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Home My WebLink About12-4953SHAPIRO & 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. 12-041732 JPMorgan Chase Bank, National Association PLAINTIFF VS Russell R. Rhoads 801 Lancelot Avenue Mechanicsburg, PA 17055 DEFENDANT .. t, 10 1 CCUiNTY f'L? ,'sSYLVAITA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUN Y NO:Ia-(4 RS3 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. as I v3.7s,--c1 4? o? 9071 NO. 78447 iC ? i t? vet"; o it 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 NOTIMCACION. 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. 12-041732 JPMorgan Chase Bank, National Association PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Russell R. Rhoads 801 Lancelot Avenue Mechanicsburg, PA 17055 NO: 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., solely as Nominee for American Sterling Bank, a Missouri Corporation its successors and assigns Mortgagor(s): Russell R. Rhoads (b) Date of Mortgage: April 24, 2008 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Document ID# 200834183 Date: October 16, 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., solely as Nominee for American Sterling Bank, its successors and assigns Assignee: JPMorgan Chase Bank, National Association Date of Assignment: June 23, 2012 Recorded: July 13, 2012 Instrument No: 201221030 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 801 Lancelot Avenue, Mechanicsburg, PA 17055 and is more specifically described as attached as part of Exhibit "A". 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B". The name and mailing, address of the Defendant is: Russell R. Rhoads, 801 Lancelot Avenue, Mechanicsburg, PA 17055 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of December 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 June 30, 2012: Principal Balance Due $169,616.98 Interest Currently Due and Owing at 6% $6,784.64 From November 1, 2011 through June 30, 2012 Late Charges $372.54 Escrow Advances $751.46 Property Inspection $56.00 TOTAL $177,581.62 9. Interest continues to accrue for each month that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice of Intention to Foreclose with the information required pursuant to 41 P.S. § 403 commonly known as Act 6 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: BY. Attorneys for Plaintiff S & D File No. 12-041732 WWI d-C: m ?Awv 777 Beachwav Drive. Suite 250 Indianapolis, IN 46224 Prepared by: Ile" TBINIbAD AHBRICAN STBRLXM HAHQ, A W189OUR: COr1POILMOB Slot T. PR3V=CE AVROVIS, gulT6 do$ QR61ttOtMOOD VII,LAQH, CO a 0111 (816) 521.2500 Propotty Address: 601 LANC UAYr AV8H06 NECaAMICBBURG, PA 17053 PIN: MORTGAGE Maker t..om d: c..s: MM:: '111M MORTGM1E ("Seemity Tnatru font") u given an APRIL 24, 2000. The mortgagor is RQ068LL R. RHOADS ("Boymort y -rM Security li oUrmmnt is given to vioripge EleoMMIC Ragistramloc Syttane, 1W- ("MELTS") (solely as nominee for Lender, IN heraiadter delined, and Lendef'a soc cessots and assigns}, as besiolfdary. MERS is arganimd and printing under the laws of Uelswa e. and has an address and telepbene number of P.O. Box 2026, Firm, W 483014026, W. (281) 6".MILRS. MMRScAa eTB1tLxNQ DAM A 111I88OURI CoapogATION ("Lander') to orS90ixad sad existing ceder the kwa orltxssouir, and iaa an addreu of 11206 ti 24 HIGHWAY, SOW CUM NO 64054.8500, Borrower owes Lender the priealps( am of ONE RUMMI D 11XQHrY-TWQ THOUSAND OEM HIMIEND AHD 00/100 Dollars (U.1, S182,700.00? This debt is evitlenced by Borrower's note detod dw aaroa date as Ibk Seoarity lntrtrument ("Note"), which provldu for monthly paynenta, vrkh the full debt, if act paid catlier, dtte sad peyeble or MY 1, 2038. This Security Insitwnent secures to Lender (¦) the ropnyrmoet of rho dkbt evidenced by the Nate, with interest, and all ronswala, axtaodotm and modifications of the Nate; (b) the payment or