3.00 TOTAL PAID $64.50 * Total Pages -18 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O Q DS + - Information denoted by an asterisk may ebange during the verHieatton proeeu and may not be raneeted on this page. 1111111111 NOTE September 28, 2007 PA [Date] [City) (state] 373 OLD STATE RD, GARDNERS, PA 17324 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 10 6 , 0 8 0.0 0 (this amount is called "Principal'), plus interest, to the order of the Lender. The Lender is JPMORGAN CHASE BANK, N.A. I will make all payments under this Note in the farm of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." z. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.7 5 0 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the f first day of each month beginning onNovember 1, 2 0 0 7 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on October 1, 2 0 3 7 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P. 0. BOX 7 8 4 2 0 PHOENIX, AZ 8 5 0 62 - 8 4 2 0 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 6 8 8.0 3 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any titne before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Prutcipal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. ORIGI???AL MULTISTATE FIXED RATE NOTE-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT ® -5N (0005) Form 3200 1101 ® VMP MORTGAGE FORMS • (800121 729 /y I??II ??I Page 1 of 3 InlUals?? 1 IINI, J S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN (15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the fall amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even it; at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GMNG OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by fast class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 3200 410 ®? 5N (ooas) Page 2 or 3 1nNlak: 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "'Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) JEREMY J MAYS -Borrower n i aAhAhL'_e_) (Seal) KEL Y C OVERHOLTZER -Boaower .(Seal) orrower (Seal) grower (Seal) -Bormwer -(Seal) -Borrower (Seal) Borrower ,kW.13li03S 1NVISISSMNOWN AHbW;AB V'N Q e440 ancir ewnoo% 3no41% :Io iepb e4i of Aled (Seal) Borrower [Sign Original Only] -5N (aoob) ® Page 3 or 3 Form 3200 1101 Chase Home Finance LLC (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 November 5, 2010 Return Service Requested 1-746-51545-0001460-001-011-000-000-000 JEREMY J MAYS 373 OLD STATE RD GARDNERS PA 17324-8939 Your house is your home. We want to keep it that way. We need to talk-call (800) 848-9380 today. CHASE O You're going through tough times-we can help. In fact, we believeyour home loan may be eligible for a loan workout--we may be able to change the terms of your loan, including the interest rate, 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 homebut 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 letter outlines your loan status andthe consequences that will occur unless we receive the required financial information from you and can approve you for a loan workout. 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'tdelay--call us now at (800) 848-9380. FCL MTM h Chase Home Finance LLC (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 November 5, 2010 1-746-51545-0001460-001-011-000-000-000 JEREMY J MAYS 373 OLD STATE RD GARDNERS PA 17324-8939 Acceleration Warning (Notice of Intent to Foreclose) Account: 010109* ("the Loan") Property Address: 373 OLD STATE RD GARDNERS, PA 17324 (the "Property") Dear JEREMY J MAYS: ACT 91 NOTICE CHASE O TAKE ACTION TO SAVE YOUR HOME FROM FO-ID\ECLOSURE an the attached Wages. The HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGR A?r TY- The name, address, and phone number of Consumer Credit Counseling Agencies serving 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: ORIGINAL LENDER: CURRENT LENDER/SERVICER: JEREMY J MAYS KELLY C OVERHOLTZER 373 OLD STATE RD GARDNERS, PA 17324 JPMORGAN CHASE BANK, N.A. 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 A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three [3] days for mailing). During that time, you must arrange and attend a "face-to-face" meeting with one of the Consumer Credit Counseling Agencies listed at the end of this NoticeTHIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORT A ASSISTANCE. YOU MUST BRING YOUR MORT A UP TO DATE THE PART OF HIS NOTICE A D "HOW TO CURE YOUR MORTGAGE DEFAULT" XP A i1- S 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 ofdesignated Consumer Credit Counseling Agencies for the county in which the Property is located are set forth at the end of this Noticdt is only necessary to schedule one face-to-face meeting. Advise your lendeimmediatelyof 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 ("HEMAP"). To do so, you must fill out, sign, and file a completed HEMAP 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 Pennsylvania Housing Finance Agency ("PHFA") and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA 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 time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (brine it uD tO date). INATU H: F THE DEFAULT-The Mortgage debt held by the above lender on your Property located at: 373 OLD STATE RD, GARDNERS, PA 17324 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS starting 08/01/2010 through 11/05/2010, 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: $3,200.76 Late Charges: $82.56 Insufficient Funds (NSF) Fees: $0.00 Other Fees and Advances*: $14.00 Amount Held in Suspense: $0.00 TOTAL AMOUNT DUE TO CURE DEFAULT : $3,297.32 *Other Fees and Advances include those amounts allowed by your Note and Security Instrument. If you need additional information regarding any of these amounts, please contact us at the number provided below. 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 $3,297.32, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)-DAY PERIOD. 