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HomeMy WebLinkAbout11-7032SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO 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. 11-039982 EverBank PLAINTIFF VS. Timothy D. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Carrie M. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 DEFENDANTS Fil-7r f-C FIC ?i 78441 ' ; ? ? n ?? c :'_, :,; C• ,?'?'; ? '? 12 i;'vl t'? ?T. ~L ' COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: /I , 76 3 ?Z- 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. eK"' 3czs7L S ALL, Z-- a4ys'r? 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 ASISTENCI.A 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 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. 11-039982 EverBank PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Timothy D. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 NO: Carrie M. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, EverBank, the address of which is, 8100 Nations Way, Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Chase Manhattan Mortgage Corporation Mortgagor(s): Timothy D. Arnold and Carrie M. Arnold (b) Date of Mortgage: October 20, 1995 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1287, Page 956 Date: October 24, 1995 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: Chase Mortgage Services, Inc. f/k/a Chase Manhattan Mortgage Corporation Assignee: Chase Mortgage Company Date of Assignment: April 2, 1999 Recording Date: April 15, 1999 Book: 609 Page: 1025 Assignor: Chase Mortgage Company Assignee: Mortgage Electronic Registration Systems, Inc., as nominee for Alliance Mortgage Company Date of Assignment: March 2, 2001 Recording Date: April 16, 2001 Book: 672 Page: 54 Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Alliance Mortgage Company Assignee: EverBank 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. 3. The real property which is subject to the Mortgage is generally known as 6995 Wertzville Road, Mechanicsburg, PA 17055 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: Timothy D. Arnold, 6995 Wertzville Road, Mechanicsburg, PA 17055 Carrie M. Arnold, 6995 Wertzville Road, Mechanicsburg, PA 17055 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 March 1, 2011 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 September 1, 2011: Principal Balance Due $68,970.63 Interest Currently Due and Owing at a variable rate $1,357.86 From February 1, 2011 through September 1, 2011 Late Charges $246.16 Escrow Advances $1,492.49 Property Inspection $100.00 TOTAL $72,167.14 9. Interest accrues at a variable rate and Plaintiff may incur 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 of Intention to Foreclose pursuant to 41 P.S. § 403 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "C". 12. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. § 1707-1715z-18). Accordingly, the Homeowners' Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against 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. Date: ? 11 SHAPIRO & DeNARDO, LLC BY: zb??? Attorneys for Plaintiff S & D File No. 11-039982 R ni.'SCGT P.:IeCIER l Q R I G I NA L I i(AND Cor DEES OUNTY- PA ° ?Z? ? X133 raw Nusdrr MORTGAGE cumin Ahl" 2&K NW1t*= CDOMMIOM 101111 N0. 1500 No= lot's v0 srf b=RO8, LA 7=01 11118 MOR.TOAOB ("lWaty 1.ed QV-t`) L Sb- b DCIQUR 26. 1995 Ths m01Kyw is r111DlAY D. MMOLO am CLAWS M. 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Mob awnrd Mw.by, "6 dm.d.above Pmt Of *A bAisibgity N omolow ho 60 ho"W". 811E Aran °1' am be titifaiad by Lords wbo Me ftww t sy of i..lu qp. i0 a* &M w LAabf 0 MUM a Moil a a now bmnmt Pal= a dm Awnury. 10. td mOkb al. Bone w ba a *M to 6 -6.ww if Leda bn ai**w b..W b pyam0 b hA burr M A-w" '0 *am to p w a ambml dw abds 6ec Kale w air sscrs* hope mlL ju d& t pp" dw, a%, &,Oaken POMMSdbsd ae iWbd.L To eindp MO Saw iW bMm...L ¦..te.•?'*dI bodes Ir. t®P um ON ammr aetPtind a bti.s lewwuW f mWMA ametral 108101110J. 10 dw @awt fW an eblW= Of Mallet 4 undef gM 30,ft Gitowwd r`4, , '0 11" a.d 00-Y Wl-ow A- 1d a"- pw* m..*w with tlw bmbmm PtOOftdiftF UP- mbd.e- by nmmm, Mil lam* l.etmaW ..d ilia eb4,b.w M b -pm till mob Y omm • ItIa dW had mi -Ff" iee.dlfibWj ani. 014. H m, JAWw is ad tapM b pMk eaWm.mmd iF G) Linder bat aa.pad Miaalm.waat edta 160.omp.owettsl of FM@d r. pmm.diiw W Wd Mo eoonbmee+mt of • eaannat b.wbwaa Peaoeadbs. (14 -1-6-0 will PMe11da btae a M&MM smowt w 610A+ e1(14) Mkoklewatwig advwWy WT-t or pimtb of do gm eaawd by ei. swm* bt Ml L Il. RarrbwarlV.! kOatrAdf ?b.hemeati.. yy Iaadlf Pte! 4 WeJas. 8ae.riar at 010 wG1. vep0ytimat a eodil>arly of emadbtim d dM tame a..Wd by dlis smu* tm•MaMK Sm" by Lords to epic "MMU b Plane of J WW M ibdl IW q Waa a teI I des gdilby of W.ao&g flnfoww at bm~a a AMW b iMm, Lm dw"mt bb ".W NO ammmM Peoe.di W qP" My NOM M b bknA or left. to wind dm. ib, p,..w w OIbAtNiae Ay am.lltadw of iL Ills mated by 60 bmWV Lw.e..st by "M of ay dame each by b odour Bmawf or fimtavlWo m.vmewe. b WWW' Amy Wb.m.am by fader im tuWidos aty risk of mmady dub mg M a wmiwr of or fads Aa datteia of my rills as no*. p `'i? ma 359 IL Ntprors and AWam amm4 Jaw and Sorrel LbM tyt cpagears. 7bs awoame and gromeeaa d" iamtatb ImSbttasat sl.R WO mad bnesLG mss oboorasp wt aadmw mf ldrdr amd awtorwr, adjswt p ate wwWeoo of lssip*MS' 9.6. LmtoeM"e esVSrosM rd M? WA M jaiet si aY/rd. Aq' lata?? WIM Msiptr tlds irtoYY bewma" bur done mot WAMb to ma; (a a a arfiy ws S =i f bm," es 4dy in mor"'pw, rvat ad wavy am tatrww'a tdaaad 14 dV loopyolder it MM of abs frailty hmmmmdl (b) b od p.rmow oidifiew a p W dts swan ..a..d 4 d& leaalw l.anme ale ad (e) aptail dut UWar awl my adw Bonatrer amy assn in ammo, modify. farbaar of Madre a.ty smaxamodaminse wblh t+ptd to die w.ov of dAls lewrity 7rta ses or die Now 46" *0 Sonoaar'a rosems. I& %Wkm Aq wiles q Ssrratesr /rovidrd fr in dLM New* lamm a al"bt par by ddirwlrz it w by mmallia tt by dnS alaaw mWQ sober tppSatbl.6w sow we of a mibr sd" 7M mrlae.WS M d'iratsrd o $. Dtapaty Adds. or any a" tddnw RMO Mr dmfpmba by 2011101 130 LM16r. Any notion a Lee" A& be tva by tint also snail a Undies adAiw astal banbti m al od6mv L Klw A Sinn bys ou net aetrdwtr. llsy wpm p rAdtd fu m ddr Swwity Iatbmmid"be dteasd a hats beat atver b barewer ar Loehr wham pvmt es prwA&l L d itperipgoo. 