all ocher tans, with interest, advanced mules pangrmpb 7 to prow the seoartiy or this Security (caterment: and (c) ilia pedlemtaaec of Borrower's covensats and agreements under this Sewn* Instnn nerd end the Note. For this purpose, Borrower does bumeby mortgage, grad and convey w MHRS (selely as oam(Des for Lender and Landar's svccessors and washes) stud to rho rroceaors and essigmts of MW the Following described property located in cum miam Cot", pennaylvank: LaQAL DEBCRIPTIOH ATTACHED HER1170 AHD MADE A PART HOR80[.F-*' bWA which lam the address or 801 LAHMOT RVtIHUR, MRCMMC"UR% Pemsylvmnia 17055 rpmp" Address'); FHA PENNSYLVAMA 1610117oAOR V 409132 fade I st8 11 Exwb?} ' A' 7OGM413R WITH the imprwromcnts now or bereaAor erected on the pmparty, and all umtgmans. nppartenaocea, and 5xurras now or horeafter a part of the properly. All replacements and additions shall also be covered by this Security Irotrament. All of tiro IbMoing is referred to in this Security Instrument as the ..Properly," Borrower undorstainds and agrcos that MFRS holds only loyal title to the interests granted by Boaawer in this Security lnantsocmtt; but, if etacassary to comply with law or custom, N= (as nominee for Leader and Lender's pwcemors and amigns) has the right: Io aimidse nay or al( of those Interests, including, btu not Umdted to, On right to foreclose and sell the Property; and m iske any action required of Bonder iacht ft but not Braked I% releasing or canceling this Security Irotnrnent. BORROWER COVENANTS that Borrower Is Iawlbtly seized of the estate hereby conveyed and his; the tight to mertgttge, grant and convey the Property and that the Preparty u onsneurnbered, ueeoept for encumbrances of record. Borrower warrants and wi0 defend generally the tick: to the Property against all olairm and demands, subjoat to any encumbrances of record. THIS 911CLIRPCY INti'fR1IMENT combines uniform eaV0lanto for national asc and nut)-uniftim Wt'Wauts with limited variations by jurisdiction to constitute a uniform security insbv card covering real property. UNIFORM COVRNANTS. Borrnaw itod Leader covenant agree as foAows: 1. rayment of Prlacipl, bterest Raid Lan Charge. Ba m+ower shall pay when due lite principal oC and interest on, the debt evidenced by the Note and late chatpoe due Motley the Note. 2. Monthly Payment of Tana, Insecance, and Otter Charges. Borrower 4*1 include in arch monthly payntent, together with the principal and interest asset forth is fiseNote and arty late charges, a sum for (a) laden end special atastmtents tavled or to be levied against Iha Property, (b) laosobold payments or grooodx its on the Properly, and (a) premiums for insurance "grad under paragraph 4. In any year in which the Lander cant pay a soodpita insumnee p,cmiom to the Seurtary of Housing and Urban Development ("Secretary"), or in arty year In which such pfentduro would have beam required if Leader still bold the Security inamnant, otah monthly payment aball tibo include either. (i) a stun for fin annuat mortgage insussroct pmatkrm to be paid by I.erldar to the Soerehry, or (ii) it moad y ehsrge hrsread of a mortgage insurance premium if this Security loabvment is held by the Secretary, in a reasonable amount to be dowichted by the Soerataty. P=cpt for the moarbly charge by the Secretary, Ihese Items are called 'escrow Iteaor" ad the stunt paid to Lender are called "Escrow Funds" Ladlw may, ac any time, eolieot and hold aamovats dbr Escrow Items in an aggregne arnoam not to exceed the mndmum amount tint may be required for Borrower's ate" aotormt under the Rest Estate Settlement Procedures Act of 1974,12 U.S.C, Scotian 2601 at seq. and imp4mmting regrutatinm, 24 CPR Pen 3500, as they may be atnoode . rmm time to time ("RESPAI, croxpt that the cushion or ruuetvc perrrtiued by ILMA Ix aosaticipated drtitwou fonts or dis2ursranants baton the Bmmrnver's