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 debttThis 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 FM DI 4-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 begunyou still have he right to curl uavine «Lvc Lai - in mi Lnen east aue. plus any late or other cn rgec men due reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender. and by performing any other requirement order the mo gageCuring 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 A DATE -It is estimated that the earliest date that such a sheriff's sale of the mortgaged Property could be held would bapproximately five to six (5-6) months from the date of this Notice A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER : Name of Lender: Chase Home Finance LLC Address: Phone Number: Fax Number: Contact Person: E-mail Address: Mail Code OH4-7356 3415 Vision Drive Columbus, OH 43219-6009 (800) 848-9380 (614) 422-7912 Justin Powell-Wilburn Justin.L.Powell-Wilburn@chase.com EFFECT OF SHERIFF'S SALE You should realize that a Sheriff's 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 sheriff's 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's 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 NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Collections Department Chase Home Finance LLC (800) 848-9380 (800) 582-0542 TDD / Text Telephone Enclosures 1. Federal Trade Commission Pamphlet 2. HEMAP Consumer Credit Counseling Agencies 3. Homeowner's Assistance Brochure CERTIFIED MAIL: Return Receipt Requested and First Class Mail 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." Loan modification scams should be reported to PreventLoanScams.org, or by calling (888) 995-HOPE. 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 a debt collector. BR860 HUD COUNSELING AGENCIES - PENNSYLVANIA CCCS of Western PA 888-511-2227 I 524 Franklin Avenue Ali ui a 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-Housina Inc, 412-281-2102 425 6t Ayanue - Suite 950 Pittsburah 15219 Neighborworks Western PA, former) el hborhood Housing Services Inc 412-281-9773 710 5th Avenue - Suite 1000 Pittsburgh 15219 PA Housina Finance knency 412-429-2842 2275 Swallow Hill Road Bida 200 P*ftsburah 15220 Three Rivers Center for Independent Living 412-371-7700 900 Rebecca Avenue Pittsbur h 15221 Fair Housing Partnership of Greater Pittsbur 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 Pittsbu h 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 Washin ton 15301 Southwestern PA Legal Services Inc 800-846-0871 10 W 3herry Avenue Central Office Washin ton 15301 Southwestern PA Legal Services Inc 800-846-0871 63 S Washington Street Waynesburg 15370 Fayette County Community Action Agency 724-437-6050 140 N Beeson Avenue Uniontown 15401 Southwestern PA Le ai Services Inc 800-846-0871 132 E Catherine Street Somerset 15501 CCCS of Western PA 888-511-2227 1 North ate Square Greensbur 15601 Westmoreland Community Action 724-834-1260 226 S Maple Avenue Greensbur 15601 Indiana County CommunityAction Program, Inc. . 827 Water Street P.O. Box 187 Indiana 15701 The NORCAM Group 814-948-4444 4200 Crawford Avenue Suite 200 Northern Cambri 15714 Northam Tier Community Action Corporation 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 County 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 Stambaugh Avenue Sharon 16146 Community Action Partnership of Mercer County 724-342-6222 75 S Dock Street Sharon 16146 Armstrong County Community Action A enc 724-548-3405 124 Armsdale Road - Suite 211 KIttannin 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 Aaency 814-459-4581 18 W 9th Street Erie 16501 Booker T. Washin ton 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 ont Nato Inc. 814-459-2761 312 Chestnut Street Erie 16507 CCCS of Western FA 888-511-2227 4 Blair County Community Action Agency 814-946-3651 2100 6th Avenue - Suite 102 P.O. Bo 1833 Altoona 16602 CCCS of Western P14 888-511-2227 917 A Logan Boulevard Royal/Rema Plaza Altoona 16602 CCCS of Northeastern R4 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 R4 888-511-2227 2000 Lin lestown Road Harrisburg 17110 air Housing Council of the Capital Region, F 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 Harrisburg 17110 Maranatha CCCS of Western RA 717-762-3285 888-511-2227 43 Philadelphia Avenue 55 Clover Hill Road Wa nesboro Dallastown 17268 17313 Adams county interfaith Housing Authority 717-334-1518 40 E High Street Gett sbur 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 R4 570-323-6627 201 Basin Street - Suite 600 Williamsport 17701 Lycoming-Clnton Counties Commission for Community Action 570-326-0587 2138 Lincoln Street P.O. Box 3568 Williamsport 17703 CCCS of Northeastern R4 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. . 1337 E 5th Street Bethlehem 18015 El Shaddai Bethlehem Ministries 610-625-3500 529 E Broad Street Bethlehem 18018 CCCS of Lehi h Valle A Division of MMI 800-220-2733 306 Spring Garden Street Easton 18042 CCCS of Lehi h Valley, A Division of MMI 800-220-2733 3671 Crescent Court E Whitehall 18052 Alliance for Buildin Communities 610-439-7007 830 Hamilton Mall Allentown 18101 Neighborhood Housing Services of the Lehig Valle 610-437-4571 239 N 10th Street Allentown 18102 Catholic Charities Diocese of A lentown 610-435-1541 530 Union Boulevard Allentown 18109 CCCS of Northeastern A4 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 R4 570-420-8980 411 Main Street - Suite 102 Stroudsburg 18360 CCCS of Northeastern Rk 800-922-9537 232 Sunrise Avenue Route 191 Honesdale 18431 The Trehab Center of Northeastern PA 570-253-8941 1 Catholic Social Services 570-558-3019 Saint Catherine Manor 5 Knox Road Scranton 18505 Catholic Social Services, Diocese of Scranto 570-207-2283 516 Fig Street Scranton 18505 United Neighborhood Centers of Northeaster PA 570-346-0759 425 Alder Street Scranton 18505 Neighborhood Housing Services of Lackawanna County 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 R4 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 RA 570-821-0837 77 E Market Street 7th Floor Wilkes Barre 18701 Commission on Economic Opportunity of Luzerne County 