14. Qagrtlna Lew; See "ir. TWO aaavrdy I.AMMt 64 be severed by frdaw law ad ds ker of the jbdadto W b vA ith Ib i'atprp it loomel. In W swot dot my perAeloa er dome s4 66aradgr buWvmmt one"Note eeolaeltwMt+ppt(nebltlorr,atilt sdSot i6aS std affil arbntptoviatea.addd. Seaeigr Laataead m WName wiiab one be Giro adlsa 0 %90 do north "P° ".L to d& wed don pmvLiers d Ads ii-Illy fatWW" ad Ma lisle NO drtamd to be ammalm. is. sormwor's Copy. llono wee Ad bs Owes -oaolhtsod copy of"svawity lodrumad. 16. Avvar ewtt of Rook. Bbiffmr amtowtdodY MAW and baemfna to Lahr all LW MO sad Movies d lid pie". Son.wr aaffiwirtw Under or Lrodera aaesa to aellat die asdaesd svessas and booby drarb cools lams of 6e pmpery a Ph' as nob in Leader or Lsmdat't gates, dlamavar. PM It Lrrdr`a aeliat It Saao..r nlllmtowm'ibm.A of .ay aowaad it epaasat in 46 ieomity I.abv..ad. Daaeaaf abdt Wild and monies all INN aW rsMM Of the Ibopeily wa mass l or tbm bank of Laden and Rammww, 'Air trip amot of radon 000101AWN an abductw arlaaaamt and eed an Wammaet im dditiaent.ettirtty Mb. a Lamist yirm smites at kmk to Senowwt W all tests waived by Venous AA Le held by Smmwr r Ironton Im benefit of Lander ally, a be applied a do mama nand by don stawity Immumalt (b) Leader AA be Obw a moll a sod mcaiw d of M mob it Ib paperg, end to) seek tuns of do pmparty roll M A aar dam ad mrptW In, Laadar or Ladr't areas me La bea whiles dra¦ad lo d* imral. soawtwvr bw am eaenled new paior awk moat at limo read and 1W act and Will ad paims My Get Mat woum pffmo Ltadr btam rnrdrtas 1b dpiw vases We pespspls W L.dr hilt d" be ragair.d to r.lr spa', tabe ambol of or a siaWa the property bsfoa m sear sivaa alias of bawls a Borrower, Hmmrear, Lndar wmJ pddlyof rt.atvr soy do n at aq dsa Meta in a b.asrh. Any rt+p en of ..eY abM ad assent w wades aq deAMis w spy Odor tipltt a smMdy Ot Lonrho. 71tp madsas.t moll of tl r ptvpwiy arch araloda Am as slob Sutural by hba stemiy b summa m is paid a felt. NOW4Ulllpl)Rld COMARM Settwow mad Leader fu*w oevemw ad mom as IoUwm 17. WarwOmn Fneadur& ff Linder ngdraa itesradeta pumrmt to tall under pmrgtapb to Lndr amv loralmt thi Sanrir fabtttarmi bon JWMM pama"Mg. Lady aYll be 004101116 MAW all apsom Isam l he pmmtda{ Ws meets pro, idpf hs &k parWq* 17, bKt Aber, but Oat IW91W tb atlatotfat Ane and ads stMb rrldears. 11. Adaeaw Upon pa1'uomi of as wait mowed by We daadlp toneomat, ilea Awwft Wmasat ad goon sow %mveyd aids eealfaale end baaoo void. Mr ash aoewrmme IMMW shall &NCIIArps wed .may dW laamily MOMO ai wtaaad dwo In Avnres , narrower alert pay eery noatdfida s aaYv it. 1 UM& AMW*a, b des stet pwrridd by gps-W* low. waives ad Macs my tones or 4duk is Popsdiddr m aelbaa sea IssueiU Submaeemt. amt Malty wmivne dine booNk army lataane w Juno. WAV protWMV for atyr of anasiaa, utaaioo of do% asaeplkis tms dsdmmL levy ad nab, mad brmemo0 atnaptiaa. ?a1Vq.rM ua.. neon 60 1287 PAGE 3SQ Lftw Mo. 2m. vauWaimmms to" Bo.aMt.r'e *w le nbulmo provided is pua pmpb tO *d? mead to eae befit pier to the 90=0=00A W or bi "M At o dmwws ate or ghee od?putwtut to Wb swidl7 bubmawm. to 00 PMIWW. SIN 8Mk* bA nmmt dwA lp ? V&4w re mmW esalpN, last it to b d01NWer b v,4W.s YNte 22o 44vig late At1r AwkwedL Bwwwer epmte 60 do lakrut afe pey" Aar a JUdtmtmt io CetYed 9a do Note or in es "M Of wrivo 4wo4w a "I be thews payable fmat #mw b dime .We! tM Now 7J.1tWam m fhb 11anrltp yr ose er men rldwm em eme/dteL br AonmHx etd attoltlmd bpi wa ail 3-AK l-b-0v4 ae eprtpemq Orma mob rider etrq M konptawr mio snd /Wt ma-d nsd appirmtat ate covlaau lad yplsMp of fhb 3w&* Ialnlmook r IFtbe dd*W wove a put o(dtm' 8- ity Imam ak [ChltkppHo"%-("I 8 CaadudA=RWW Q dwted"kidw oQWPp oifrl ?Ilppq/ oak Devdapmsr ttta.r dtw)et zqw ? kwu OENRIM V "M Kybug Ra"AnuirATIOa RION BY tIONN•t? at OW. Bow%w Mop" and epieer to tlw tHwo i0gWwd la due 3wuW 19lMUmlm ad is any fide(.) ai w-bd y' Bwm-w lad atnrdod *fib tr. vrmaMetC AMm 44mmw .-cdlw 64kid,MNOta •eeNert CURD Vk O CmtdlwtedAatdalee 4 JAM!! tltir the %*Wp{pmmed I.emder Is 4915 INDtpltNbE7ir,'B fMAl0/AY b hereby +.efiikl d-i A- wzn t addMU d 2AtoAp FU MILA, 33694-71146 witolpmyhawIbis 28T" d/yof x995 AAPRTT ,yutsft.r. . Co oNVVtw.art or?r / Nam v?xtA.? {QW&RALAND cowty w. Gt Ci(A- QS ()I tbie, d* (??'Lll day d t fa -r bofte ", do Umdernamed 9Bkmr, wm' ksolra eo fit [fir ufotaetatlly RrQpq? b b the i>ae0- wbale m.me Ittblwibed a am witbio kdomm tad mdmswLdpld aw . r? IN wffwxu WHOR . I hettlede al my had and ofynad rpt ,.. : my OwA iaied B.phelr in ?aatewlrww W.1A. :. •.i ??Olm.r '^ 4. •i tYa1. NOTMfN. SEAL G WzmkwlR mo6ttr p r' a boav.8.y fa act . r .= gv,u.r. c?Hl&.a' CFdlnr'- irNy .':xn . :.Y..:..r.. - ?.:4•n. e.,..?+ . . (..<'<?.. _ _- . _ ?LY.L ?Blix Oi ti ttaat o£&nd Fituate In the Village of Wrrt vj lle, Township of silver Win nap County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: ASGIDIIiYM at a point at the iatatsaction o;9 the Miller's gap Road with the State Roved Is fzoa Wertsvills to =nolal whence along said State Road, 4lorth 64 /2 4agraes Yaot, 84.6 perohae to a points thence along tho, line of lands now or formerly of (aaxvar and Hest, North 9 1/2 dagrees Rost, 12.