HomeMy WebLinkAbout12-2734SHAPIRO & DeNARDO, LLC CD
78447
ATTORNEY I
D
NO
ESQUIRE
DeNARDO
CHRISTOPHER A
BY
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.
.
,
,
.
:
MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929
W',t
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LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 -° -n
3600 HORIZON DRIVE, SUITE 150 '
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 12-041078 4 ='
JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS "
PLAINTIFF CIVIL DIVISION
CUMBERLAND COUNTY
vs. L/i
Q
No: /.
Jeffrey D. Morris
839 Erford Road
Camp Hill, PA 17011
DEFENDANT
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.
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
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. 12-041078
JPMorgan Chase Bank, National Association
PLAINTIFF
VS.
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO: 0 - P 3 801
Jeffrey D. Morris
839 Erford Road
Camp Hill, PA 17011
DEFENDANT
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, JPMorgan Chase Bank, National Association, the address of which is, 3415
Vision Drive, Columbus, Ohio 43219, brings this action of mortgage foreclosure upon the
following cause of action:
1. (a) Parties to Mortgage:
Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for C &
F Mortgage Corporation, its successors and assigns
Mortgagor(s): Jeffrey D. Morris
(b) Date of Mortgage: September 11, 2009
(c) Place and Date of Record of Mortgage:
Recorder of Deeds
Cumberland County
Document ID# 200931876
Date: September 14, 2009
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.
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(d) Assignments:
Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for C & F
Mortgage Corporation, its successors and assigns
Assignee: JPMorgan Chase Bank, National Association
Date of Assignment: March 8, 2012
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 839 Erford
Road, Camp Hill, PA 17011 and is more specifically described as attached as part of
Exhibit "A".
4. Jeffrey D. Morris 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 name and mailing address of the Defendant is:
Jeffrey D. Morris, 839 Erford Road, Camp Hill, PA 17011
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 September 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 March 31, 2012:
Principal Balance Due $108,175.56
Interest Currently Due and Owing at 5.75% $4,146.72
From August 1, 2011 through March 31, 2012
Late Charges $205.34
Escrow Advances $451.65
Property Inspection $176.00
TOTAL $113,155.27
9. Interest continues to accrue for each month that the debt remains unpaid, 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 pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35
P. S. §I680.402c et seq., is not required as the program created by the Act was mooted
due to the unavailability of funds as of August 27, 2011.
12. A Notice of Intention to Foreclose Mortgage was sent to the Defendant(s) containing the
information required by 41 P.S. §403 et seq., commonly known as Act 6. Copies of the
Notice are attached hereto as Exhibit "C"
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in
favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 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: ,14 BY:
At?o.meys for Plaintiff
S & D File No. 12-041078
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Return To:
Parcel Number: 09-17--1044-037
AP## MORRI123456
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Spaaa Abovo Thin Line For Recording Date.]
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FHA Case No.
Commonwealth of Pamsylvania MORTGAGE
MIN '
STN:(
THIS MORTGAGE ("Security Instrument") Is given on September 11, 2009
The Mortgagor is JEFFREY D. bURRIS
("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc.
("HERS"), (solely as nominee for Lender, as herebtafter defined, and Lender's successors and assigns), as
mortgagee. MFRS is organized and existing under the laws of Delaware, and has an address and telephone
number of P.O. Box 2026, Flint, MJ 465111.2026, tel. (886) 879-MERS.
C & F MORTGAGE CORPORATICN, A VIRGINIA COMRATION
("Lender") Is organized and existing under the laws of VIRGINIA and
has an address of 1400 ALVERSER DRIVE, MIDIATHIAN, VA 23113
, Borrower owes Lender the principal sum of
One Hundred Ten Thousand Eight Hundred Fifty Four and no/100
Dollars (U.S, $ 110, 854.00 }.
FHA FwarOvania Mortgage witb MGRS - 4196
at 4N(PA) (0207) Amond4 60P
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VMP'MORTGA6EFORM$.(e00)921• 1 1Nilbl'-@A Is
This debt Is evidenced by Borrower's note dated the same date as this Security Instrument
("Note', which provides for monthly payments, with the full debt, If not paid earlier, due and payabk
on October 1, 2039 . This Security Instrument secures to Lender: (a) the
repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications
of the Note; (b) the payment of ail other sums, with interest, advanced under paragraph 7 to protect
the security of this Security Instrument; and (c) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note, For this purpose, Borrower does
hereby mortgage, grant and convey to MERS (solely as nominee for Gender and Lender's successors and
assigns) and to the successors and assigns of MFRS, We following described property located in
a M[3ERLAND County, Pennsylvania:
SEE ATTACHED LEGAL DESt^fLIPTION OF PROPERTY
which has the address of B39 ERFORD ROAD Istreetl
CAME' HILL ICkyl, Pennsylvania 17011 (zip cowl
('Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances and fixtures now or hereafter a part of the property, All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing Is referred to to this
Security Instrument as the "Properly."- Borrower understands and agrees that MFRS holds only legal Nile
to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or
custom, MRRS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise
any or all of those interests, including, but not limited to, the right to foreclose and salt the Property; and
to take any action required of Lender Including, but not limited to, releasing or canceling this Security
Instrument.