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 Wri htstown 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 Counselin 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 1729 Ed emont Avenue Chester 19013 CCCS of the Delaware Valle 215-566-5335 130 E 7th Street Chester 19013 American Financial Counselin Services CCCS of the Delaware Valle 267-228-7903 800-989-2227 871 N Easton Road 261 Old York Road Pavilion Suite 40 Glenside Jenkintown 19038 19046 CCCS of the Delaware Valle 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 S rin field 19064 American Credit Alliance 215-295-7195 2 S Deimorr Avenue Morrisville 19067 Advocates for Financial Independence 215-389-2810 202 E Hinkle Avenue Ridle Park 19078 American Credit Counselin Institute 610-971-2210 175 Strafford Avenue - Suite 1 Wayne 19087 Housin 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 PA Council For Community Ad%encement 215-563-5665 215-567-7803 1608 Walnut Street 10th Floor 100 N 17th Street Suite 600 Philadelphia Philadelphia 19103 19103 P hiladelphia Council for Community Advancement 215-567-7803 1617 JFK Boulevard - Suite 1550 Philadelphia 19103 Urban Lea ue 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 R4 215-985-3220 121 S Broad Street 9th Floor Philadelphia 19107 American Financial Counselin Services 267-228-7903 1917 Welsh Road Philadelphia 19115 Mt. Airy, USA 215-844-6021 6703 Germantown Avenue - Suite 20 Philadelphia 19119 Korean Community Development Services Center 215-276-8830 6053-55 N 5th Street Philadelphia 19120 APM 215-235-6788 2147 N 6th Street Philadelphia 19122 Association Do Puertarriauenos En Marche 215-235-6070 600 W Diamond Street Philadelphia 19122 Housin Association of Delaware Valle 215-978-0224 1528 Walnut Street Philadelphia 19123 NACA Philadelphia, PA 215-531-5221 1341 N Delaware Avenue - Suite 312 Philadelphia 19125 Cow Kensington Community Development 215-427-0350 2515 Frankford Avenue Philadelphia 19125 Carroll Park Community Council Inc. 215-877-1157 5218 Master Street Philadelphia 19131 Hispanic Alliance for Community Advancement 215-667-8932 2740 N Front Street Philadelphia 19133 CCCS of the Delaware Valle 800-989-2227 7340 Jackson Street Philadelphia 19136 West Oak Lane Community Development 215-224-0880 7300-02 O ontz Avenue Philadelphia 19138 CCCS of the Delaware Valle 215-566-5335 4400 N Reese Street Philadelphia 19140 Hispanic Association of Contractors and Enterprises 215-426-8025 167 W Allegheny Avenue, Suite 200 Philadelphia 19140 Nueva Es eranza 215-324-0746 4261 N 5th Street Philadelphia 19140 FOB CDC 215-549-8755 1201 W Olney Avenue Philadelphia 19141 Northwest Counseling Service 215-324-7500 5001 N Broad Street Philadelphia 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 Buildin C Philadelphia 19144 Advocates for Financial Independence 215-389-2810 1806 S Broad Street - Suite 1 B Philadelphia 19145 Es eranza 215-336-3511 1920 S 20th Street Philadelphia 19145 South PA H.O.M.E.S. 215-334-4430 1444 Point Breeze Avenue Philadelphia 19146 Universal Companies 215-732-6518 800 S 15th Street Philadelphia 19146 Philadelphia Senior Center 215-546-5879 509 S Broad Street Philadelphia 19147 United Communities Southeast 9\ 215-467-8700 2029 S 8th Street Philadelphia 19148 American Credit Counseling Institute 888-212-6741 229 E Chestnut Street 1st Floor Coatesville 19320 CCCS of the Delaware Valle 215-563-5665 1001 E Lincoln Highway Suite Coatesville 19320 Housing Partnership of Chester County 610-518-1522 41 W Lancaster Avenue Downin town 19335 Alliance for Better Housing, Inc. 610-925-1880 648 Buena Vista Drive Kennett Square 19348 American Credit Counselin 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 - 2nd 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 Counselin 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 Lehl h Valle 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 5th Street Reading 19601 N eighborhood Housing Services of Reading, Inc. 610-372-8433 213 N 5th Street - Suite 1030 Reading 19601 American Financial Counseling Services 267-228-7903 906 Penn Avenue Wyomissing 19610 mev. i viuy FM646 Chase Home Finance LLC (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 November 5, 2010 Return Service Requested 8-746-51545-0001461-001-011-000-000-000 KELLY C OVERHOLTZER 373 OLD STATE RD GARDNERS PA 17324-8939 Your house is your home. We want to keep it that way. We need to talk-call (800) 848-9380 today. CHASE O You're going through tough times-we can help. In fact, we believeyour home loan may be eligible for a loan workout-we may be able to change the terms of your loan, including the interest rate, 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 honwbut 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 letter outlines your loan status andthe consequences that will occur unless we receive the required financial information from you and can approve you for a loan workout. 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'tdelay-call us now at (800) 848-9380. FCL MTM Chase Home Finance LLC (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 November 5, 2010 8-746-51545-0001461-001-011-000-000-000 KELLY C OVERHOLTZER 373 OLD STATE RD GARDNERS PA 17324-8939 Acceleration Warning (Notice of Intent to Foreclose) Account: 111111010M ("the Loan") Property Address: 373 OLD STATE RD GARDNERS, PA 17324 (the "Property") Dear KELLY C OVERHOLTZER: ACT 91 NOTICE CHASE O TAKE ACTION TO SAVE YOUR HOME FROM FO111ECLOSURE the attached sages. The HOMEOWNERS' EMER NCY MORTGAGE. ASSISTANCE. PROGR s>vr EMAP) may be able to help to save vour horne- Thic Native eYnlai ne hnw the nrnar in COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF The name, address, and phone number of Consumer Credit Counseline Agencies serving 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: ORIGINAL LENDER: CURRENT LENDER/SERVICER KELLY C OVERHOLTZER JEREMY J MAYS 373 OLD STATE RD GARDNERS, PA 17324 JPMORGAN CHASE BANK, N.A. 