• parches to a postl thence Soutb 86 1/2 dsgrces gsst, 53 par"** to a stone in the Niller'o gap Road] thaace along said road, South 1 112 ddg"" Nast, 14.7 perohas to a poiait in the Miller's Gap Read and the State Road aforesaid, at the point at s><G PHINg. PAVIIG thax*on created a two-story frawA dwelling house and containing four 141 acres and 96 pemhos. Ulna the sass, promises which Timothy D. Arnold and Carrie K. Arnold, his wite, llortgagar's, by Dona fxar Vlrile C. Shur, Jr. and Joyce's. 6hur, his wife, to be reoosdod In the Office of the Recorder of Deeds in and for Cusberland County, Pennsylvania. boa1297 nu 362 ADJUSTABLE RATE RIDER THIS ADf usrAwS RATS RD) ft Is tmd9 ddo coat Aar of 66AAmWeimD.adofTni11aaar;gri.w('8. i L?ht t?ufilr bfe+h.dwdpu ( '" A" ?y d ?w tma.t:y.d " troll, A oxvu9lta a7ROat??:tos (th. •Ltedw•) of u. rtWte a.y Md aoverir? per deeafllad bt 16. aeoutBy faolntmmt sad kaawd u 6995 MtaTnIL" ngRp, amcaBO eatsm. PilIIIaYLt)aalnt 17056 (M.ltMf Aaanwl Tf= NOTE COMARM MSOYtM 114 ALL43WM MR CIUNGW IR THE RftWLar 9ATt AND 1718 MOMILY DAVOW THR MM Lbl M 771$ ANOW37 THE MMWUI HATE CAN CLINGS AT ANY OPT TIM AND TW MA71plN M XATE TM W=OWB>t UM PAY. ADDI71ONAL COWEIMAMM b *Mdm to 66 *mom* and eafaemeaU M&a in do 8wwitq Imrl9Mal bbnoMwmd Leeds [WOW aevamd and yma ac idbww WMW RATE AMO hMOrULV POMM CRiMGU W CA MpDrcr Th? iNlret aM May dwtp as i6a &t A.r of JA m y 1997 aaA so drat b of arh MM-r •c mp DVA' at.sa..cb dtot. co which tba mw at ?w ooodd oheoar y (8) 7]M Gds BllbMkkd wer m. AN lisp D" 96 !moot MW will be bawd an w fodea. •1Wa[• MM" do tr.ddy --P *W w wuMd O&W TMML'Y SO-"" 44W W 10 a Omwbm MNWdy Of aM YON4 m mate avaibl6)a by 60 FWWA Raw% *-ML •Cmm Mda, ma on =at mw Ieds Baba a WMA 30 drys biers no Cb.oye DYn. If do left (N defaed Abwo is m loom ar.Babla LW.. wli no r s mw lo" my -dm pusDed N rig 9enel ty. A. mW ie Ibis Ridaq 'Swmiwy mmw' Ibe bapawy .f Soodpg awl U&M Dwdopmml -Ai. w tilt dpgpwa • LMdw will diva aomww Daliea of du mow bdax. (C)Cdar4d&uit *IMAMChat%aa Sobn meh Drta 1atdw wdi adatbda a mw m bn.t wt. by mL GW • tm In of clw .t b ' =a rtttttdlaa 00 em 10 am new.e It km of l pmemb" ) ( o y 1G) M u,. t®im dual i4 Mawatvh (D) of 06 Aidw, this of as D I (9. wo wiW( t m dM wuadod aaoea.t will 6. 4. mw )ntwem aua wlEt Db Mrl Chm>• Dtw, m UmIa an Lrwat 144r Cbmwa Tba 4ww rrb. w4 Ewa iaeetaaa of d9KMM by ateea *an am pwmrm a p*t (1.015) eo my ain& Chow Due. Dw bdsat MN Will nary be mm. than five p do*p pmv& (5.0%) btabw of Wmw $M the i.ieid iltereel rata t7el trt lW IMiMW AItM Ritr-1M ?ia1Ni.NA! wrMprtaw.rawMt•I.MaM.iwlt.nn __?1%TI ? 6od(1?,$7 ma 063 °dsreA1 21 EA%m we. ow caimrd.m d>ypm...l ca?mle fe me bWnN ma ahmis as . Mdds, Doh, Ldsds wig aliadw de sanmt of mamrly P'yO°t or Vm,iw? and btmmar wddl Valid bm mmlm•+y to many do MW Pindpd bdaao. It "r An -MW daa at n. sow WNW odto nsdsil aahmsddBY "W mo-d- L mot reels mdouYtlod, LWAW wll on lb u,Md p,.4d batadd. w" wodld bo ow,d r du Cbmp red. H Ihw.bad 6m Pa &td* is pop-di r dv No1d, o,dooed by of msdml dIW i b pristipW 'Eb 2alutt of WII a)eupue. wBl M dr moodet d dw mw woo<b1y two-mat of petdcipd a.d idul,d. (liNe"dCb asm Lmdw -M livo *mks m Bvn.p,r of my .bury im gybe Wwo ma ad smdhly pgMW asaudL lb wbi 0" M stY1m at burst 2f daps Isfees 40 -Wmditl pmpolloi eror to dr6 wd ado so " 0) die "dlro lid" On she CLUO MW "lu lid hums edN, (iv) sow Irtmmd w4 M Or odw mm9wy "Ad Of M"Aft 60 MhoW WW "MAN ? b a a - ate b ii° 6" do" * 6"' ift w.anty pyraaat MWAA,, Md (•iro) syl (iii wredu PAN of Chow. A sew hugo o lW cdook" id WK40466 Wilk POPO d (C) Md (0) of WE Aldo wlil bmwd dRIOVO as 0. CLUO two, sramawoe dux "a iv®r in 1M mw rMMW m"M wedht od *& tlnt pgmW dW WWb ,oemr d W_ ii dgd at_ I_& Wa pvw Bomman.Il dm soda of &uwm mmdld by OWM"h (P) of 66 Bids. lsasw m Ibex bwm w 04phm I. p w limy b.a+r 4 dI. sa•* ".a memo ede.fasd it oonW"W wish puqmb on of We War flit ev pwmot lids ONWAS isd Om 2% dq, diw Lrda bs *M d. myob.d MAID,. pan ad,ft payer aoaomd ealwWd $ otowdoas ddlh peVeM6 (fi) of di, Bids & .and, hat L,odw raged b SW ntodY -60 of le. deodmoto w d xonea r eddo my awdb p yw" arwmp ws ,r g obd p r wl,moud *" A" haw bmm dbdod Mtn irlsoo ia", o a r t omm bm do oPiim b dnov 0) demand dr sow. oa bmow,r limy odor popmwt 'as U N 09W b n, bdad Into 0" eboldd bw b,m AgW is ¦ tiWly d Wot at 00 p*W War may taws pgemt, win WNW Ihmsoa at n, Nam lids, bn andw M paysmmt of Pdm*. lmsdoe miami "b matam say "m vgmmt wln wasot 4 dmvw is mK s pew*- I &A Noes b 6"wiaa &Wooed Valor Ow dadsed hatmma i¦ rode. BY AWNM VHWW, 2-- --* MA mIP- a d» Maidv and `*m 'm ms "&W b'k Ague' AaM Rider. P - • •rf swNOLD yew.mt rsolt) rselp -•-- plan Arw7fir time Mm.nd w ) 4ft"'ta'"am P? v.12 VW- LO..87 199 964 FICA B&UAWITATION LOAN RIDER 71119IIgNA6fLf3•ATMLOWTJDIDIkmmokie r 20721 &Y td 0Ct0m, 1998 eee le kMO11Pd gtall Oe etxei04 b tonmdaigteppk0asat ahs Mveyr6e.lpeod Of Travel at $eatdryDar2 {?9anrrltyIaatittuaaP) afliM WIIC d2a Idraa bi fle 9?l? oartaww-; to norm Berrowa'e t<Ota 1'I?ers'7 w (BASE Ii4tAmmATTAN MORTOAGR CORPoRAT10N (-Und4r-) Irtha emlydlas wad ae nRr rke paytay? 1laa16adln tie &apri9' ladteean pd katlod u: 4995 WMnTALLB LOAD, b6$".lt MCMNO. pA 17055 pvwuv Addread ADDIi WA);,QDYSMA?(M W addpge q tWooMNM od?o a meNS mW' is 9r Swwhy l*mwontr Barrowtt awd dtaktdet h6a okneeat nod adraeuikib¦a: A. LMplpopadeam*beO&WWArakpaoeerriseea0 AM%sill)ibeLdtebdh5O aLOUAIIWWW dyad OC1om 2018, 1995 bel "ommmtaaLader, 7ltkaposmom idatrpwated br ttRretceaed Waal a ptt dYda7 kroandk Na atAltnooe rit18l itoaade ttaleas aP4rored ? ?+ tteawrydllwdtgl aad Ul4an Darlapment or a DwelRodoacn+nN lttdwdsar. B. IrIke rak Ktattaa it n01 ptoMly aWWAIad. pQ(artoad Wilk maronbktllfde AII, IN 12 dhmwlmed at aap dm nmplfor9."OrloiwwAuLmderkTwAldtdtit!?aatkadl?btmoIkea.tt>-ri 10 paowdieIehIWwwnIngmvcw waadpmpatp5valAry4eartitneOdyttt?oontrad0ae4ktkq pft?