BORROWER COVENANTS that Borrower Is IawtWly seized of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encwnbranoes of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, sutdect to any encumbrances of record,
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security Instrument covering real
properly.
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Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS,
1. Payment of Priaoipal, Interest and Late Charge. Borrower shall pa when due the principal of,
and interest. on, the debt evidenced by the Note and late charges due under the Note,
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall Include in each
monthly payment, together with the principal and interest as set forth in the Note and any late charges, a
sum for (a) taxes and special assessments levied or to be levied agalnsl the Property, (b) leasehold
payments or ground rents on the Property, and (c) premiums for Insurance required under paragraph 4. In
any year in which the Lender must pay a mortgage Insurance premium to the Secretary of Housing and
Urban Development ("Secretary"), or in any year In which such premium would have bean required if
Lender still held the Security Instrument, each monthly payment shall also Include either: (t) a sum for the
annual mortgage insurance premium to be paid by Lender to the Secretary, or (10 a monthly charge instead
of a mortgage Insurance premium if this Security Instrument is held by the Secretary, in a reasonable
amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are
called "Escrow Items" and the smns paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and bold amounts for Escrow Items in an aggregate amount not to
exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate
Settlement Procedures Act of 1974, 12 U.S.C, Section 2801 at saq. and implementing regulations, 24 CFR
Par[ 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve
permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are
available in the account may not be based on amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds
held by Leader at any time are not sufficient to pay the Escrow Items when due, Lender may notify the
Borrower and require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all stuns secured by this Security Instrument,
If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with
the balance remaining for all installment Items (a), (b), and (c) and any mortgage insurance premium
installmanl that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund
any excess funds to Borrower, Immediately prior to a foreclosure sale of the Property or its acquisition by
Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a),
(b), and (c).
3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as
follows:
)fit, to the mortgage Insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, hood and
other hazard insurance premiums, as required;
JhU, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
M 4,to late charges due under the Note.
ire, Flood and Other Hazard rnauranco. Borrower shall Insure all Improvements on the
Property, whether now in existence or subsequently erected, against any hazards, casualties, and
contingencies, including fire, for which Lender requires Insurance. This insurance shall b tained in
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the amounts and for the periods that Lender requires. Borrower shall also insure all Improvements on the
Property, whether now in existence or subsequently erected, against loss by floods to the extent required
by the Secretary. All insurance shall be carried with companies approved by Lender. The Insurance
policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in
a form acceptable to, .Lender,
in the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of
loss if not made promptly by Borrower. Each Insurance company concerned is hereby authorized and
directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender Jointly.
All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the
reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amorists
applied in the order in paragraph 3, and then. to prepayment of principal, or (b) to the restoration or repair
of the damaged Property. Any application of the proceeds to the. principal shall not extend or postpone the
due date of the monthly payments which are referred to In paragraph 2, or change the amount of such
payments. Any excess insurance proceeds over an amount requlmd to pay all outstanding indebtedness
under the Note and this Security Instrument shall be paid to the entity legally entitled thereto,
In the event of foreclosure of this Security Instrument or other transfer of tide to the Property that
extinguishes the indebtedness, all right, dtie and Interest of Borrower in and to Insurance policies In force
shall peas to the purchaser.
5. Occupancy, Ptwservatiot, Maintenaaoo and Protection of the Preporty; Borrower' a Loan
Application; Leaseholds. Borrower shalt occupy, establish, and use the Property as Borrower's principal
reaidence within sixty days after the execution of this Security Instrument (or within sixty days of a later
sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender determines that requirement will
cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not
commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,
reasonable wear and tear excepted. Lender may inspect the Property If the Property is vacant or abandoned
or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
abandoned Property. Borrower shall also be In default if Borrower, during the loan application process,
gave materially false or Inaccurate information or statements to Lender (or failed to provide Lender with
any material.informadoo) in connection with the loan evidenced by the Note, including, but not Umlkd to,
representations concerning Borrower's occupancy of the Property as a principal residence, If (iris Security
Instrument is on a leasehold, Borrower shall comply with the provisions of the kase. If Borrower acquires
fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger
in wdtiag.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any pert of the Property, or for conveyance in place
of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the
indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such
proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal, Any
application of the proceeds to the prncipal shall not extend or postpone the due date of the monthly
payments, which arc referred to In paragraph x, or change the amount of such payments. Any excess
proceeds over an amount required to pay all outstanding indebtedness under the Note d I s Security
Instrument shall be paid to the entity legally entitled thereto.