paymenis are available in the account guy not be based eat amounts due for the moRgage. ini a wwo prendhon. If the amounts held by Loader thr S row Itarns exceed the smodnts pottnitted to be hard by RESPA, Lender shaft account to Borrower for ON moss tiards as requited by RWA. IT the amounts of funds bold by Leader at nay time are not suaieicm to pay On Userow Items when duc. Lander nary notify the Dorroner sod require Sonower to melee op the shortage as permitted by RWA. The Weave Fonds are pledged as additional security for all sums secured by Ibis Security Instmmem. If Borrower teadees to Lender the l ult payment of all such sums, Harrow is account shall be meted with the balance remaining for all installment items (a), (b), and (c) and any mortgage iasttrantw preutiort iaatallntoot that Lander has not become obligated to pay to the Secretary. and Louder shall promptly refund tiny noeas funds to Bommor. rmmadiateiy prior to s foreclosure saint of the Propcny or hs amilsidon by Lawler, Bornawar't account shall be credited with any bedarrec remaining for all installments for items (a), (bL sod (c). 3. Application or Payments. AN payments under Pnmgraphs I and 2 shall ba applied by Larder as MA 11101SYLVAMA MCMACM dui 400.22 %so t oil follower First. b the mortgege irwrrance premium to be paid by Leader to the Secretary or to the monthly charge by the: Secretary insloW of the munWy mortgage inaaretue pnemtum; Second to any lazed, special uaooments, leasehold payments or ground rents, and five, flood and other hazaiaumlroe promi", a Mquirod; Third, to merest due under the Note; Fou t6, to ammrrsation of tho pritcfpal of the Note; and h', to late charges doe undaft Neb. FF Tft •t, Fire, hood sad Other Vourd Insurance, Borrower sball Insure an improvemmi on the Property, wherher now in existence or smbsequottly erected, against any hazards, aaswhice, and corn ingatoios, I"ud'ovg fire, for which Loodar require Inane is o, Thia Insimmet don be nainiained In the amoapb and for the periods that lender roquires. Borrower shall also insure all improvexnaros one fire Property, whether now in existence or subsequently erected, against Ions by floods to die nienl required by the Socmtary. Alt Iowa= shall be carried with companies approved by Lender. The histirence policies and any re+saaraIs shall be held by Louder and shall be include ton payable clauses In favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shell give Lender immediate notice by mall. Leader may make proof of loss if nor made promptly by Borrower, Each insurance company eoncemod is hereby authorized and directed is make payment for stub loss directly to Lender, instead of to 96rnower and to Leade jointly. All or any peat o f the Irattranoo procceds may be applied by Labdm, at ens oplkX4 either (a) to the rethretion of the indebsed,xeas under the Note asset this Seawky, lasWment, list to any delinquent aaoonu ttppdled in the order in Paragraph 3, and thou b prapaymoot of prim1pol, or (b) to the restoration er repair of the damaged Propeaty. Any applicaft of the proceeds to the principal shell not axtead or postpone the due date of the monthly payrnonts which are referred to in Paragraph 2e, or change the amount of acerb paymcm a Any cocas inataaaco proceeds over ea emnant required to pay ail oulstan&* indebtedness under Ilia Noe and this Security Inahtarnmt stall be paid to the entity legally ondtlod disk, In the event of forechnmre of this Security iostmtnent or other transfer of title to the. Property that wdiavishos tiro indobiahboss, all right, tide and inwea or Borrowor in and to insurance politico in farce shall pass to the pomhasor, S. Occupancy, Preservadery Maittenast" and Pretectimt of the Property; Borrower's Loan Application; Leaseholds, Botmwsr stall occupy, establish, arts asp the Propaq as Baurowor's prwpnl residarce within sixty days