%Aoiww to --0&1 ft 10pdnwau% J ft b? d4dbo lks ? ieikn pftft, a" mmusA %V gow d ,:r &o fraudW tdolnarot and be du aid?soaklo aw dwwmd wdtb kltaal on m1 am in at Note, C. tf 0*0o w (414 to Pedbrm my "Oim "add Ike ken. 1f4ow s on elemommeaex w4p oom 05000 pm4dW Oft IIek&AkW ALoaAte, and mak MUM*Wittaa for a pn10d af 30 *m ow Am ik4 u Ike opdm art "dw t0 it, dobttR BY y1GNWG UWW. Bwower MOWN old Ipaor w OK WOE md Wmamb ennuimd in Wide Ibhakilittttiaa Lao gift '&1287 egt 965 ! r? C LAL) T BotsOwer B A-, 4,Otd (69AL) K. ARCLD sanow" _? (6EAL) CA of Ftmtt:ylV" 2 SS Ct...,tr ul CuatbOrlaltd j led in Ih0 0lllce ld MO rm`ardbl9 Of DPOO. lard rlpad C.aYn1}!? _ 8 vur? PALO"-1yl(J n I We my he w ORIGINAL ADJUSTABLE RATE NOTE FHA Cam No. Multistate OCTOBER 20, 1995 LOAN NO. Pat$l 6995 WERTSVILLE ROAD, MBCHANICSBURG, PENNSYLVANIA 17055 [Property Addrwal 1. PARTIES "Borrower" moans each ?er8o signing at the time of this Note, and the person's successors and assigns. "Leader" means CHASE MANHAWAN )A GUR CORPORATION, A DELAVARE CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; AVTERE.ST In return for a loan received from Lender, Bor=971M to pay dw principal sum of ONE HUNDRED ONE THOUSAND FIVE 60/100 Dollars (U.S. $ 101, 500.00 ), plus interest, to the order of Leader. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Leader, at a rate of SIX AND 50/100 percent ( 6.500 %) per year until the full amount of principal has been paid. The interest rate may change in accordance with Paragraph S(C) of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a ment of principal and interest to Lender on the first day of each month beginning on DECEMBER 01 9 1999" , Any principal and interest remaining on the first day of NOVEMBER 2025 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at P. O. BOX 31123, ATTN : CASHIER'S DEPT. TAMPA, FLORIDA, 33631-3123 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest will be in the amount of $ 641.55 This amount will be part of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and other items in the order described in the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. 5. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of JANUARY 0 1997 , and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index' means the weekly FAA Midtmtate AdjwM&k Rate Note - 4/92 (00-590192081 YMP MORTGAGE FORMS- (3131293-9100 -(900) 1-7291 Ppa 1 of 3 1II1/t=1?1 521STSA8000132550 9wat 1111111,11 LOAN NO. average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. 'Current Index' means the moat recoat Index figure available 30 days before the Change Date. If the Index (as _ defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in _ Paragraph 7(B)). Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate b adding a margin of Two AND 75/100 percentage point(s) ( 2 . 5 %) to the Currant Index and rounding the sum to the nearest one-eighth of one percentage point (0.12596). Subject to the limits stated in Paragraph S(D) of this Note, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The interest rate will never increase or decrease by more than one percentage point (1.096) on any single Change Date. The interest rate will never be more than five percentage points (5.096) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change If the inter rato changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the Maturity Date at tie new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes Leader will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs S(C) and S(D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after header has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph S(E) of this Note for any payment date occurring learn than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph S(E) of this Note decreased, but Lander failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii) request that any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. 7. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Leader has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the and of fifteen calendar days after the payment is due, Lender may collect a late charge in the Amamt of FOUR AND 00/100 percent ( 4.00 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Larder may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent -590 102081 ---l T J Page 2 of 3 LOAN NO.? default.. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. L WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that waist be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 10. 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. Leander may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower 44b and agrees to the terms and covenants contained in this Note. Without ?acRurse, o The Order Of Chase an attawQ?brta orooration Yo Parker, Assistant T 'f R1=t;3UR8E py nHOU F CMSE MMGAGE COMPANY G1+,RY M. 4. )ACE PRESIDENT 0/_ -Ar (Seat) !t Y D. AMMO LD -Borrower (seat) AAa ?? ("_2 __ a A? I E M. O D -Borrower WOO 0030132550 XIQ N, -(Seal) -Borrower -(SW) -Borrower ®L-690 M20e1 P"a 3 of 3 v EverHome MORT0A0ECOMPANY 8100 Nations Way Jacksonville, FL 32256 Homeowner Solutions Group 1111111111111111 7182 6389 30e0 ,.oo 7481 RETURN SERVICE REQUESTED Timothy D Arnold Carrie M Arnold 6995 Wcrtzville Rd Mechanicsburg PA 17050-1541 May 18, 2011 Property Address: 6995 WERTZVILLE RD MECHANICSBURG PA, 17055 Loan Number: =Now Due Date: 03/01/2011 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: YOUR MORTGAGE IS IN SERIOUS DEFAULT because you have not made payments as required. The required monthly payment of $782.35 was not made by you for the 03/01/2011 through current month's payments, The total amount now required to cure this default, or in other words bring your mortgage current through the date of this letter is $2,347.05 . You may can this default on or before 06117/11 by paying to as the above total amount of $2,347.05 , plan any additional payments and late charges which may tall dae daring this period- Such payments must be made by cash, cashier's check, certified check or money order and made payable to "EverHome Mortgage