-4N(PA) (0207) rags 4 or 1D
7. Charges to Burrower and Protection of Lender's Sights in the Property, Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included In paragraph 2. Borrower
shall pay these obligations on time directly to the entity which Is owed the payment. If failure to pay would
adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish
to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or falls to
perform any other covenants and agreements contained in this Security instrument, or Were is a legal
proceeding that may significantly affect Lender's rights In the Property (such as a proceeding in
bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is
necessary to protect the value of the Property and Leader's rights in the Property, including payment of
taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower
and be secured by this Security Instrument. These amounts shall bear Interest from the date of
disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instnueni unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the Hen hi a manner acceptable
to Lender; (b) contests in good faith the lien by, or defends against enforcement of the Hen in, legal
proceedings which in the Lender's opinion operate to prevent the enforcement of the Hen; or (c) secures
from the holler of the lien an agreement satisfactory to Lender subordbnadng the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to alien which may sit* priority
over, this Security Instrument, Lender may give Borrower a notice identlfylag the hen, Borrower shall
satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees, Lender may collect fees and charges aathotized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Defiiuit, Lender may, except as limited by regulations issued by the Secretary, in the case of
payment defaults, require immediate payment in full of all sums secured by this Security
Instrument If:
(I) Borrower defaults by failing to pay In full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(it) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained In this Security Instrument,
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including
Section 341(d) of the Gam-St, Germain Depository. Institutions Act of 1982, 12 U.S.C.
1101]-3(d)) and with the prior approval of the Secretary, require Immediate payment in full of all
sums secured by this Security Instrument if:
(1) All or part of the Property, or a beneficial Interest in a trust owning all or part of the
Property, 19 sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence,
nr the purchaser or grantee does so occupy the Property but his or her credit has not been
approved to accordance wilb the requirements of the Secretary.
(c) No Waiver, If circumstances occur that would permit Lender to require immediate payment in
full, but Lender does not require such payments, Lender does not waive its rights respect to
subsequent events.
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(d) Regulations of HUD Secretary. In many circumstances regulations Issued by the Secretary
will limit Lender's rights, In the case of payment defaults, to require immediate payment In full
and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if
not permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that If this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 days from the
date hereof, Lender may, at ft option, require immediate payment to full of all sums secured by
this Security Instrument. A written statement of any authorized agent of the Secretary dated
subsequent to 60 days from the date hereof, declining to Insure this Security Instrument and the
Note, shall be deemed conclusive proof of such ineligibility, Notwithstanding the foregoing, this
option may not be exercised by Lender when the unavailability of insurance is solely due to
Lender's failure to remit a mortgage Insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to. be reinstated If Leader has required immediate payment
in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This
right applies ever[ after foreclosure proceedings are instituted. To relostate the Security Instrument,
Borrower shall tender in a lump sum all amounts required to bring Borrower's account current Including,
to the extent they are obligations of Borrower under this Security Iosttwment, foreclosure costs and
reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding,
Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain
in effect as if Lender had not required Immediate payment in full. However, Lender is not required to
permit relrnetatement If: (1) Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two years Immediately preceding the commencement of a current foreclosure
proceeding, (it) reinstatement will preclude foreclosure on different grounds in the future, or (111)
reinstatement will adversely affect the priority of the Ban created by this Security Instrument,
11. Borrower Not Roland; Porbearanee By Lender Not a Waiver. Extension of the time of
payment or modification of amortization of the sums second by this Security Instrument granted by Leader
to any successor In Interest of Borrower shall not operate to release the liability of the original Borrower or
Borrower's successor in interest. Lender shall cot be required to commence proceedings against any
successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors In Interest. Any forbearance by Lender In exercising any right or remedy shall not be a waiver
of or preclude the exercise of any right or remedy.
12. Suceeasors and Assigns Bowed; Joint and &Wcral Liability; Co•31gners, The covenants and
agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint
and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) Is
co-signing this Security Instrument only to mortgage, grant and convey that Borrower's Interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the saws
secured by this Security Instrument: and (e) agrees that Lender and any other Borrower may agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument
or the Note without that Borrower's consent.
