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HomeMy WebLinkAbout12-2735 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D 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. 12-041061 JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance LLC PLAINTIFF VS Bruce L. Lebitz 111 Helen Avenue Shippensburg, PA 17257 Heidi L. Lebitz 111 Helen Avenue Shippensburg, PA 17257 DEFENDANTS 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. Ct 16S. ? ? S / ? d d o y # 3 fa7'? . i I 6 ;J COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: I a P35 Civd COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NO. 78447 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. 12-041061 JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance LLC PLAINTIFF VS. Bruce L. Lebitz 111 Helen Avenue Shippensburg, PA 17257 ; Heidi L. Lebitz 111 Helen Avenue Shippensburg, PA 17257 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance LLC, the address of which is, 3415 Vision Drive, Columbus, Ohio 43219, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems Inc., as nominee for Mortgageit, Inc. Mortga og K(s : Bruce L. Lebitz and Heidi L. Lebitz (b) Date of Mortgage: July 22, 2008 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Document ID# 200825647 Date: July 29, 2008 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems Inc., as nominee for Mortgageit, Inc. Assignee: Chase Home Finance LLC Date of Assignment: July 2, 2010 Recording Date: July 13, 2010 Instrument No.: 201018779 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 111 Helen Avenue, Shippensburg, PA 17257 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: Bruce L. Lebitz, 111 Helen Avenue, Shippensburg, PA 17257 Heidi L. Lebitz, 111 Helen Avenue, Shippensburg, PA 17257 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 April 1, 2010 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of March 31, 2012: Principal Balance Due $270,152.01 Interest Currently Due and Owing at 6.5% $36,583.00 From March 1, 2010 through March 31, 2012 Late Charges $88.99 Escrow Advances $7,844.37 Property Inspection $28.00 Property Preservation $51.00 Suspense/Unapplied Balance ($1,218.11) TOTAL $313,529.26 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 of Intention to Foreclose with the information required pursuant to 41 P.S. § 403 commonly known as Act 6 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: J Z IZ• BY: -? Attorneys for Plaintiff S & D File No. 12-041061 a^ c? This Document Prepared By: MORTGAGEIT, INC. 050DEMING WAY, DEMING PARK BUILDING MIDDLETON, Wl $3562 When Recorded Ma%I To: MORTGAGEIT, INC. 1350 DEMING WAY. 3RD FLOOR MIDDLETON, WI 53562 608-824-2400 Percel in Nowhen 39-13-0106-134 [Space Above This Line For Recording Data) Commonwealth of Pennsylvania FHA Cox No. Loan No. MGRS MIN MORTGAGE THIS MORTGAGE ("Security Instrument") Is given on JULY 22, 2008 The Mortgagor is BRUCE L, LRBITZ AND HEIDI LEBITZ, HIS WIFE whose address is Ill HELEN AVENUE SHIPPENSBURG, PENNSYLVANIA 17257 ("Borrower"). This security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS") (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is or?anized and existing under the laws of Delaware, and has an address and telephone numbor of 3300 S.W. 34 'Avenue, Suite 101, Ocala, FL 34474 or P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. MORTGAGEIT, INC. ("Lender") is organized and existing under the laws of NEW YORK and has an address of 33 MAIDEN LANE, 6TH FLOOR NEW YORK, NEW YORK 10038 Borrower owes Lender the prinoipal sum of TWO (HUNDRED SEVENTY FIVE THOUSAND ONE HUNDRED FIFTEEN AND NO 1100 Dollars (U,S. $ 275,115.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the Mll debt, if not paid earlier, due and payable on AUGUST 01, 2038 F'HA Peanaylvm1a Mortgage (MERS) FALPSN PAFHAMERS Rev. OS-29-09 Page I ° .. x bit A 1'? 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 all 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 Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located In CUMBERLAND County, Pennsylvania; SEE ATTACHED FOR LEGAL DESCRIPTION which has the address of 111 HELEN AVENUE [street] SHIPPENSRURG , Pennsylvania 17257 ("Property Address"); Icuyl [State] [Zip Code] 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. Ali replacements and additions shall also be covered by this Security Instrumart. All of the foregoing Is referred to in this Security instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower In this Security Instrument; but, if necessary to comply with law or custom, MFRS (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 sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject 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 property. F11A Pennsylvania Moripte (MERS) FALPS# PAFHAMM-2 Rev. 02-22.08 Paso 2 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenoed 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 against 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 been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) 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 sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold 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. a 2601 of seq. and implementing regulations, 24 CFR Part 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 fWAs as required by RESPA. if the amounts of funds held by Lender 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 sums 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 installment 