Company" and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353-0579 DELIVERED TO: 8100 Nations Way, Jacksonville, FL 32256 If you do sot care the default by 06117/11 we intend to exercise the right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If gall payment of the amount of default is not made by 66117111 we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you may have to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you A411 have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include reasonable costs. N you care the default by 06/17/11 yea will aet be regaired to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default by 06117111 and foreclosure proceedings begin, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's or other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs or other similar official's sale could be held would be approximately seven months from today. A notice of the date of the Sheriffs or other similar official's sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may obtain the total amount due by calling us at (800) 669-7724. PAGE 1 OF 2 fpopuftcm-1C it C,. You should realize that a Sheriffs or other similar official's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs o other similar official's sale, a lawsuit could be started to evict you. You have the right to assert in the foreclosure pr dings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU HAVE TI PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MA SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BU WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OU CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT' THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. COl DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. Y HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BE] If you cure the default, the mortgage will be restored to the same position as if no you are not entitled to this right to cure your default more than three times in any Sincerely, Homeowner Solutions Group Helping Families Find Solutions PAGE 2 of 2 RIGHT TO SELL THE JRROW THE MONEY HAVE THE RIGHT TO ER OR TRANSFEREE STANDING PAYMENTS, IE SALE, AND THAT FACT US TO U HAVE THE RIGHT TO had occurred. However, r year. Ever1-lome MORTGAGE COMPANY 8100 Nations Way May 18, 2011 Jacksonville, FL 32256 Elomeowner Solutions Group 7182 6389 3060 1800 7498 RETURN SERVICE REQUESTED CARRIE M ARNOLD 111 TIMOTHY D ARNOLD 6995 WERTZVILLE RD MECHANICSBURG PA 17050-1541 Property Address: 6995 WERTZVILLE RD MECHANICSBURG PA, 17055 Loan Number: 4?=l Due Date: 03/01/2011 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: YOUR MORTGAGE IS IN SERIOUS DEFAULT because you have not made payments as required. The required monthly payment of $782.35 was not made by you for the 03/01/2011 through current month's payments. The total amount now required to cure this default, or in other words bring your mortgage current through the date of this letter is $2,347.05 . You may cure this default on or before 06/17/11 by paying to us the above total amount of $2,347.05 , plus any additional payments and late charges which may fall due during this period. Such payments must be made by cash, cashier's check, certified check or money order and made payable to "EverHome Mortgage Company" and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353-0579 DELIVERED TO: 8100 Nations Way, Jacksonville, FL 32256 If you do not cure the default by 06/17/11 we intend to exercise the right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made by 06/17/11 we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you may have to pay the reasonable attorney'sfees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attomey'sfees will be added to whatever you owe us, which may also include reasonable costs. If you cure the default by 06/17/11 you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default by 06/17/11 and foreclosure proceedings begin, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff sor other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges due, as well as the reasonable attorney'sfees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff'sor other similar official's sale could be held would be approximately seven months from today. A notice of the date of the Sheriff sor other similar official's sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may obtain the total amount due by calling us at (800) 669-7724. PAGE I OF 2 You should realize that a Sheriff's or other similar official's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's or other similar official's sale, a lawsuit could be started to evict you. You have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, Homeowner Solutions Group Helping Families Find Solutions PAGE 2 of 2 EFOF58/NCPI]-10 VERIFICATION E. Michele de Cram hereby states that he/she is Assistant Vice President of EverBank, in this matter and is authorized to make this Verification. 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: q ` t-1 I 6N-amA-E. C e e Crain tle: Assistsntlrce President Company: EverBank S&D FILE NO: 11-039982 Timothy D. Arnold and Carrie M. Arnold SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1 H Y Sheriff p u1 L4C1 n6PlJt?,G ^ t I ?r•+i ??! f? " ?" f Jody S Smith i Otitlt Chief Deputy Richard W Stewart a Y -, Solicitor OFF ?z F:IFF' EverBank vs. Timothy D. Arnold (et al.) Case Number 2011-7032 SHERIFF'S RETURN OF SERVICE 09/22/2011 06:42 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2011 at 1842 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Carrie M. Arnold, by making known unto Timothy D. Arnold, Husband of Defendant at 6995 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. A HALL, TY 09/22/2011 06:42 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2011 at 1842 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy D. Arnold, by making known unto himself personally, at 6995 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true an correct copy of the same. HALL, PUTY 09/26/2011 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 6995 Wertzville Road, Mechanicsburg, Pennsylvania 17055, 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 Occupant. Request for service at 6995 Wertzville Road, Mechanicsburg, Pennsylvania 17055 is only occupied by Timothy and Carrie Arnold, Husband and Wife. SHERIFF COST: $85.00 September 26, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c coun?;Sotte S' en't Te,eos n wc, 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. 