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13, Notices. Any notice to Borrower provided for In this Security Instrument shall be given by
delivering it or by malling it by first class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address Borrower designates by notice to
Lender. Any notice to Lender shaft be given by first class mail to Lender's address stated herein or any
address Leader designates by notice to Borrower. Any notice provided for In this Security Instrument shall
be deemed to have been gives to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Sev rability. This Security Instrument shall be governed by Federal law and
the law of the jurisdiction in which the Property Is located. In the event that any provision or clause of this
Security kotrument or the Note conflicts with applicable law, such conflict shall not affect other provisions
of this Security Instmmeat or the Note which can be given effect without the conflicting provision. To this
end the provisions of this Security Instrument and the Note are declared to be severable.
15, Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16, Hazardous Substances, Borrower shall not cause or permit the presence, use, disposal, storage,
or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone
else to do, anything affecting the Property that Is In violation of any Environmental Law, The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party Involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, If Borrower learns,
or is notified by any governmental or regulatory authority, that any removal or other remedialion of any
Hazardous Substances affecting the Property Is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used to this paragraph 16, "Hazardous Substances" are those substances defiued as toxic or
hazardous substances by Environmental Law and the fallowing substances, gasoline, kerosene, other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials, As used in this paragraph 16,
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection,
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rests and revenues
and hereby directs each tenant of the Property to pay the rents to Lender or Leader's agents. However,
prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security
Instrument, Borrower shall collect and receive ail rents and revenues of the Property as trustee for the
benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an
assignment for additional security only.
If Lender gives notice of breach to Borrower; (a) all rents received by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security
Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Prope d (c) each
wiai1:
40 .4 N(PA) (o2a» Pap 7 or 10
tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written
demand to the tenant,
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender from exercising its rights under this paragraph 17.
Lender shall not he required to enter upon, take control of or maintain the Property before or after
giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any
time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured
by the Security Instrument is add in full.
18, Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9,
Leader may foreclose Ibis 9ocnrity Instrument by judicial proceeding. Leader shall be entitled to
coiled all expense incurred in pursuing the remedies provided in this paragraph 18, including, but
not limited to, attorneyd fens and coats of title evidence.
If the Lender's interest in this Security Instrument is hold by the Secretary and the Secretary
requires immediate payment in fail under Paragraph 9, the Secretary may invoice the nonjudieial
power of sale provided In the Singie Family Mortgage parealoauro Act of 1994 C'Aet") (12 U.S.C.
3751 et sect) by requesting a fbreclesnre oomnaiadwer designated under the Act to eomma?ce
foreclosure and to sell the Property as provided ba the Act. Nothing In the preceding sentence shall
deprive the Secretary of say rights otherwise available to a Lender snider this Paragraph 18 or
applicable law,
19, 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 without charge to Borrower. Borrower shall pay any recordation
costs.
20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or
defects in proceedings to enforce Ibis Security Instrument, and hereby walves the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to
one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security
Instrument.
22. Purchase Money Mortgage. If any of the debt secured by this Security lmerument is lent to
Borrower to acquire title to the Property, tads Security iasbruniem shall be a purchase money mortgage.
23. Interest Rate Alter Judgment. Borrower agrees that the Interest rate payable after a Minot
is entered on the Note or in an action of mortgage foreclosure stall be the rate payable from time to time
under the Note.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and
recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into
and shall amend and supplement the covenants and agreements of dd3 Security Instrument as if the rider(s)
were a part of this Security Instrument, (Check applicable box(es)).
? Condominium Rider 0 Growing Equity Rider ? Other [specify]
ED Planned Unit Development Rider Graduated Payment Rider
untt4f"
(Q AN(PA) (0207) Pep" a of 10
BY SIGNING BELOW, Borrower accepts and agrees to the terms contalned In this Security
Instrument and in airy rider(s) executed by Borrower and recorded with it.
Witnesses:
-(Seal)
-Borrower
_ (SO4
-Borrower
_ (seal)
-Borrower
(Seal)
{orrower
- (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
- (Seal)
-Borrower
40.4N(PA) t020rt Page 0 or to
Certificate of Residence
I,Hvtmj.z OM .UlO`Xit, Cj , do hereby certify that
the correct address of the within-named ortgagee is P.O. Box 2026, Fliat, MI 48501-2026.