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: First, to the mortgage insurance premium to be paid by Lender to the Secretary onto 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, flood and other hazard insurance premiums, as required; Third, to Interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Properly, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in 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 ronewabs shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. FHA (HERS) FALPSO F14AMERS-3 Rov. 02-01-08 Page 3 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 amounts 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 tha proceeds to the principal shall not extend or postpone the due data 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 required 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 title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower In and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application.; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence 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 u 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 not* 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 Properly 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 information) in connection with the loan evidenced by the Note, Including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this security instrument is on a leasehold, Borrower shall comply with the provisions of the lease, if Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part 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 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 proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's [tights 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 Lenders interest In the Property, upon Lenders request Borrower shall promptly furnish to Lender receipts evidencing these payments, FHA (MERE) FAUM PHAM6RS-4 Rev, 02-08-08 Page 4 If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security instrument, or there 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 Leader may do and pay whatever is necessary to protect the value of the Property and Lender'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 Socwity Instrument unless Borrower: (e) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests In good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to it lien, which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. 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. Pees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the 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 (ii) 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. 1701j- 3(d)) and with the prior approval of the Secretary, require Immediate payment in full of all sums secured by this Security Instrument if. (I) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is 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, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with 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 with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lenders 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 90 NINETY DAYS from the date hereof, Lender may, at Its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 90 NINI31'Y DAYS from the date hereof, FHA (MFRS) FALPS# FHAi.1M-5 Rev. 02-0848 Poge 5 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 Lender 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 even after foreclosure proceedings are Instituted. To reinstate 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 Instrument, 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 reinstatement if. (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately proceeding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (Iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forebearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security instrument granted by Lender to any successor in Interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not 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 forebearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joist and Several Liability; Co-Signers. 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 sums secured by this Security Instrument; and (c) agrees that the Lender and any other Borrower may agree to extend, rnodify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shalt be given by delivering it or by mailing 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 shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph, ld. Governing Law; Severablilty. 'T'his 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 Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given eff'eot 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. PHA (MRRS) FALPS# FHAMrsRS-6 Rev. 02.6&08 Pale 6 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 or 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 remediation of any Hazardous Substances affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following 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 fodoral laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. FHA (MERN) FALPSY PHAMERS-7 Rae. 02-0" Page 7 NON-UNIFORM COVENANT'S. Borrower and Lender further covenant and agree as follows; 17. Assignment of Rents. Borrower unconditionally assigns and tranfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender'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 all 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) Leader shalt be entitled to collect and receive all of the rents of the Property; and (c) each 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 be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Londer.