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 A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three [3] days for mailing). During that time, you must arrange and attend a "face-to-face" meeting with one of the Consumer Credit Counseling Agencies listed at the end of this NoticeTHIS 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 CAT .T ,F. "HOW TO CURE YOUR MORTGAGE DEFAULT" PAINS 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 Noticdt is only necessary to schedule one face-to-face meeting. Advise your lendeimmediatelvof 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 ("HEMAP"). To do so, you must fill out, sign, and file a completed HEMAP 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 Pennsylvania Housing Finance Agency ("PHFA") and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBL .. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTIO AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPOARY STAY OF FORECLOSURE-" YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (bring it uD tO date). INA U E OF THE DEFAULT-The Mortgage debt held by the above lender on your Property located at: 373 OLD STATE RD, GARDNERS, PA 17324 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS starting 08/01/2010 through 11/05/2010, 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: $3,200.76 Late Charges: $82.56 Insufficient Funds (NSF) Fees: $0.00 Other Fees and Advances*: $14.00 Amount Held in Suspense: $0.00 TOTAL AMOUNT DUE TO CURE DEFAULT : $3,297.32 *Other Fees and Advances include those amounts allowed by your Note and Security Instrument. If you need additional information regarding any of these amounts, please contact us at the number provided below. 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 $3,297.32, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)-DAY PERIOD. Payments must be made in the form of cash, cashier's check, money order, or certified check and cent 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 dehtThis 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 REM DI 4-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 begunyou still have the right to c rg +?...._ .?_? _??= a=== • , L11CH a < U11- LIJUS n_nv lase or oMer cn rgec rnen due reasonable att orney fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any o h r r quirementc under the mo ^ageCuring your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIF,ST POSSIBLE SHERIFF'S A DAT -It is estimated that the earliest date that such a sheriff's sale of the mortgaged Property could be held would bapproximately five to six (5-6) months from the date of this Notice A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER : Name of Lender: Chase Home Finance LLC Address: Mail Code OH4-7356 3415 Vision Drive Columbus, OH 43219-6009 Phone Number: (800) 848-9380 Fax Number: (614) 422-7912 Contact Person: Justin Powell-Wilburn E-mail Address: Justin.L.Powell-Wilburn@chase.com EFFECT OF SHE IFF'S SALE-You should realize that a Sheriff's 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 sheriff's 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's 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 NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Collections Department Chase Home Finance LLC (800) 848-9380 (800) 582-0542 TDD / Text Telephone Enclosures 1. Federal Trade Commission Pamphlet 2. HEMAP Consumer Credit Counseling Agencies 3. Homeowner's Assistance Brochure CERTIFIED MAIL: Return Receipt Requested and First Class Mail 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." Loan modification scams should be reported to PreventLoanScams.org, or by calling (888) 995-HOPE. 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 a debt collector. BR860 HUD COUNSELING AGENCIES - PENNSYLVANIA CCCS of Western PA 888-511-2227 524 Franklin Avenue Aliquippa 15001 Housing Opportunities of Beaver County 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-Housina Inc, 412-281- 102 425 6th Avenue - Suite 950 Pittsburah 15219 Neighborworks Western PA, former) ei hborhood Housing Services Inc 412-281-9773 710 5th Avenue -Suite 1000 Pittsburgh 15219 PA Housino Finance Acency - 412-429-2842 2275 Swallow Hill Road Bida 200 Ptftsbumh 15220 Three Rivers Center for Independent Living 412-371-7700 900 Rebecca Avenue Pittsburgh 15221 Fair Housing Partnership of Greater Pittsburgh, Inc. 412-391-2535 2840 Liberty Avenue - Suite 205 Pittsburgh 15222 Urban League of Greater Pittsburgh 412-227-4163 610 Wood Street Pittsbur h 15222 Garfield Jubilee Associates 412-665-5200 5138 Penn Avenue Pittsbu h 15224 Nazareth Housin 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 Avenu Central Office Washin ton 15301 Southwestern PA Legal Services Inc 800-846-0871 63 S Washington Street Waynesburg 15370 Fayette County Community Action Agency 724437-6050 140 N Beeson Avenue Uniontown 15401 Southwestern PA Le al 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 CommunityAction Program, Inc. 724-465-2657 827 Water Street P.O. Box 187 Indiana 15701 The NORCAM Group 814-9484444 4200 Crawford Avenue Suite 200 Northern Cambri 15714 Northern Tier Community Action Corporation 814486-1161 135 W 4th Street Emporium 15834 CCCS of Western FR 888-511-2227 112 Hollywood Drive - Suite 101 Butler 16001 Housing Author) ofButler County 724-287-6797 114 Wood Drive Butler 16001 Lawrence County 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 Stambaugh Avenue Sharon 16146 Community Action Partnership of Mercer County 724-342-6222 75 S Dock Street Sharon 16146 Armstrong County Community Action A enc 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 Eris Community Action Aaency 814-4594581 _ 18 W 9th Street Ede 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. 