Witness my hand this 11th day of September , 2009
[$ ?} -B6T}i?' +' t y 5 Agent of Mortgegee
COMMONWEALTH OF PENNSYLVANIA,
On this, 11th day of September
personally appeared JEFFREY D. MORRIS
County ss;
2009 , before me, the undersigned officor,
{mown to me (or sadsfactortly prov to be the
person(k) whose name f) subscribed to the within instrument and acknowledged thaQWj* x
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto sot my hand and official seal.
My Commission Expires:
COMMONW ALTtiOI' PENNS LVANIA
• NOhAa1 ttN11
S dey K*ya, Nobry Public
Lkz "n NO., 0UMb41WW County
ean M4 &rA 17 2012
_ _ - "
ytemhor. ftusl,leylvan e e e 0 e
Notary Public
We of Onions .
(S4N(PA) pzw) Peee 10 of 10
Ink4h?
EXHIBIT "A"
ALL THAT CERTAIN tract of land with the Improvements thereon erected, situate on the
Northerly side of Erford Road, East Pennsboro Township, Cumberland County, Pennsylvania,
being also known as Lot No. 11, Block "L" on Plan No. 19 of Ridley Park Homes, Inc., recorded in
Cumberland County Plan BooX 22, Page 64, and being more fully bounded and described in
accordance with a plan of Survey by Michael C, D' Angelo, Registered Surveyor, dated May 31,
1978 and bearing drawing No. 34-27, as follows, to wit:
BEGINNING at a pin located on the Northerly site of Erford Road (60.00 feet wide right-of-way)
and a comer of lot No, 10X of the abovementioned plan, said pin being located 926.77 feet from
Dulles Drive; thence extending along line of Lot No. 10X, North 00 degrees 10 minutes 00
seconds East, 140,75 feet to a pin at a corner of land now or late of East Pennsboro Township
Authority; thence extending along line of some, South 46 degrees 60 minutes 00 seconds East,
52.64 feet to a pin at a corner of Lot No. 11 X of the abovementioned plan; thence extending
along line of some, and through a dwelling division wall between these premises and the
premises adjoining on the East, South 00 degrees 10 minutes 00 seconds West, 104.85 feet to a
pin on the Northerly side of Erford Road, aforesaid; thence extending along line of same, North
89 degrees 50 minutes 00 seconds West, 37.50 feet to a pin, the first mentioned pin and place of
BEGINNING.
UNDER AND SUBJECT TO the same rights, priviieges, agreements, rights-of-way, easements,
conditions, exceptions, restrictions, and reservations as exist by virtue of prior recorded
Instruments, plans, Deeds of Conveyances, or visible on ground.
BEING known and numbered as No. 839 Erford Road, East Pennsboro Township, Cumberland
County, Camp Hal, Pennsylvania.
BEING THE SAME PREMISES which Robert D. Lingenffeld and Patricia A. Lingenfield, by their
deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of
Cumberland, granted and conveyed unto Jeffrey D. Morris.
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
I COURTHOUSE SQUARE
CARLISLE, PA 17013
717240-6370
Instrument Number - 200931876
Recorded On 9114/2009 At 11:21:13 AM "Total Pages - 12
* Instrument Type - MORTGAGE
Invoice Number - 52256 User ID - KW
* Mortgagor - MORRIS, JEFFREY D
* Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
* Customer - SECURED LAND
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RSCORDINQ FEES $25,50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10,00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCH MS EZE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $62.50
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
R?`D/ 0 RECORDER O /D2 DS
' . Iniormatian denoted by an asterisk may change during
the verification preens and may not be reflected on this page.
YIVI?IIIIIIIIIIII
7, e
f
NOTE FHA Case No.
Multistate
September 11, 2009
[Dale]
839 ERFORD ROAD CAMP HILL,PA 17011
[Property Address]
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means
C. & F MORTGAGE CORPORATION, A VIRGINIA CORPORATION
and Its successors and assigns.
2. BORROWER' S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Ten
Thousand Eight Hundred Fifty Four and no/100
Dollars (U.S. $ 110, 854.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, at the rate of Five and Three / Quarters
percent ( 5.7500 %) per year until the full amount of principal has been paid.
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." The 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 payment of principal and interest to Lender on the first day of each month beginning on
November 1 , 2009 . Any principal and Interest remaining on the first day of October ,
2039 , will be due on that date, which Is called the "Maturity Date."
(B) Place
Payment shall be made at 1400 ALVERSER DRIVE, MIDLOTHIAN, VA 23113
or at such place as Lender may designate In writing
by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be In the amount of U.S. $ 646.91 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.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments Is executed by Borrower together with this Note, the covenants of
the allonge shall be Incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note. [Check applicable box]
?Graduated Payment Allonge ?Growing Equity Allonge ?Other [specify]
MORRt123456
FHA Multistate Fixed Rate Note
VMP
Wolters Kluwer Financial Services MW 09109
960391
10/95
VMP1 R (0809).Oo
Page / of 3
/ I --
5. 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. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees In
writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount
of Four percent ( 4.0000 %) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender 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
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. 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 to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. 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.