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 paid in full. 18. Foreclosure Procedure. If tender requires immediate payment in full under Paragraph Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this Paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence to the extent permitted by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary way invoke t)te nonjudieial power of sate provided in the Single Family Mortgage Foreclosure Act of 19% ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as providers in the Act. Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph I8 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 this Security Instrument, and hereby waives 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 Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. FHA Penarytveeie MortpRe (M1iRS) FALPSI PAP14AMHRS-8 Rev. 02-2208 Page 8 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 this Security Instrument as If the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Condominium Rider ? Graduated Payment Rider ? Growing Equity Rider 0 Planned Unit Development Rider ? Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security lnstrllrnent and in any rider(s) executed by Borrower and recorded with It. Z!`' )e-)? (Sea]) BRUCE L. LZRITZ -Borrower A . (Seal) -Borrower (Seal) .Borrower _ (Seal) Borrower (Seal) -Borrower _ (Seal) -Borrower FHA Peansrtvaois Mortgage (MERE) FALP8NPAFHAMERS-9 Rev. 03-10.08 Page9 (Space Below Tbls Line For Ackeowledgmenti BORROWER ACKNOWLEDGMENT State of Penns aria County of ? a Onthis, the dayef 1 14 - 126" , before Me 4- ....A-;-.A mown -..11v ..... A t known to me (or satisfactorily prov n) to be the person whose name_ Uuj bseribed to the within instrument, and acknowledged that'__ he executed the some for the purposes therein contained. In witness whereof, II hereunto set my hand and official seal. 7rp/ 4 W pn Caw* ownimU04 24.2010 Title of Officer CelnMiafoil LENDER ACKNOWLEDGMENT State of Pennsylvania County of On this, the day of , before me , the undersigned officer, personally appeared who acknowledged himself to be the of , a corporation, and that he as such , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as In witness whereof, I hereunto set my hand and official seal. Title of Officer Certificate of Residence I do certify that the precise address of the within named mortgagee is MORTGAGNIT, INC. 33 MAIDEN LANE, 6TH FLOOR, NEW YORK, NEW 'PORK 10039 By; Name: Title: FKA Peanaylvania Morte a (UMS) First Amerlom Loan Production Servlaes Page 10 First Anwiem Reel Bsiate Sohdions LLC FALPSB PAFHAMERS-10 Rev. 04-39-0E Exhibit A ALL THAT CERTAIN lot or piece of ground situate in Southampton Township, County of Cumberland, Commonwealth of Pennsylvania, BEING Lot No. 6 on Subdivision Plan of Gerald Stafford, said plan being recorded in Plan Book 89, Page 95, in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, being more fully bounded and described as follows, to wit; TRACT NO, l: BEGINNING at an iron pin in the southern right of way line of a private right of way, at corner of Lot No. 5 as shown on said plan, thence by Lot No. 5, South 11 degrees 31 minutes 33 seconds East, 220.12 feet, to a point in line of Lot No. 4, now or formerly of Gerald Stafford; thence by Lot No. 4, South 78 degrees 28 minutes 25 seconds West, 305.56 feet, to a concrete monument in line of lands now or formerly of Reese E. Burns; thence by lands now or formerly of Burns, North 16 degrees, 26 minutes, 42 seconds West, 293.08 feet to an iron pin inline of Burns as comer of Lot No. 7 on the aforesaid plan; thence by Lot No. 7, North 78 degrees 28 minutes 25 seconds East, 271.88 feet, to an iron pin on the west side of a private right of way at corner common to Lot No. 7 and 6; thence by a private right of way on a curve to the left having a radius of 60.00 feet,. a chord bearing of South 50 degrees 49 minutes 00 seconds East, an arc distance of 106.20 feet, to an iron pin at comer common to Lots 6 and 5, the place of BEGINNING. CONTAINING 2.05135 acres per said plan. SUBJECT to an easement 20 feet in width centered on the existing water line for the installation, operation, maintenance and repair of a water line. TRACT NO. 2: (Private Right of Way for Lots Nos. 5, 6 and 7 on Subdivision Plan of Gerald Stafford, said plan being recorded in Cumberland County, Pa., Plan Book 89, Page 95. ALL that certain tract or parcel of land being shown on the aforesaid plan as Private Right-of-Way, more fully described as follows: BEGINNING at an iron pin at corner of Lot No. 5 on the aforesaid subdivision plan and lands now or formerly of William A. Klusman, jr. and the right of way of Township Route 358 (Helen Avenue); thence by Lot No. S the following courses and distances: South 11 degrees 31 minutes 33 seconds East, 199.12 feet, to an iron pin; on a curve to the left, having a radius of 20.00 feet, a chord bearing South 39 degrees 24 minutes 41 seconds East, an arc distance of 19.47 feet, to an iron pin;. on a curve to the right having a radius of 60.00 feet, a chord bearing of South 78 degrees 28 minutes 27 seconds West, an arc length of 305.31 feet, to an iron pin at comer of Lots 6 and 7 on the aforesaid subdivision plan; thence