814459-2761 312 Chestnut Street Erie 16507 CCCS of Western FR 7 Street 4402 Peach Blair County Community Action Agency 814-946-3651 2100 6th Avenue - Suite 102 P.O. Bo 1833 Altoona 16602 CCCS of Western PA 888-511-2227 917 A Logan Boulevard Royal/Rema Plaza Altoona 16602 CCCS of Northeastern PA 814-238-3668 202 W Hamilton Avenue State Coll a 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 PR 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 Harrisbur 17110 PHFA 717-780-3940 211 N Front Street Harrisburg 17110 Maranatha 717-762-3285 43 Philadelphia Avenue Waynesboro 17268 CCCS of Western PR4 888-511-2227 55 Clover Hill Road Dallastown 17313 Adams County Interfaith Housing Authors 717-334-1518 40 E High Street Gettysburg 17325 American Red Cross - Hanover Chapter 717-637-3768 529 Carlisle Street Hanover 17331 Housin 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 n Actonion Counties Commission for Community Act 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 Bloomsbu 17815 Schuylkill Community Action 570-622-1995 225 N Centre Street Pottsville 17901 Community Action Committee of Lehigh Valle Inc. . 1337 E 5th Street Bethlehem 18015 El Shaddai Bethlehem Ministries 610-625-3500 529 E Broad Street Bethlehem 18018 CCCS of Lehigh Valle A Division of MMI 800-220-2733 306 Spring Garden Street Easton 18042 CCCS of Lehi h Valle 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 Lehig Valle '610-437-4571 239 N 10th Street Allentown 18102 Cath lic Charities Diocese of Allentown 610-435-1541 530 Union Boulevard Allentown 18109 CCCS of Northeastenn 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 Rk 570420-8980 411 Main Street - Suite 102 Stroudsburg 18360 CCCS of Northeastern R4 800-922-9537 232 Sunrise Avenue Route 191 Honesdale 18431 The Trehab Center of Northeastern PA 570-253-8941 _122EMahStreet Honesdale 18431 Catholic Social Services 570-558-3019 Saint Catherine Manor 5 Knox Road Scranton 18505 Catholic Social Services Diocese of Scranto 570-207-2283 516 Fig Street Scranton 18505 United Neighborhood Centers of Northeaster PA 570-346-0759 425 Alder Street Scranton 18505 Neighborhood Housing Services of Lackawanna County 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 ck 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 H4 570-821-0837 77 E Market Street 7th Floor Wilkes Barre 18701 Commission on Economic Opportunity of Luzerne County 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 Eimer Avenue Suite M.6 Sayre 18840 Bucks County Housing Group 215-598-3566 2324 2nd Street Pike - Suite 17 Wri htstown 18940 CCCS of Lehi h Valle A Division of MMI 800-220-2733 127 S 5th Street Quakertown 18951 Credit Counselin 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 1729 Ed emont Avenue Chester 19013 CCCS of the Delaware Valle 215-566-5335 130 E 7th Street Chester 19013 American Financial Counselin Services 267-228-7903 871 N Easton Road Glenside 19038 CCCS of the Delaware Valle 800-989-2227 261 Old York Road Pavilion Suite 40, Jenkintown 19046 CCCS of the Delaware Valle 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 Delmorr Avenue Morrisville 19067 Advocates for Financial Independence 215-389-2810 202 E Hinkle Avenue Ridle 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 PACouncil For Community Adamoement 215-567-7803 100 N 17th Street Suite 600 Philadelphia 19103 P Advancement hiladelphia Council for Community 215-567-7803 1617 JFK Boulevard - Suite 1550 Philadelphia 19103 Urban Lea ue of iA4 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 ML Airy, USA 215-844-6021 6703 Germantown Avenue - Suite 20 Philadelphia 19119 Korean Community Development Services Center 215-276-8830 6053-55 N 5th Street Philadelphia 19120 APM 215-235-6788 2147 N 6th Street Philadelphia 19122 Association Do Puertorriouenos En Marche 215-235-6070 600 W Diamond Street Philadelphia 19122 Housing Association of Delaware Valle 215-978-0224 1528 Walnut Street Philadelphia 19123 NACA Philadelphia, PA 215-531-5221 1341 N Delaware Avenue - Suite 312 Philadelphia 19125 New Kensington Community Development Corp. 215-427-0350 2515 Frankford Avenue Philadelphia 19125 Carroll Park Communi Council Inc. 215-877-1157 5218 Master Street Philadelphia 19131 Hispanic Alliance for Community Advancement 215-667-8932 2740 N Front Street Philadelphia 19133 CCCS of the Delaware Valle 800-989-2227 7340 Jackson Street Philadelphia 19136 West Oak Lane Community Development 215-224-0880 7300-02 O ontz Avenue Philadelphia 19138 CCCS of the Delaware Valle 215-566-5335 4400 N Reese Street Philadelphia 19140 Hispanic Association of Contractors and Enterprises 215-426-8025 167 W Allegheny Avenue, Suite 200 Philadelphia 19140 Nueva Es eranza 215-324-0746 4261 N 5th Street Philadelphia 19140 FOB CDC 215-549-8755 1201 W Olney Avenue Philadelphia 19141 Northwest Counseling Service 215-324-7500 5001 N Broad Street Philadelphia 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 Building C Philadelphia 19144 Advocates for Financial Independence 215-389-2810 1806 S Broad Street - Suite 1 B Philadelphia 19145 Es ranza 215-336-3511 1920 S 20th Street Philadelphia 19145 South PA H.O.M.E.S. 215-334-4430 1444 Point Breeze Avenue Philadelphia 19146 Universal Companies 215-732-6518 800 S 15th Street Philadelphia 19146 Philadelphia Senior Center 215-546-5879 509 S Broad Street Philadelphia 19147 United Communities Southeast IA 215-467-8700 2029 S 8th Street Philadelphia 19148 American Credit Counseling Institute 888-212-6741 229 E Chestnut Street 1st Floor Coatesville 19320 CCCS of the Delaware Valle 215-563-5665 1001 E Lincoln Highway Suite Coatesville 19320 Housing Partnership of Chester County 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 Coun elin 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 - 2nd 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 Co nselin 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 Valle A Division of MMI 800-220-2733 1954 E High Street Pottstown 19464 PA Interfaith Community Programs, Inc. 610-562-2288 22 Willow Road Hamburg 19526 Budget Counseling Center 610-375-7866 247 N 5th Street Reading 19601 N eighborhood Housing Services of Reading, Inc, 610-372-8433 213 N 5th Street - Suite 1030 Reading 19601 American Financial Counselin Services 267-228-7903 906 Penn Avenue Wyomissing 19610 xev. 10109 FM646 VERIFICATION The undersigned hereby states that he/she is VW* Presldent of Chase Home Finance, LLC, in this matter, that he/she is authorized to make this Verification, and that the statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 0 f c Name: Title: Vla P'rb Company: Chase Home Finance, LLC S&D File #10-038912 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -. ' -- '- Sheriff = _ Jody S Smith 21r- Chief Deputy --u Richard W Stewart D Solicitor -" c.::: Chase Home Finance LLC vs. Jeremy J. Mays (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2011-4649 06/01/2011 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: Jeremy J. Mays, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. Request for service at 65 Raintree Lane, Fairfield, PA 17320. 