11-039982 EverBank PLAINTIFF VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANTS 1 ? -4r11? 1V. f YLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7032 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $75,183.91 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 $68,970.63 Interest through November 1, 2011 $1,745.82 Late Charges $276.78 Escrow Advances $2,588.73 Property Inspection $140.00 Mortgage Insurance Premium $58.95 Attorney Fees & Costs of Foreclosure $1,403.00 TOTAL 452 $75,183.91 1 BY: - Christopher A. DeNardo, Esquire tome r Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and nst e e is and damages are assessed as above in the sum of $75,183.91. Pro. rothy. 11-039982 aM? 4L\(4.00 Pd - i ? a(4 1V-9 S Nam- N ? 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. 11-039982 EverBank PLAINTIFF VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY 11-7032 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: Christopher A. DeNardo, Esquire Sworn to and subscribed before me this -! -?-- day qf-?.?C"?? 2011. i Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise L. Semetti, Notary Public Upper Merton rwp., Montgomery County My Commission Expires July 22, 2014 Member. Pennsvivania 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. 11-039982 EverBank PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Timothy D. Arnold and Carrie M. Arnold DEFENDANTS NO: 11-7032 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, October 14, 2011 to the following Defendants: Timothy D. Arnold, 6995 Wertzville Road, Mechanicsburg, PA 17055 Carrie M. Arnold, 6995 Wertzville Road, Mechanicsburg, PA 17055 Meghan illiams, 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. 11-039982 EverBank ; PLAINTIFF VS. ' Timothy D. Arnold and Carrie M. Arnold ; DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7032 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Timothy D. Arnold DATE OF NOTICE: October 14, 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 tornado la action requirida de su parte en este caso. Al no tomar la action debida dentro de un termino de diez (10) dial de la fecha de esta notification, el tribuna podra, sin necesidad de compnrarecer usted in cone o escuchar preuba alguna, dietar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion a uri 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 direction se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Timothy D. Arnold, 6995 Wertzville Road, Mechanicsburg, PA 1.7055 Carrie M. Arnold, 6995 Wertzville Road, .Mechanicsburg, PA 17056 Christopher A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039982 EverBank PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANTS NO: 11-7032 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Carrie M. Arnold DATE OF NOTICE: October 14, 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. NOTIFICACIO'N 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 notif icacion, el tribuna podra, sin necesidad de compararecer ustedin corte o escuchar preuba alguna, dictar sentencia en str contra. Usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente pars tal servicio, vaya en persona o llame por telefono a la oficina cuya. direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencie legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association ' )2 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 DEIST. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: 'timothy D. Arnold, 6996 Wertzville Road, Mechanicsburg, PA 17055 C,,u-rie M. Arnold, 6995 Wertzville Road, Mechanicsburg, PA 17055 Christopher A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039982 EverBank PLAINTIFF VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:11-7032 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: Timothy D. Arnold, 6995 Wertzville Road, Mechanicsburg, PA 17055 Carrie M. Arnold, 6995 Wertzville Road, Mechanicsburg, PA 17055 Date Mailed: I ? BY: Chri opher q Attorney for Plaintiff SHAPIRO & DeN O, LLC A. DeNardo Es uire 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. 11-039982 EverBank PLAINTIFF VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7032 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: EverBank 8100 Nations Way Jacksonville, Florida 32256 and that the last known addresses of the judgment debtors (Defendants) are: Timothy D. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Carrie M. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 SHAPIRO & DeNARDO, LLC BY: ens- Christopher A. DeNardo, Esquire Attorney for Plaintiff 11-039982 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Timothy D. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 EverBank PLAINTIFF VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7032 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYCYAIIIR? CIVIL DIVISION =? - PRAECIPE FOR WRIT OF EXECUTION Caption: O Confessed Judgment , -' O Other - r EverBank < CD File No. PLAINTIFF Amount Due $75,183.91 _ o Interest November 2 2011 to MaFc 7 2012 is $938.52 - vs. Atty's Comm Costs Timothy D. Arnold and Carrie M. Arnold DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: 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) ana aii otner property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: IC}5- II Signature: Print Name: Christopher A. DeNardo Esquire ` Q Address: 3600 Horizon Drive, Suite 150 T 8 5.06 Wr King of Prussia, PA 19406 tt « Attorney for: Plaintiff q.DOapu" Supreme Court ID # PA Bar # 78447 I a•?j%La Q 17,.50PA ??. ao >e lo. IT. 5DL2. CIL k 3(c3?C)?. V_t4-.)U6gd?15' v?