by Lot No. 7, on a curve to the right having a radius of 60.00 feet, a chord bearing of North 22 degrees 04 minutes 08 seconds East, an arc length of 46.45 feet, to an iron pin; thence continuing by same on a curve to the left having a radius of 20.00 feet, a chord bearing of North 16 degrees 21 minutes 35 seconds East, an are length of 19.47 feet, to an iron pin; thence continuing by Lot No. 7, North 1 l degrees 31 minutes 33 seconds Nest, 192.99 feet to an existing iron pin in line of lands now or formerly of Timothy B. Byrne; thence by lands now or formerly of Byrne and Township Route 358 (Helen Avenue), North 70 degrees 02 minutes 00 seconds Bast, 50.49 feet, to an existing iron pin; thence by Helen Avenue, on a curve to the right having a radius of 1,519.17 feet, a chord bearing of South 14 degrees 14 minutes 53 seconds East, an arc distance of 1.29 feet, to an existing iron pin, the place of beginning. CONTAINING 0.495 acres per said survey. SUBJECT TO THE RESTRICTION THAT THIS SAID TRACT OF LAND MAY NOT BE SOLD SEPARATE AND APART FROM TRACT NO. 1 (LOT NO.6 ON THE AFORESAID SUBDIVISION PLAN.) SUBJECT TO the rights of the owners of Lots No. 5 and 7 as shown on the aforesaid subdivision plan to the use in common with the Grantee herein to use the said right of way for ingress, egress, regress and access. FURTHER SUBJECT to the rights, duties and responsibilities for the construction, operation, maintenance and repairs and replacement of the said road, as set forth in the Private Right of way Agreement said agreement being recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Miscellaneous Book 712, Page 4790. FURTHER SUBJECT to an easement as shown on said plans for a snow stockpile and for the installation, operation, maintenance, repair and replacement of water line and sewer lines. AND FURTHER SUBJECT to the specific building and other restrictions as set forth in Cumberland County, Pa., Deed Book Volume 266, Page 3327. BEING the same premises which Allen M. Newswanger, single, by Deed dated August 30, 2005, and recorded September 1, 2005, in the Office of the Recorder of Deeds in and for the County of Cumberland. Pennsylvania, in Book 270, Page 3835, granted and conveyed unto Bruce L. Lebitz and Heidi Lebitz, his wife, Mortgagors herein. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200825647 Recorded On 7/29/2008 At 9:48:12 AM * Total Pages - 13 * Instrument Type - MORTGAGE Invoice Number - 25976 User ID - RAK * Mortgagor - LEBITZ, BRUCE L * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - CAPITAL ABS'T'RACT * FEES STA'V'E WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FESS - $27.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $54.50 Certification Wage DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS " -1nhrmation dsnotsd by as asterisk may change during the veritiestion proesss and may not be reflected on that page. Commonwealth of PENNSYLVANIA NOTE 49 FHA Case No Loan 18 MERS MIN JULY 22, 2008 1I I HELEN AVENUE, SHIPPENSBURG, PENNSYLVANIA 17257 (Propcrty Address] y' 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means MORTGAGEIT, INC. 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 TWO HUNDRED SEVENTY FIVE THOUSAND ONE HUNDRED FIFTEEN AND NO /100 Dollars (U.S. $ 275,115.00 ), 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 SIX AND 50/100 percent ( 6.500 a/o) 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 SEPTEMBER 1, 2008 . Any principal and interest remaining on the first day of AUGUST 2038 , will be due on that date, which is called the maturity date. (B) Place Payment shall be made at P.O. Box 986 Newark, New Jersey 07184-0986 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. $ 1,738.91 'this amotmt 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] F-lGraduated Payment Allonge 0 Other (specify] = Growing Equity Allonge 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 AND 001100 percent ( 4,00 "/o) 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 attorney's fbes 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 thisNote. First American Loan Production Services Page I of 2 FI1A Fled Rate Note - 4105 First America Real Estate Solutions LLC FALPSq USI Rev. 02-01-08 bi? a* as 9 # 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 NOT CES Unless applicairetlaw requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it dr 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 slated 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. 10. SALE WITHOUT CREDIT APPROVAL In additions to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Decd (the "Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Lender shall, if permitted by applicable law (including Section 341 (d) of the Gam - St. Germain Depository Institutions Act of 1982, 12U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is 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, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. FOR VAUIE RECEIVED, pay To The Order of JI'Molgan ChaSe Bank, N.A. 1-2 A,-z ?zrz:- a (Seal) BRUCE L. LEBITZ -BorroNver Without Recourse: MortgagelT, Inc. By: Title: Bonnie L. Bachmann, Assistant Secretary Pay to rder of. W ho Me J se ' N . cea a Smith, Assns reasu r 01. 