after the execution of this Security Instrument (or within aixty days of s. later ale or transfer of the Property) and shall continue to occupy the Property as Borowor's principal residers a for at least oat year after the date of occupancy, mnles; Leader determiaa that re"iremont will cause undue hardship for Borrower, or unless exumtating chcumatanGes exist wbich arc beyond BmRmwe 's control. Borrrmes shall notify Leader of any axteaa ft circumManew. Borrora shat) not commit waste nr dedroy, damage or subaantially change the Pmporty or allow Ibe Property to deteriorate, wasonabia weer and tear excepted. Lauder may inspect the Property if the Property is vacant or abandoned or die loan is in default. Lender tray take rrasonoble scilm to pmtect and preserve such vacant or ebandaxd Property. $Wawa shall also be In default if Borrower, during de loan application process, gave materialiy false or inawarate informwian or statements to Lender (or filled to pravido Lander with any material information) is connection will EM teen ovideneed by the Nola, includtng, but not limited to, tepraattaNons rxesoerelibsg Borrower's occupancy of the Property as a prhsolpal rwidaneo. If this Security lostromew is oa a i mabold, Bortaver shall comply with the provisions of the lease. If Boaower aegahes fee title to the Property, the leasehold and fee title shall not be merged w less Lender agrees to the merger In writing. 6. Condemnation, The proceeds of any award or claim for damages, direst or cottsegtemtial, in connection wish any condemnation or other takhna of any part of the property, or for etxrveyaaee in place of condemnation, an Imnby asaignod and shall be paid to Lender to the extent of the full araouot or tho indebtedness that retrains unpaid under ilia Note and Quit Sw rity losumooot. Loader shall apply such prooccds to the tuductioa of the indebtedness wxW the Note sad this Security Instrument, first to any dollmi cat arnotnis applied in the order provided in Paragrapa 3, and then to prepayment of priuoipal. Any t'ItA.M..4 J*VLtaNla MOaTGAOE 45) 400.31 Page, 3 of t application of the proceods to the principal ;hall not ottand or postpone cite duo date of the morebly paynueats, which we referred to In paragraph 2, or cbange the smoust of such payments. Any execs, prooaods ova an anrotmt required IQ pay A ontstattding ladebtedlwss twdu rho Note and Ibis Stxwrity instrument shall be paid to the ontity logaly, entitled ilureht. 1. Charge: to Borrower and ProtecMon of Lender's Rights In eke Property. 8ortowcr shell pay all govem nctski or municipal ahatges, fines and itttpositiens that art: not included in Pere"It 2. Botrnwst shall pay these oblip"te on time directly to the entity w*b is owed the payment, If failure to pay would adversely effect Londer9 interact in the Property, upon Lendar'e regneat Borrower shell Promptly ebrrdsh to Lender receipts evidencing those payments. If 5orw-or fella to make theso payments or the payments ragttired by Paragraph 2, at fails b perform any other covenants and agroemeare eoataiaed in this Security 1ttaVVmemt, or there It a logal proceeding tki may sipffloaotly, affect Lender's rights In duo Property (such as a proceeding in bonknipley, for eondozation or to oafibme lases or regulslions? then Lmder may do and pay whatovar is necessary to protect We valve of the Property and Loader's 40% in the Ptopemty. including paymm m or taxes, Lazard kouvanee and other Uanu mentioned in Paragroph 2. Aay amounts diobussod by Londar under this Paragraph sbali baeom an additional debt ofoormwer and be secured by be Sonrity Instrument. These asnoinsho sheds hoar interest from the date ofdisbursaneot at the Note rasa, and at the option of Lender shall be irtwxdisteiy doe and payable. Borrower shuts promptly discharge any lien which lies priority over ihria Security lostrosnent West Borrwer; (a) agron In wri