06/01/2011 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: Jeremy J. Mays, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. Request for service at 155 Raintree Lane, Fairfield, PA 17320. 06/01/2011 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: Kelly C. Overholtzer a/k/a Kelly C. Mays, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. Request for service at 65 Raintree Lane, Fairfield, PA 17320. 06/01/2011 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: Kelly C. Overholtzer a/k/a Kelly C. Mays, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. Request for service at 155 Raintree Lane, Fairfield, PA 17320. 06/02/2011 Adams County Return: And now, June 2, 2011 I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Kelly C. Overholtzer a/k/a Kelly C. Mays the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Adams and therefore return same NOT FOUND. Request for service at 155 Raintree Lane, Fairfield, Pennsylvania 17320 the Defendant was not found. Kelly C. Overholtzer currently resides at 65 Raintree Lane, Fairfield, Pennsylvania 17320. 06/02/2011 05:45 PM - Adams County Return: And now June 2, 2011 at 1745 hours I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kelly C. Overholtzer a/k/a Kelly C. Mays by making known unto Jeremy J. Mays, adult in charge at 65 Raintree Lane, Fairfield, Pennsylvania 17320 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/02/2011 Adams County Return: And now, June 2, 2011 I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Jeremy J. Mays the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Adams and therefore return same NOT FOUND. Request for service at 155 Raintree Lane, Fairfield, Pennsylvania 17320 the Defendant was not found. Jeremy J. Mays currently resides at 65 Raintree Lane, Fairfield, Pennsylvania 17320. !c Ccun+ySuAC Srerrft '(`°csuft. b,c. 06/02/2011 05:45 PM - Adams County Return: And now June 2, 2011 at 1745 hours I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeremy J. Mays by making known unto himself personally, at 65 Raintree Lane, Fairfield, Pennsylvania 17320 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/06/2011 07:25 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jeremy J. Mays, 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 Jeremy J. Mays. Request for service at 373 Old State Road, Gardners, Pennsylvania 17324 is vacant. /KffHAEL BARRICK, DEP 06/07/2011 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: Occupant of 373 Old State Road, Gardners, Pennsylvania 17324, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 373 Old State Road, Gardners, Pennsylvania 17324 is vacant. 06/07/2011 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: Kelly C. Overholtzer a/k/a Kelly C. Mays, 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 Kelly C. Overholtzer. Request for service at 373 Old State Road, Gardners, Pennsylvania 17324 is vacant. SHERIFF COST: $161.50 June 15, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (ci Coun3yS.Jite She, Teleo.=.urt. inc. YORKTOWNE BUSINESS FORMS, INC. • PH. (717) 845-5955 • FAX (717) 848-8936 DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly, insuring readability of all copies. Do not detach any copies. ACSO ENV.# 1. PLAINTIFF/S/ 2. COURT NUMBER CHASE HOME FINANCE, LLC 2011-4649 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: JEREMY J. MAYS and KELLY C. OVERHOLTZER a/k/a KELLY C. MAYS Complaint in Mortgage Foreclosure SERVE 0 AT 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Jeremy J. Mays and Kelly C. Overholtzer a/k/a Kelly C. Mays 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) 65 Raintree Lane, Fairfield, PA 7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED ? OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE Shapiro & DeNardo, LLC X PLAINTIFF (610) 278-6800 ? DEFENDANT % _71-AVG OGLVtr1r rvn V%7G yr .7n Gnlrr VI1L t - uV "V 1 v11711 ti= Cor-L.WTt7 1171.7 L119C 12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration /XDM=date or complaint as indicated above. 6/2/2011 JUNE 29. 2011 15. 1 hereby CERTIFY and RETURN that I X have personally served, ? have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. ? 1 herebv certify and return a NOT FOUND because I am, unable to locate the individual. comoanv. corporation. etc.. named above. (See remarks below) 17. Name and title of individual served Jerellly J. Mays served personally and 18. A person of suitable age and discretion the defendant's usual r id Read Order aCCEPTED SERVICE for Kelly C. Overholtzer a/k/a Kell C. Mays « a? pl 0 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) 6/2/11 5:45PM 22. ATTEMPTS Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Miles Dep.lnt. Data Miles Dep.lnt. Date Miles Dep.lnt. 23. Advance Costs 24. w 25. 26. 27. Total Costs 70 Pd 6/13/11 35 6. 'fLi&REFUND 64 0 1 La &.Atty. . . $ $ .,3 Ck..027591 AFFIRMED and subscribed to before me this N/A day Sheriff) St iuftf le ae Print or Signature of Sheriff JAMES W. MULLER MY SHMFF OF ADAMS COUNTY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE DATE PROCESSED Date /2/2011 Date 2011 39. Date Received WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4649 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 JEREMY J. MAYS and KELLY C. OVERHOLTZER A/K/A KELLY C. MAYS (I) 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: $113,241.89 L.L.: $.50 Interest July 6, 2011 to December 7, 2011 - - $3,246.01 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $294.00 Other Costs: Plaintiff Paid: Date: 7/6/11 David D. B ell, Prothono ry (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: Chase Home Finance, LLC PLAINTIFF VS. Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: () Confessed Judgment ()Other ?I. y?-1 File No. -1 Amount Due $113,241.89 Interest July 6, 2011 to Decembf, 26f 1 is.. $3,246.01 r-6 co C_ ` f rs.y..ti Atty's Comm ' - 70- Costs cy E5 3 Q 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). v an,? ??. So C6r ? ?., UO a tr p a. cc) Pd a ?"o q, UD (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:` ` 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 12?' alol eta s A? vz? Tss'qf'! 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. 10-038912 Chase Home Finance, LLC PLAINTIFF VS. Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays DEFENDANTS '.ED-OFFICE f: f } QTHONOTAR'i" 40311 .111.1.. -6 PH 12: 39 ` ?.JMBERLAND COUNTY `'ENNSYLVAWA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-4649-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 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 373 Old State Road, Gardners, PA 17324. 1. Name and address of Owner(s) or Reputed Owner(s) Jeremy J. Mays 65 Raintree Lane Fairfield, PA 17320 Kelly C. Overholtzer, aka Kelly C. Mays 65 Raintree Lane Fairfield, PA 17320 2. Name and address of Defendants in the judgment: Jeremy J. Mays 65 Ra.intree Lane Fairfield, PA 17320 Kelly C. Overholtzer, aka Kelly C. Mays 65 Raintree Lane Fairfield, PA 17320 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 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 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 373 Old State Road Gardners, PA 17324 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: 10-038912 Christopher A. DeNardo, Esquire r ?.4-CFriC? SHAPIRO & DeNARDO, LLC ?OTHONOTM BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 I2. 3 _?3 3600 HORIZON DRIVE, SUITE 150 ^;'iUERLgNp COUNTY KING OF PRUSSIA, PA 19406 s F-1-1,11-cSYLVANI;A TELEPHONE: (610)278-6800 I. S & D FILE NO. 10-038912 Chase Home Finance, LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION US.' CUMBERLAND COUNTY Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays NO: 11-4649-CIVIL DEFENDANTS ; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeremy J. Mays 65 Raintree Lane Fairfield, PA 17320 Your house (real estate) at: 373 Old State Road, Gardners, PA 17324 08-38-2175-030 is scheduled to be sold at Sheriff s Sale on December 7, 2011 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 1 O:OOAM to enforce the court judgment of $113,241.89 obtained by Chase Home Finance, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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. S To find out if this has happened you may call717-240-6390. 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. I L 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. 10-038912 ALL those certain tracts or parcels of land and premises, situate, lying and being in the Township of Dickinson, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: TRACT No. 1: BEGINNING at a point in the center line of the Old Carlisle Gettysburg Highway, which point is a corner of Tract No. 5 on the hereinafter mentioned Plan of Lots recorded in Plan Book 10, page 52; thence along said Tract No. 5, North 74-1/2 degrees West, a distance of 146.5 feet to a point (iron pin); thence along lands now or formerly of the Ella N. Myers Estate, North 15 degrees 25 minutes East, a distance of 49.4 feet to a point (iron pin); thence along Tract No. 3 on the hereinafter mentioned Plan of Lots, South 74 degrees 20 minutes East, a distance of 146.5 feet to a point in the center line of the Old Carlisle Gettysburg Highway; thence by the center line of said highway, South 15-1/2 degrees West, a distance of 49 feet to a point, the place of beginning. BEING improved with a 1-story frame bungalow and also being Tract No. 4 as designated on a Plan of Lots recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 10, page 52. TRACT No. 2: IN accordance with a Plan prepared by Eugene A. Hockensmith, R.S., dated February 5, 1988 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 55, page 16 as follows to wit: BEGINNING at a common point of land now or formerly of Richard W. Schriver, et ux, and Olive F. Beam, said point being approximately 147.5 feet from the center line of T-522, Old Gettysburg Road; thence along Lot No. 7, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along Lot No. 1, North 15 degrees 30 minutes 25 seconds East, 49.50 feet to an iron pin; thence along Lot No. 9, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or formerly of Beam, South 15 degrees 30 minutes 25 seconds West, 49.50 feet to an iron pin, the place of beginning. Containing 0.1136 acres and being designated as Lot No. 8 on the above mentioned Plan. PARCEL No. 08-38-2175-030 BEING the same premises which Thomas E. Myers and Molly S. Myers, husband and wife and Daniel F. Parson, Jr. and Jillian M. Parson, husband and wife, by Deed dated September 18, 2007 and recorded in the Cumberland County Recorder of Deeds Office on October 9, 2007 as Deed Instrument No. 200738783, granted and conveyed unto Jeremy J. Mayes and Kelly C. Overholtzer, single persons. 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. 10-038912 Chase Home Finance, LLC PLAINTIFF VS. Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays DEFENDANTS 42 iHONOTAk'l 2311 JUL -•6 PH 12: 37 1'li"BERLA dD COUNT"' i-IENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:11-4649-CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $113,241.89 in favor of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid Interest through July 8, 2011 $102,778.39 $7,032.60 Late Charges $110.08 Escrow Advances $1,578.32 Attorney Fees & Costs of Foreclosure $1,742.50 TOTAL $113,241.89 BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and ag st t e of is and damages are assessed as above in the sum of $113,241.89. Pro. 10-038912 ?y?lE 3l?lU39 ,?