4_r5e (Seal) HEIDI L. LEBITZ -Borrower (Seal) -Borrower - (Seal) Borrower First American Loan Production Services Page 2 of 2 First American Red Fatale Solutions LLC FALPSS US 1-2 Rev. 02-07-08 REPRESENTATION OF PRINTED DOCUMENT Chase (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 January 03, 2012 Return Service Requested 8.746.62646-0025215.001-01-010-000-000-000 BRUCE L LEBITZ 111 HELEN AVE SHIPPENSBURG PA 17257-8224 Acceleration Warning (Nntice of Intent to Foreclose) Account: Property Address: 1 I 1 HELEN AVE SHIPPENSBURG, PA 17257 Dear Bruce L Lebitz: CHASE 00 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 04/01/10. 2. As of 01/03/12, 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 $45,722.28 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. If you have any questions about the amounts detailed below, please contact us as soon as possible at (800) 848-9380. Total Monthly Payments $46,305.39 Late Fees $0.00 NSF Fees $0.00 Other Fees* $0.00 Advances* $635.00 Amount Held in Suspense $1,218.11 *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 set forth in Paragraph 3 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees, and other fees, as permitted by applicable law. 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. INTERNET REPRINT fy?h*%A " t to REPRESENTATION OF PRINTED DOCUMENT 3. Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2 within 35 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. 4. If you fail to cure the default on or before 02/07/12, 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. 5. 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. 6. 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. 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. 7. 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. 8. 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. 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. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT Sincerely, Chase (800) 848-9380 (800) 582-0542 TDD / Text Telephone www.chase.com Enclosure - Federal Trade Commission Pamphlet 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 of the 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. FOR COLORADO CUSTOMERS ONLY: • You may contact the Colorado Foreclosure hotline at (877) 601-4673 or a Chase Loss Mitigation specialist at (877) 446-8939 to discuss alternatives to Foreclosure. For information about the Colorado Fair Debt Collection Practices Act, see www.ago.state.co.us/cadc/cadmain.cfm. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT FOR ILLINOIS CUSTOMERS ONLY: • You may have recently received a "Grace Period Notice" that is required under Illinois law allowing you thirty (30) days to obtain approved housing counseling. The notice provided that if you obtained housing counseling from an approved housing counseling agency, you may be entitled to an additional thirty (30)-day grace period. The law does not require us to wait until the end of any additional thirty (30)-day grace period before sending you this thirty (30)-day demand letter. If you have obtained an additional thirty (30)-day grace period, you still have the full additional thirty (30) days from the date we receive notice from an approved housing counseling agency that the agency is working on a plan to resolve the delinquency before we will commence legal action. FOR NEW YORK CUSTOMERS ONLY: • We recently sent you a notice that is required under New York law that you are at risk of losing your home due to delinquency, and that you have several options available to you that may help you keep your home. The notice provided that if the delinquency was not resolved within ninety (90) days from the date that notice was mailed, we may commence legal action against you. The law does not require us to wait until the end of the ninety (90)-day period before sending you this thirty (30)-day demand letter. You still have the full ninety (90) days from the date that notice was mailed to resolve the delinquency before we will commence legal action. BR 160 INTERNET REPRINT REPRESENTATION OF PRINTED DOCUML=N-i" Chase (FL5-7734) PO BOX 44090 Jacksonville, FL 3 223 1-4090 January 03, 2012 Return Service Requested 6-746-62"6-0025216-001 -01-01 0-000-000-00 0 HEIDI L LEBITZ 111 HELEN AVE SHIPPENSBURG PA 17257-8224 Acceleration Warning (Notice of Intent to Foreclose) Account: Property Address: 111 HELEN AVE SHIPPENSBURG, PA 17257 Dear Heidi L Lebitz: CHASE 0 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 04/01/10. 2. As of 01/03/12, 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 $45,722.28 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. If you have any questions about the amounts detailed below, please contact us as soon as possible at (800) 848-9380. Total Monthly Payments $46,305.39 Late Fees $0.00 NSF Fees $0.00 Other Fees* $0.00 Advances* $635.00 Amount Held in Suspense $1,218.11 *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 set forth in Paragraph 3 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees, and other fees, as permitted by applicable law. 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. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 3. Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2 within 35 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. 4. If you fail to cure the default on or before 02/07/12, 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. 5. 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. 6. 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. 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. 7. 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. 8. 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. 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. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT Sincerely, Chase (800) 848-9380 (800) 582-0542 TDD / Text Telephone www.chase.com Enclosure - Federal Trade Commission Pamphlet 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 of the 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. FOR COLORADO CUSTOMERS ONLY: • You may contact the Colorado Foreclosure hotline at (877) 601-4673 or a Chase Loss Mitigation specialist at (877) 446-8939 to discuss alternatives to Foreclosure. For information about the Colorado Fair Debt Collection Practices Act, see www.ago.state.co.us/cadc/cadmain.cfm. INTERNET REPRINT 4 . , . REPRESENTATION JP PRINTED DOCUMENT FOR ILLINOIS CUSTOMERS ONLY: • You may have recently received a "Grace Period Notice" that is required under Illinois law allowing you thirty (30) days to obtain approved housing counseling. The notice provided that if you obtained housing counseling from an approved housing counseling agency, you may be entitled to an additional thirty (30)-day grace period. The law does not require us to wait until the end of any additional thirty (30)-day grace period before sending you this thirty (30)-day demand letter. If you have obtained an additional thirty (30)-day grace period, you still have the full additional thirty (30) days from the date we receive notice from an approved housing counseling agency that the agency is working on a plan to resolve the delinquency before we will commence legal action. FOR NEW YORK CUSTOMERS ONLY: • We recently sent you a notice that is required under New York law that you are at risk of losing your home due to delinquency, and that you have several options available to you that may help you keep your home. The notice provided that if the delinquency was not resolved within ninety (90) days from the date that notice was mailed, we may commence legal action against you. The law does not require us to wait until the end of the ninety (90)-day period before sending you this thirty (30)-day demand letter. You still have the full ninety (90) days from the date that notice was mailed to resolve the delinquency before we will commence legal action. BR 160 INTERNET REPRINT VERIFICATION Calyo iio,ruc , hereby states that he/she is %c_Q Rr -- ;r 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 unsworn falsification to authorities. Oame: Elma H/opic DATE: 04 -os -1a Title: Vice President Company: JPMorgan Chase Bank, N.A. S&D FILE NO: 12-041061 Bruce L. Lebitz and Heidi L. Lebitz St?(c essor b meqr iv ew ftwx f(nuncz I Plaintiff(s) vs. &0(( L - Lebo fL and E4eld, L. Leb; fZ Defendant(s) IN THE COURT OF COMMON PLEA&1?0(;? t = CUMBERLAND COUNTY, PENNSYL`irANIA _:., a - ?3S 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 on your behalf. If you and your lawyer complete a financial worksheet in the format attrched 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. Respec ully submitted: 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: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $_ Realtor Name: _ Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: Phone Numbers: Home: Cell: Email: # of people in household: Mailing Address: City: Phone Numbers: How long? State: Zip: Office: Other: State: Home: Cell: Office: Other: Zip: Email: # of people in household: How long? First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Primafy Reason for Default: Date You Closed Your Loan: Included Taxes & Insurance: 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 41: 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: 1. 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 2 Mort a e Utilities Car Payment(s) Condo/Nei h. Fees Auto Insurance Med. not covered Auto fueVre airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Day/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 F] 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 lend'er's counsel: Yr Proof of income Y Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Y Letter explaining reason for delinquency and any supporting documentation - J (hardship letter) V Listing agreement (if property is currently on the market) 3 r--e SHERIFF'S OFFICE OF CUMBERLAND COUNTT- Ronny R Anderson 1 Sheriff Jody S Smith ttSttti' t ?,Itl.h?? " 1C1 Chief Deputy - =' .. _..r .. r -I _... , 3- Richard W Stewart Y Solicitor -' JP Morgan Chase Bank, NA vs. Bruce L. Lebitz (et al.) Case Number 2012-2735 SHERIFF'S RETURN OF SERVICE 05/07/2012 04:57 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 7 2012 at 1657 hours, she 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: Bruce L. Lebitz, by making known unto Heidi Lebitz, Wife of Defendant at 111 Helen Avenue, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. MLL? MICHELLE GUTSHALL, DEPUTY 05/07/2012 04:57 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 7 2012 at 1657 hours, she 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: Heidi L. Lebitz, by making known unto herself personally, at 111 Helen Avenue, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHELLE G TSHALL, DEPUTY 05/08/2012 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 111 Helen Avenue, Shippensburg, Pennsylvania 17257, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program a: not found as to the defendant Occupant. Request for service at 111 Helen Avenue, Shippensburg, Pennsylvania 17257 is only occupied by Bruce and Heidi Lebitz, Husband and Wife. SHERIFF COST: $85.00 May 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF u^iys to ;re -M T e cos ,I[_; ..