tg to the payment of the obligation aoourod by the Ikon in a mariner aaxptobk to Leader, (b) contests in good faith the lion by, or defends againat enforcement of* tics in, legal proceeding, which in the Lender's opioioo operate to prevent tho onfosm:gnont of the he% or (t) securer from die holder of the lion an agmcmomt satisfactory to Lender subordinating the lion to this Sons ity las rument. If Lender deteratioes that any put of the, Property is subject to a Hen which may attain priority over this Socw* lostrematt, Lander may give ort=& a notice ideritifying The lien. Borro a shall satisfy the lien or the one or mare or die actioco not fords shove withiu 10 days of Vat giving of notice, 8. laces. Lender may onUect fees and charges authorized by the Secretary. 4. Gmtmdk for Aatelention of Mbt. (a) Default. Lender may, enccapt as limited by regplntienf ismed by rho Scatiluty in the case of payment ddoulta, require irtriediate psymetx in fell of all sums seeored by this Scantily luattumem It (i) Borrower dmtfmOM by failing to pay in full airy monthly payment required by this Security Instrument prior to or on this due date of the next monthly payment, or (it) Bomr ma delimits by failing, for a period of ibbly days, to perorm any other obligations contained in tins Security inrirutneat. (b) Salt Without Credit Approval, Lender shall, if permitted by applicable law ('mchrding Section 341(d) of the Gam-St Germain Depairl" Itunianiorn Act of 1982, 12 U.S.C. 170Ij-3(d)) and w0b rho prior approval of the Secretary, require bnrnodlate, payment In MU of all sums secured by thia Security instrtme at if n All or part of the Ptoporty, ora beneficial interest in a tmst owing all or part of the Property, is sold or ethemwise transferred (other than by devise or descent), and (ii) 'flis Property is not xcupiod by the purchaser or grantee as his or her principal residence, or the purchaser or wanton does so ectupy the Property, brit his or liar credit has not been approved in accordance with the requirements of ino Secretary. (c) No Walver, if circmmtances ooew dot would permit Leader to ,squire immediate payment in 16111, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent ovti ts. PNA PDOCYLVANIA MORMAQ(c t'' 4M U Pap[ are (d) Regulations of i1UD Secre ery. In many circumstances tcgubnimte owed by the Scomary will limit Leader's d0ex, in "ease otpayment 4ef W%4 to tagairs Immcdfam payment in fail and facalose if not paid. This Security Instrument does not author= accokretion or fbroclo rum if cwt peteoiltod by regulations of the Soorstary. (e) f'1'tertgmge Not Insured. Borrower agrees that it this Security Ttatritmeet anti the Note am not determined to be eligible for insmuce under the National Housing AA widtin 60 days from the dab horoolr Leader may, at He option, ragtdee immediate payment in foil of all some se-red by this Security insunment A written slatemem of my arnhorind Went of the Smeary dated sutlstxptout to 60 days days from Ilia date hereof, declining to insure this Security Insnumeal and the Note, shell be doomed coneiusiwe proof of such ineligibility. 1tolvrltltstsntGrtg the foregoing, this option may not be exercised by Lender when the tteavailsbIlity of insueareca is solely dote to Lender's failure to remit a Mortgage insurance pmmutm to the secretary. 