-ac?rYas pa, - 40 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. 10-038912 Chase Home Finance, LLC CHE - Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY 11-4649-CIVIL VS. Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays DEFENDANT(S) STATE OF: Pennsylvania COUNTY OF: Montgomery AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. SHAPIRO & DENARDO, LLC By: A. DeNardo, Esquire Sworn to and subscribed before me this day f Lk- kk"Ve) .2011. I )?L Jjtx?- Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise L. Semetti, Nota^, Upper Merton Twp., Montgomery +-ounty My Commission Expires Jury 22, 2014 Member. PennsMania Association of Notaries 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. 10-038912 Chase Home Finance, LLC PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays DEFENDANTS NO: 11-4649-CIVIL 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, June 23, 2011 to the following Defendants: Jeremy J. Mays, 65 Raintree Lane, Fairfield, PA 17320 Kelly C. Overholtzer, aka Kelly C. Mays, 65 Raintree Lane, Fairfield, PA 17320 Sheena Mayer, Legal Assistant 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. 10-038912 Chase Home Finance, LLC PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays DEFENDANTS NO: 11-4649-CIVIL NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Jeremy J. Mays DATE OF NOTICE: June 23, 2011 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Jeremy J. Mays, 65 Raintree Lane, Fairfield, PA 17320 Kelly C. Overholtzer, aka Kelly C. Mays, 65 Raintree Lane, Fairfield, PA 17320 Vv? Christopher A. DeN do, Esquire Shapiro & DeNardo LLC Attorney for Plaintiff ft 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. 10-038912 Chase Home Finance, LLC PLAINTIFF VS. Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-4649-CIVIL NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Kelly C. Overholtzer, aka Kelly C. Mays DATE OF NOTICE: June 23, 2011 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. ik NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Jeremy J. Mays, 65 Raintree Lane, Fairfield, PA 17320 Kelly C. Overholtzer, aka Kelly C. Mays, 65 Raintree Lane, Fairfield, P# 17320 Christopher A. D Nardo, Esquire Shapiro & DeN do, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 `3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038912 Chase Home Finance, LLC ; PLAINTIFF VS. Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 1 1-4649-CIVIL CERTIFICATE OF SERVICE I, Christopher A. DeNardo, 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: Jeremy J. Mays, 65 Raintree Lane, Fairfield, PA 17320 Kelly C. Overholtzer, aka Kelly C. Mays, 65 Raintree Lane, Fairfield, PA 17320 Date Mailed: s SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038912 Chase Home Finance, LLC ; PLAINTIFF VS. Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 1 1-4649-CIVIL CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Chase Home Finance, LLC 3415 Vision Drive Columbus, OH 43219 and that the last known addresses of the judgment debtors (Defendants) are: Jeremy J. Mays 65 Raintree Lane Fairfield, PA 17320 Kelly C. Overholtzer, aka Kelly C. Mays 65 Raintree Lane Fairfield, PA 17320 SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff 10-038912 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy t????.?+ a1 ?AttrrLrr???b t ED_/lt .: " ll ryry ??e t ; HL, L i i !J7 F1RC ,?°f?a 4a lai llFr 1ti' 2 JAH 10 PM 1: 21 Richard W Stewart Solicitor Chase Home Finance LLC vs. Jeremy J. Mays (et al.) ?F 4..C rrL V SHERIFF'S RETURN OF SERVICE CUMBERLAND COUNTY PENNSYLVANIA Case Number 2011-4649 10110/2011 02:33 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 373 Old State Road, Gardners, PA 17324, Cumberland County. (2 Tracts) 10/19/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Jeremy J. Mays, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Adams County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 10/19/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Adams County upon Jeremy J. Mays, personally, at 65 Raintree Lane, Fairfield, PA 17320 on 10/4/11 at 1253 hrs. So Answers: Sgt. Jason Kirkner, Deputy Sheriff. 10/19/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Kelly C. Overholtzer, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Adams County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 10/19/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Adams County upon Jaeremy J. Mays, Husband, who accepted for Kelly C. Overholtzer, at 65 Raintree Lane, Fairfield, PA 17320. So Answers: Sgt. Jason Kirkner, Deputy Sheriff. 12/07/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pa. on December 7, 2011 at 10 a.m. He sold the same for the sum of $1.00 to Attorney Christopher A. DeNardo, on behalf of JPMorgan Chase Bank, National Association as Successor by Merger to Chase Home Finance, LLC, 3415 Vision Drive, Columbus, Ohio 43219, Chase Home Finance,LLC, being the buyer in this execution, paid to the Sheriff the sum of $1,248.40 01/09/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states this writ is returned STAYED. ?r L+C SO ANSWERS, January 10, 2012 RON R ANDERSON, SHERIFF ,' Soum,Sute 6henff. TOPC"5.fl. Inc. yes act 96^72 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which JP Morizan Chase Bank, National Association is the grantee the same having been sold to said grantee on the 7 day of December A.D., 2011, under and by virtue of a writ Execution issued on the 6 day of Jam, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 4649, at the suit of Chase Home Finance LLC against Jeremy J. Mays and Kelly C. Overholtzer, aka Kelly C. Mays is duly recorded as Instrument Number 201200884. IN TESTIMONY WHEREOF, I have hereunto set my hand an eal of said office this day of A.D. a l ?- Recorder of Deeds Reotrdet d dniberrd Court Oise, PA Mty t xpine the Fitt Yondq d JwL 2014 . ,