8. 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 must 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.
9. 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. Lender 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.
MORRI123456 860391
FHA Multistate Fixed Rate Note
VMP
Walters Kluwer Financial Services
10195
VMPIR (0809).00
Page 2 of 3
Y S ING BELOW, Borrow accepts and agrees to the terms and covenants contained in this Note.
(Seal) (Seal)
[}, 1u10 -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
PAY TO THE ORDER OF
JPMORGAN CHASE BANK, N.A.
WITHOUT RECOURSE
C&F MORTGAGE CORPORATION
BY:
MARY L Y
VICE PRE ENT
Pay to ft Omer of
Wbout Recourse
JPMss ank NA
In d??_
Z
Ollie B lMnt Treasurer
MORR1123456 866391
FHA Multistate Fixed Rate Note
VMP ® 10185
VMP1R
AO
Wolters Kluwer Financial Services age 3
Page 3 or 3 V
lilllllll«i»III Its - 001i127
i021503465i2092009i
1 r"I
Chase (FL5-7734)
PO BOX 44090
Jacksonville, FL 32231-4090
December 28, 2011
Return Service Requested
6-746-62526-0000663-001-01-010-000-000-000
JEFFREY D MORRIS
839 ERFORD RD
CAMP HILL PA 17011-1128
Acceleration Warning (Notice of Intent to Foreclose)
Account: XXXXXX3465 ("the Loan")
Property Address: 839 ERFORD RD
CAMP HILL, PA 17011 ('the Property")
Dear Jeffrey D Morris:
CHASE o
Under the terms of the Mortgage or Deed of Trust ("Security Instrument") securing your Loan, JPMorgan
Chase Bank, N.A. ("Chase") hereby notifies you of the following:
1. You are in default because you have failed to pay the required monthly installments commencing
with the payment due 09/01/11.
2. As of 12/28/2011, total monthly payments (including principal, interest, and escrow if
applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the
terms of your loan documents in the total amount of $3,661.63 are past due. This past-due
amount is itemized below. If applicable, your account may have additional escrow amounts that
have been paid out and are due on the Loan.
3. If you have any questions about the amounts detailed below, please contact us as soon as possible
at (800) 848-9380.
Total Monthly Payments $3,416.92
Late Fees $170.71
NSF Fees $0.00
Other Fees* $0.00
Advances* $74.00
Amount Held in Suspense $0.00
*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.
You are also responsible for paying any amounts that become due from the date of this letter
through the expiration date of 01/30/2012 set forth in Paragraph 4 below. These amounts may
include, but are not limited to, taxes, insurance, inspection fees and other fees, as permitted by
applicable law.
lea
If you have any reason to dispute the past-due amount listed above, or if you believe your Loan is
current, please contact us at the number provided below.
4. If you are unable to pay your account current within 33 days, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owed on the original amount
borrowed will be considered due immediately. If full payment of the amount of default is not
made within 33 days, we also 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 to pay off the mortgage debt.
We may also sue you personally for the unpaid principal balance and all other sums due under the
mortgage.
You have the right to cure the default, or anyone acting on your behalf, and pay your account
current anytime at least one hour prior to the commencement of bidding at a sheriff s sale or other
judicial sale, not more than three times in any calendar year. To do so, you must:
a) Pay or tender in the form of cash, cashier's check or certified check all sums that
would have been due at the time of payment or tender in the absence of default and
the exercise of acceleration;
b) Perform any other obligation which you would have been bound to perform in the
absence of default or the exercise of acceleration;
c) Pay or tender any reasonable attorney's fees the reasonable costs of proceeding to
foreclosure that were actually incurred up to and including the date the debtor cures
the default, as specified in writing by the mortgagee
d) Pay any reasonable late penalty, if outlined in the mortgage
Action required to cure the default: You must pay the Total Monthly Payments listed in
Paragraph 2 within 33 days from the date of this notice in order to cure this default. All late fees,
NSF fees, and other fees and advances are still valid and will need to be repaid under the terms of
your loan documents.
If you fail to cure the default on or before 01/30/2012, Chase will accelerate the maturity of the
Loan, terminate your credit line if the Loan provides for revolving advances, declare all sums
secured by the Security Instrument immediately due and payable and commence foreclosure
proceedings, all without further notice to you. If this happens, Chase will be entitled to collect its
expenses incurred in pursuing the remedies provided in the Security Instrument, which may
include, but not be limited to, allowable foreclosure/attorney fees and other expenses permitted by
your loan documents or applicable law.