10, Rdmstatement. Borrower has a rigitl to be rohwtated if Lender has required itmatediate payment in full because; of Harmwer's failure to pay an amount duo under The Note or this 9murity instrument. This right applies even after foreclwure pmccoding , am Instituted. To ralmo ; the Sorority Instrument. Bomower shall tender is a lump sum all amounts required to bring Boo ower's =count current including, to the extent dray am obligation of Borrower under this Svwmky Instrument, foreclosure coats end reasonable and umiamory attorneys' foot ¦nd expenaex properly aswehted with the foreclosure proeoeding. Upon musshtement by Borrower, this Seearity Twimmtont and the obligations that is scam; shall Tomoim in affect as If Leader had not "irod immediate payment in full. Howevoti Lender is not required to pemtit tehs4tetmnt if (p) Loiter has ictepted ref statement aiber elro Commencement of fbracTosure proccodlagn within two years itr usetlialaly preceding the tom staxerneul of a otaxent f witteure pmoeed% (i) reinstatement tviU prealnde f ndamn on diBereet gounits in tie fuf re, or (nil) reinatntemont will adversely aRoct the priority of the lien aaatod by thin Security lnuoraent. 11. Borrawor Not Released; Forbearance k Lender Not a Waliv= Extension of the time of pnyumt or raadificetion of amortization of the stale soca ed by this Security lawurneat Satiated by Lender to any samenor in interest of Borrower Asti not operate to release The Kobil'rty of the original borrower or Borrower's successors In Interest, Lender shall not be nequhcd to cotemeneo proceedings against any successor in interest or !arise to extend time for payment or otherwise modify, amortization of the soma secured by this Seomlty hrtbtunmt by ranan of any domaud made by the original BormnTr or Bormwor't succcssues in Interest. Any forbeooaa by Lender in exercising any right or ramedy shall not be a waiver of or preclude the exercise, of may right or remedy, 12. Successors and Assign 1lenad; Joint and Several Liability; Co-Slgnem 'the Covananw and agreements of this Seourlty loomnscot thrall bind cad benefit the saaassors and assigns of Landet and Borrower, subject so the provisions of paragraph 9(h). Borrower's covenants and gmternoota shall be joint and several Any Borrower wbo cosign this SCCUrhy hntr nnent but does not execute the Note: (a) ix co- signing this Sectidry lnsnumeat only to mort&W grant end convey that Bofrow Kr s intorad in the proparty under the kips of this security lrohement; (b) is not personally obligated to pity the turns secured by this Security Inswment; and CO agrees that Gander and may ocher Borrower may ogre to extol modify, forbear or make any oca0tnntodation with regard to the term of this Security kaeriumnl or the Not without Bret Bormwae3 coascm. 13. Nodeec Any notice to Borrower provided for in this Security Lmmmeat shell be given by dolivoring u or by meillag It by first doss mail unieu appiicnblo law r4cloitts Use of anniber medvA The notice shall be drooled to the Properly Address or any other addrew Borrower designales by netice to Leader. Any notice to Lender shall be givov by thst class mail to Leader's address stated Itereia or any address Leader designates by notice to Banowet Any notice provided for in this Security Inshmnera sholl he, denoted to have been st" to Boarowor or Tender when given as provided in this paragraph. 14, Governiag Lair, Severab[tty. This Security Insrument shall be governed by fcdotal law anti the bnv of the jurroJictioa in whieh den property Is located. In rho event that airy provision OT chalet Of this FHA PEWSYLVANL\ MORTGAGE 1Oo 400.32 Page S are Security Inabutnew or the Note oontlicts wttk applicable law, such corrftict shall not affect otbcr ptovixion of this Security Instrument or the Note which am be Sawn ellbet without the oonttidiag provision. To this end the provisions of this Security Inalrueteat and the Nob ace declared to be sevorabte. 