/if BF ?? ? ss,.?d J ALL THAT CERTAIN tract of land situate in the Village of Wertzville, Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the intersection of the Miller's Gap Road with the State Road leading from Wertzville to Enola; thence along said State Road, North 84 1/2 degrees East, 54.6 perches to a point; thence along the line of lands now or formerly of Garver and Best, North 9 1/2 degrees West, 12.8 perches to a post; thence South 86 1/2 degrees West, 53 perches to a stone in the Miller's Gap Road; thence along said road, South 1 1/2 degrees East, 14.7 perches to a point in the Miller's Gap Road and the State Road aforesaid, at the point of BEGINNING. HAVING thereon erected a two-story frame dwelling house and containing four (4) acres and 96 perches. PARCEL No. 38-13-0985-080 BEING the same premises which Joyce M. Shur and Verne C. Shur, Jr, wife and husband by Deed dated October 13, 1995 and recorded in the Cumberland County Recorder of Deeds Office on October 24, 1995 in Deed Book 130, page 22, granted and conveyed unto Timothy D. Arnold and Carrie M. Arnold, husband and wife. 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. 11-039982 EverBank PLAINTIFF VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANTS !w i?G A i0 Tj '..: «t f??t4tNO CtO' Uj?NT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7032 AFFIDAVIT PURSUANT TO RULE 3129.1 EverBank, 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 6995 Wertzville Road, Mechanicsburg, PA 17055. Name and address of Owner(s) or Reputed Owner(s) 2 3 Timothy D. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Carrie M. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Name and address of Defendants in the judgment: Timothy D. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Carrie M. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: EverBank 8100 Nations Way Jacksonville, Florida 32256 Penn Waste Inc PO BOX 3066 85 Brickyard Road York, PA 17402 CACH, LLC 4340 South Monaco Street Denver, CO 80237 4. Name and address of the last recorded holder of every mortgage of record: EverBank, Plaintiff 8100 Nations Way Jacksonville, Florida 32256 Americhoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 6995 Wertzville Road Mechanicsburg, PA 17055 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: Christopher A. DeNardo, Esquire 11-039982 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. 11-039982 EverBank PLAINTIFF VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANTS t 1 11 o- ,nil .-? /r tai - - z ?"'syL4,^? 14 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7032 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Timothy D. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Your house (real estate) at: 6995 Wertzville Road, Mechanicsburg, PA 17055 38-13-0985-080 is scheduled to be sold at Sheriffs Sale on March 7, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $75,183.91 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to EverBank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I1-039982 ALL THAT CERTAIN tract of land situate in the Village of Wertzville, Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the intersection of the Miller's Gap Road with the State Road leading from Wertzville to Enola; thence along said State Road, North 84 1 /2 degrees East, 54.6 perches to a point; thence along the line of lands now or formerly of Garver and Best, North 9 1/2 degrees West, 12.8 perches to a post; thence South 86 1/2 degrees West, 53 perches to a stone in the Miller's Gap Road; thence along said road, South 1 1/2 degrees East, 14.7 perches to a point in the Miller's Gap Road and the State Road aforesaid, at the point of BEGINNING. HAVING thereon erected a two-story frame dwelling house and containing four (4) acres and 96 perches. PARCEL No. 38-13-0985-080 BEING the same premises which Joyce M. Shur and Verne C. Shur, Jr, wife and husband by Deed dated October 13, 1995 and recorded in the Cumberland County Recorder of Deeds Office on October 24, 1995 in Deed Book 130, page 22, granted and conveyed unto Timothy D. Arnold and Carrie M. Arnold, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7032 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERBANK Plaintiff (s) From TIMOTHY D. ARNOLD AND CARRIE M. ARNOLD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $75,183.91 L.L.: $.50 Interest NOVEMBER 2, 2011 TO MARCH 7, 2012 - $938.52 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $217: :d Other Costs: Plaintiff Paid: Date: 10/26/11 . David D. B 1, Prothonot (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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy !7 Tt4r k'(i'MA 21 P 3: Ls Richard W Stewart Solicitor OFt -.P _ -L? n" - F -- CUMEPL,AND CWNT P-E hSYL Ai4,IA EverBank Case Number vs. . Timothy D. Arnold (et al.) 2011-7032 SHERIFF'S RETURN OF SERVICE 12/28/2011 03:00 PM - Deputy Gerald Worthington, 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 6995 Wertzville Road, Mechanicsburg, Cumberland County, PA 17055. 12/29/2011 08:15 PM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Timothy Arnold - Husband, who accepted as "Adult Person in Charge" for Carrie M. Arnold at 6995 Wertzville Road, Silver Spring Township, Mechanicsburg, Cumberland County, PA 17055. 12/29/2011 08:15 PM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Timothy D. Arnold at 6995 Wertzville Road, Silver Spring Township, Mechanicsburg, Cumberland County, PA 17055. 