7. If permitted by your loan documents or applicable law, you have the right to reinstate after
acceleration of the Loan and the right to bring a court action to assert the nonexistence of a
default or any other defense to acceleration, foreclosure, and sale. However, the amount required
to reinstate may be higher than what is owed under Paragraph 2 above due to additional fees and
charges that we are entitled to collect under the Loan, including attorney fees related to any
foreclosure action we initiate.
8. Kindly remit the total amount due, shown in Paragraph 2 above, to the remittance address listed
below. Please note that Chase policy requires certified funds if two insufficient funds (NSF)
payments have been received in the last six months. In this event, Chase will not accept a Direct
Check, FastPay or SpeedPay payment.
Regular Mail: Chase
PO Box 78420
Phoenix, AZ 85062-8420
Overnight Mail: Chase
PO Box 78420
1820 East Sky Harbor Circle South
Phoenix, AZ 85034-9700
Except as required by law, we are under no obligation to accept less than the full amount owed. If
you send us less than the full amount owed, we may in our sole discretion apply such partial
payment to your Loan without waiving any default or waiving our right to accelerate the Loan and
continue with foreclosure proceedings in accordance with Paragraph 4 above.
9. If you are unable to pay the amount past due, Chase has a variety of homeowners' assistance
programs that might help you resolve your default and keep your home; however, we need to talk
with you to discuss these options and determine which of them might be appropriate for your
circumstances. Please call us as soon as possible at (800) 848-9380.
10. While the Loan remains in default, we will perform certain tasks to protect our interest in the
Property, including visits to your Property at regular intervals during the default. This will be done
to determine, as of the date of the inspection the property condition, occupancy status, and,
possibly, your plans for curing the default and paying this Loan on time. You should anticipate that
any costs incurred by Chase will be added to the amount you now owe if permitted by your loan
documents or applicable law.
11. 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 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 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 may exist. You have the right to have this default cured by any third party
acting on your behalf.
Chase offers homeownership counseling services to borrowers in some areas. Counseling is also available
through a variety of nonprofit organizations experienced in homeownership counseling and approved by the
Secretary of Housing and Urban Development (HUD). A listing of such organizations may be obtained by
calling HUD toll-free at (800) 569-4287 or at www.hud.gov.
Sincerely,
Chase
(800) 848-9380
(800) 582-0542 TDD / Text Telephone
www.chase.com
Enclosure
- Federal Trade Commission Pamphlet
INTERNET P PRIi ,,JT
RE .r _ _ S_ ?N'TA )l D,
mac. . ??
IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS
If you are a servicemember who is, or recently was, on "active duty" or "active service," or a dependent of
such a servicemember, you may be entitled to certain legal rights and protections, including protection
from foreclosure or eviction, pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-
596), as amended (the "SCRA") and, possibly, certain similar state statutes. Eligible service may include:
• Active duty (as defined in section 101(d)(1) of title 10, United States Code) with the Army, Navy,
Air Force, Marine Corps, or Coast Guard;
• Active service with the National Guard;
• Active service as a commissioned officer ofthe National Oceanic and Atmospheric Administration;
• Active service as a commissioned officer of the Public Health Service;
• Service with the forces of a nation with which the United States is allied in the prosecution of a war
or military action; or
• Service with the National Guard or a state militia under a state call to duty.
Eligible service also includes any period during which a servicemember is absent from duty on account of
sickness, wounds, leave or other lawful cause.
If you are such a servicemember, or a dependent of such a servicemember, you should contact Chase
Military Services toll-free at (866) 840-5826 to discuss your status.
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 is a debt collector.
If you are represented by an attorney, please refer this letter to your attorney and provide us with the
attorney's name, address and telephone number.
To the extent your original obligation was discharged, or is subject to an automatic stay of
bankruptcy under Title 11 of the United States Code, this notice is for compliance and/or
informational purposes only and does not constitute an attempt to collect a debt or to impose
personal liability for such obligation. However, a secured party retains rights under its security
instrument, including the right to foreclose its lien.
BR840
VERIFICATION
C S -cs- hereby states that he/she is c c ?( tc lid
of JPMorgan Chase Bank, N.A., 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 unworn falsification to authorities.
DATE:O )D-
r ,
e: EI opic 11
Title: Vice Presidetrt
Company: JPMorgan Chase Bank, N.A.
S&D FILE NO: 12-041078
Jeffrey D. Morris
La t-tW(.t k A_2>SO-'?P \ Cyff s
VS.