13. Borrower's Copy. Borrower shall be given on comfmned copy of the Note And o f this Security Insttumont 16. Hazardous Substances, Borrower shall not eatvx or permit the presence. hue, disposal, storage, or Minn of arty Haardout Substances mil or in the Property. Borrower abap not do, nor allow anyone else to do, anything afbcft the Pmporty that is in violation of my Bmlrooxtmtel Law. The precaft two aentenees shall not apply to the presence, use, or storage on the Pnoporty of small q ontities of Hadar ms Substances that arc generally recognized to be appropri to to normal residential hates and to nxintenanoe of [be property. Borrower shall promptly giva Lender written notice of my iavoatigation, claim, demand, lawsuit or other action by any govaramettal or regulatory agency or privrde party involving the Property and any Hazardous Substance or Euviroamcatd Law of which Borrower has tubwl kauwlerlge. if Harrower barns, or Is Willed by any governumotal or regulatory authority, that cry retnoa al or other remedlatioe of any Hazardous Subraanees otifacling ties Property is nomanry, Dorrower shalt pnwopdy take all neodtseuy remedial idiom in aecordsomwilb P.nvirwrountal Law, As used in this pangmph 16, e8aaardoa4 SubnancoO we those substances donned as toxic or hazardous substances by Environmental Law and the following substances! gaaoline, kerosene, other flamonabla or tacit parroleurn products, toxic pesticides and borbioldes, volatile solvents, matedahs owtoinkrg asba" or fatnn ldehyde, and a diomative materials. As used to the paragraph 16, "lin irowdital Levee meant federal laws and laws of the Jurisdiction whom the Property Is located that relate to health, $staty or envircrunemal protection. NON•UNprORM COVBNAW M Boaowor and Loader further connau and agree its follows; 17. AsvkpMent ofYemts. Borrower unconditionally assigns and transfers to Lander an the raw and revenues of eke Property. Borrowa autkorizas Leader or Lender's agents to collect the rears and mvomres and hereby dhom tack tanaAt of eke Property to pay the rents to Lender or Lender's agents, However, prim to Lender's notice to Borrower of Borrower's brqudt of say twvcmaat or agteeemeut to the Sea dty Instrument, Borrower shall con*% and receive all mom and revenaas of the Property as trustee for the bandt of Lenderand Borrower. This esalgaateat of routs oonadbstas an absolute assignment aid not in assignment for addhional sccmrip only. if Lender gives notice of breach b Borrower; (t) all rats teeoived by Borrower shell be hold by Borroww to ttuabe for benefit of leader only, so be applied to the sums secured by the Security bubumet; {b) Lender shall be entitled to calloct and reoalve all of tea rands of the Property; and (c) each tenant of the Property shall pay all fonts due and unpaid to Lender or Lender's agent on Loader's writaeu demand to the toasnt. Bomnvar has not executed may prior assignment of the rents sad has not and will ant perform any act that would prevent lender from morcisiag Itsrighhs under this Pssmgraph 17. Leader shall not be required to enter upon, take control of or maintain the property before or after giving nodee or breech to Borrower. Howem. Leader or a Jwdloially appointed receiver may do so at nary time then is a breach. Any application of mats shall not care or walve any default or itt WWate any other right or moody of Leader. This assigtunent arrests of the Property shall terminate when the debt sunned by the Security instrument is paid in fall. I& Foreelesure Prmaedtwe. It Lender requires immediate payment is full under por"h 9, Lender Cosy initials foreclose by )adiolal procoodinga and/or involve any older romadies permitted by applicable law. Lander shall be entitled to collect all expenses incurred is pursuing the ramedies provided in this paragraph IS, including, but not limited to, ressnnable attoraeys' fags and costs of dab evidence to the extent permitted by applicable law. If the Lenbder's Interest in this Security Instrument is bold by the Soerotwy and the Secretary requires imrnedlate payment in full under t'aragnpb 9, the Secretary may invoke the nonjudicial power of sale PRA I•MMYLVANIA MOKMAd8 40 400.12 Para 6 oft provided in the Single I roily Mortgage Foreclosure Act of 1994 CIAO') (12 U.S.C. 3751 at sag.) by requesting a foreclowri commissioner designated under the Act to otnumerea foredos ms and to sell the Property as provided in the Act. Notting in the preoadiog sentence shalt deprive the Secretary of any rights otherwise available to a Leodor under this Paragraph 18 or applicable law 19. Release, Upon paymak of •11 W1at6 scarred by this Security'Insrumem. this Security Tastrvme nt and the estate conveyed shag lormhnle and bownic void After such occurreace, Lender shat discharge avid satisfy this Security TUSIMMnt without Charge to Borrowwer. BOMM shall pay any feoordadW coats. 