02/21/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $721.32 SO ANSWERS, March 21, 2012 RON R ANDERSON, SHERIFF pct'- a2_j 5S9 7-? ?7a7?7 Cj C0U T,'S'UltC Sher;tf (P.InoSt7ft iG:C. r" 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. 11-039982 EverBank PLAINTIFF VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7032 AFFIDAVIT PURSUANT TO RULE 3129.1 EverBank, 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 6995 Wertzville Road, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or Reputed Owner(s) Timothy D. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Carrie M. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 2. Name and address of Defendants in the judgment: Timothy D. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Carrie M. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: EverBank 8100 Nations Way Jacksonville, Florida 32256 IR Penn Waste Inc PO BOX 3066 85 Brickyard Road York, PA 17402 CACH, LLC 4340 South Monaco Street Denver, CO 80237 4. Name and address of the last recorded holder of every mortgage of record: EverBank, Plaintiff 8100 Nations Way Jacksonville, Florida 32256 Americhoice Federal Credit Union 20 Sporting Green Drive Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 6995 Wertzville Road Mechanicsburg, PA 17055 F? 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: Christopher A. DeNardo, Esquire 11-039982 i? .Z d L Z 130 i {QZ 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. 11-039982 EverBank PLAINTIFF VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7032 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Timothy D. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Your house (real estate) at: 6995 Wertzville Road, Mechanicsburg, PA 17055 38-13-0985-080 is scheduled to be sold at Sheriffs Sale on March 7, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $75,183.91 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The sale will be cancelled if you pay back to EverBank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 11-039982 ALL THAT CERTAIN tract of land situate in the Village of Wertzville, Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the intersection of the Miller's Gap Road with the State Road leading from Wertzville to Enola; thence along said State Road, North 84 1 /2 degrees East, 54.6 perches to a point; thence along the line of lands now or formerly of Garver and Best, North 9 1/2 degrees West, 12.8 perches to a post; thence South 86 1/2 degrees West, 53 perches to a stone in the Miller's Gap Road; thence along said road, South 1 1/2 degrees East, 14.7 perches to a point in the Miller's Gap Road and the State Road aforesaid, at the point of BEGINNING. HAVING thereon erected a two-story frame dwelling house and containing four (4) acres and 96 perches. PARCEL No. 38-13-0985-080 BEING the same premises which Joyce M. Shur and Verne C. Shur, Jr, wife and husband by Deed dated October 13, 1995 and recorded in the Cumberland County Recorder of Deeds Office on October 24, 1995 in Deed Book 130, page 22, granted and conveyed unto Timothy D. Arnold and Carrie M. Arnold, husband and wife. I 'Il :Z d L 130 i1oz 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. 11-039982 EverBank PLAINTIFF VS. Timothy D. Arnold and Carrie M. Arnold DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7032 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Carrie M. Arnold 6995 Wertzville Road Mechanicsburg, PA 17055 Your house (real estate) at: 6995 Wertzville Road, Mechanicsburg, PA 17055 38-13-0985-080 is scheduled to be sold at Sheriffs Sale on March 7, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $75,183.91 obtained by EverBank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to EverBank 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. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 11-039982 ALL THAT CERTAIN tract of land situate in the Village of Wertzville, Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at the intersection of the Miller's Gap Road with the State Road leading from Wertzville to Enola; thence along said State Road, North 84 1/2 degrees East, 54.6 perches to a point; thence along the line of lands now or formerly of Garver and Best, North 9 1/2 degrees West, 12.8 perches to a post; thence South 86 1/2 degrees West, 53 perches to a stone in the Miller's Gap Road; thence along said road, South 1 1/2 degrees East, 14.7 perches to a point in the Miller's Gap Road and the State Road aforesaid, at the point of BEGINNING. HAVING thereon erected a two-story frame dwelling house and containing four (4) acres and 96 perches. PARCEL No. 38-13-0985-080 BEING the same premises which Joyce M. Shur and Verne C. Shur, Jr, wife and husband by Deed dated October 13, 1995 and recorded in the Cumberland County Recorder of Deeds Office on October 24, 1995 in Deed Book 130, page 22, granted and conveyed unto Timothy D. Arnold and Carrie M. Arnold, husband and wife. j ` CJ ?- z ? D 1Jz y, el; ,WRIT OF EXECUTION and/or ATTACHMENT 11 COMPAQNWFVALTH OF PENNSYLVANIA) NO 11-7032 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERBANK Plaintiff (s) From TIMOTHY D. ARNOLD AND CARRIE M. ARNOLD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $75,183.91 L.L.: $.50 Interest NOVEMBER 2, 2011 TO MARCH 7, 2012 - $938.52 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $217.4 Other Costs: Plaintiff Paid: Date: 10/26/11 Dtz? 1 David D. Buell, Prot onotarv (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 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of sold Court at Carlisle, Pa. This d if day c9 -nL}?=rl_, 20 Prothonotary C4, (?? On October 27, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 6995 Wertzville Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date October 27, 2011 By: Real Estate Coordinator I fi ,.Z ci L Z 130 iIOZ ?r U