_\ ? Nlor ? ? S
Defendant(s)
-
IN THE COURT OF COMMON PLEA3? f
PENNSY?IAu'
CUMBERLAND COUNTY '
, ,
;7 `7
a' a?? Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may
be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your
lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a
legal representative at no charge to you. Once you have been appointed a legal representative, you must
promptly meet with that legal representative within twenty (20) days of the appointment date. During that
meeting, you must provide the legal representative with all requested financial information so that a loan
resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial
worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of
the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements
with your lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial
information so that a loan resolution proposal can be prepared onyour behalf. If you and your lawyer complete
a financial worksheet in the format attE.ched hereto, your lawyer will prepare and file a Request for Conciliation
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of
the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements
with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectful) submitted:
_-) 2 Z
Date [Signature of Counsel for Plaintiff]
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete-your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different)
City:
Phone Numbers
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender: _
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Primary Reason for Default:
Included Taxes & Insurance:
How long?
Home:
Cell:
Office:
Other:
State: Zip:
How long?
Date You Closed Your Loan:
State: Zip:
Yes ? No ? Listing date: Price: $
_ Realtor Phone:
Yes ? No ?
Home:
Cell:
State: Zip:
Office:
Other:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #l: Model: Year:
Amount owed: Value:
Automobile #2: Model: Year:
Amount owed. Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
2.
3.
Additional Income Description (not wages):
I . monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
Z° Mort a e Utilities
Car Payment(s) Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fueVre airs Other prop. a ment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Da /Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:-
2
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):`_
Contact: Phone:
I/We, , authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/We
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature
Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and
lender's counsel:
Y Proof of income
Past 2 bank statements
Proof of any expected income for the last 45 days
IVr Copy of a current utility bill
Y Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Y Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY -?
`te
Ronny R Anderson yam.
r-
Sheriff
Jody S Smith „?+?',
C) CD
"
Chief Deputy
Richard W Stewart
cx?
Solicitor
-" co
JP Morgan Chase Bank, NA
Case Number
vs.
Jeffrey D. Morris
2012-2734
SHERIFF'S RETURN OF SERVICE
05/07/2012 08:02 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 7,
2012 at 2002 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Occupant
of 839 Erford Road, Camp Hill, Pennsylvania 17011, by making known unto Jennifer Morris, current
resident at 839 Erford Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the
same time handing to her personally the said true and correct copy of the same.
RYAN BURGETT, DEP
05/07/2012 08:02 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 7,
2012 at 2002 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Jeffrey D.
Morris, by making known unto Jennifer Morris, Wife of Defendant at 839 Erford Road, Camp Hill,
Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the
said true and correct copy of the same.
SHERIFF COST: $59.00
May 09, 2012
RYAN BURGETT, DE
SO ANSWERS,
RON R ANDERSON, SHERIFF
r? Ccu, ?uib° ShF [ eleosaft.
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
TELEPI4ONE: (610)278-6800
S & D FILE NO. 12-041078
JPMorgan Chase Bank, National Association ;
PLAINTIFF
VS.
Jeffrey D. Morris
DEFENDANT
r"zo CD
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO: 2012-02734
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED,
without prejudice.
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. 12-041078
JPMorgan Chase Bank, National Association
PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
VS.
Jeffrey D. Morris
DEFENDANT
NO: 2012-02734
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the Praecipe to Settle,
Discontinue and End on 10
A to all parties named herein at their last known
address or upon their attorney of record as below listed by regular mail, postage prepaid:
Jeffrey D. Morris
839 Erford Road
Camp Hill, PA 17011
SHAPIRO & DeNARDO, LLC
BY. 99--
Christopher A. DeNardo, Esquire
Attorney for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff , . r ,
Jody S Smith 7( I 3 SEP 27 AH 10: I S
Chief Deputy
Richard W Stewart UMBERLA [ COUN T`'
Solicitor )rf- = = PENNSYLVANIA
JPMorgan Chase Bank, NA
vs. Case Number
Frederick Neverman, Jr. (et al.) 2013-2734
SHERIFF'S RETURN OF SERVICE
09/18/2013 12:39 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the
within named Defendant, to wit: Frederick Neverman, Jr., pursuant to Order of Court by"Posting"the
premises located at 10 Bradford Court, Upper Allen, Mechanicsburg, PA 17055 with a true and correct
copy according to
.141.
.tOr
s "!' f1!' SHALL, DEPUTY
SHERIFF COST: $45.76 SO ANSWERS,
September 23, 2013 RON2R ANDERSON, SHERIFF
Joan i �ho, e osef