20. Walvis. Borrower, to the extent puminiod by applicabk law, waives and releases any error or defects in proceedings to enforce this Security Insimmot, sod hereby waives the benefit of arty psesatt or future laws providieg for slay of exoc ution, extension of lime, exemption from atraehacm, levy of sak, and homestead taemptioa. 21. Reh istalareat Ported. Borrowar's time to rolnatate provided in paragraph 10 shall extend to one hour prior to ft commencement of bidding at a SberiTs sole or other sale purxuant io this Security Inetmrowt. ri. Parchasu Kelley Mortgage. If any of the debt seatred by this Security Instrument Is lent to 134wrower to squire lice to the property, tdr Security Inshuntent sball be a purchase money mortgage. 23. Interest Rate ARcr Judgment Borrower agrees that the 40erast rate payable aft a judgment is entand on the Note or in an action of mortgage fefeel05rre shall be Ste rate payable from rime to lime Vaor the Note. 24. Riders U this Security Instrument If one or more riders am executed by Borrower and recorded togethar with ibis Scowity Jrgmnisant, the covenants of each such rides shall be mcorptimod ho and shall amend and supplement the oevemnta and agreereeota of this Security brmvroent as if the rider(s) were in a part of this Security Inattnmtmt. The Following Rider(s) arc to be executed by Borrower and are anched harem sod made a part thereof (check box as applicable: O Coodontittium Rider D Growing Equity Rita 0 Adjustable Rate Rider O Planned Unit Developmetil Rider 0 Graduated Payment Ritter 13 Other(s) f specify] BY S)ONINf3 BRIM, Borrower accepts and sgrees•to the terms ctralained in pones I through 5 of this Severity hntruoteot end in any rider(s) oxecuted try Borrower and recorded with it. T4 is a cooham uttdor and maybe enforc urtdea 42 Pe.C.S. Section 5529(b) 14r • DORROM • RU66ELL R. RUGADS - DAT$ - FAA ?ENNMVANIA MORTOAGE !aD 4aa32 Pass 7 ota Thh Lim SPATE OF PPYA`?' f COUNTY OF e /*V4 141 r 0 this the ` ds obefore me. t vadwakepAd of6c , porwna y appmwd known to me (or sadisfactorily proven) to be the pawor[s) whose name(s) we sabaodW to the within instnsnont and acknowledged lbat hdshelthey oxeoeted the acme for Cho purposes thereln contained In Me= whereof, l her unw set lily baud and official seal. Public 1 evnahftv, M , er aYOf 1Wtt71t f] f *EtNlYLM! My Commission Expaes "Wow $601 4Na1 IMhrt TWe tlnphis 6wwr Camialrait bl "IS A 2911 CMlftCATB OF RESIMCE 1. do hcroby oertify that the oormt address of the withls-monad tender is 1 206 8 28 111MMY. SVC" CM=, xo 66054 -0500 wimm ury band This 24TH day orApRxL, 2oo6. Agent of Lender Dam Rt I M 4 FHA YANN8YLYANIA MORTCLW! d9b 4W2 Peaeaer1 EXHIBIT A 21"Will LEGAL D)E;SCRIMON Parcel 30-208-0199-0000000-42 The land referred to in the Commitment is located in the County of Cumberland, Commonwealth of Pennsylvania, and is described as follows: ALL THAT CERTAIN lot of ground situate in Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on a cut de sac at the Eastern end of Lancelot Avenue at the Southwest corner of Lot No, 87 on said Fiat; thence South 33 degrees 12 minutes 31 seconds East 217.69 feet to a point; thence North 83 degrees 00 minutes 30 seconds West, 271 feet to a point; thence by the dividing line between Lots Nos, 88 and 89 on said Plan, North 27 degrees I 1 minutes 40 seconds Past, 190.68 feet to a point on the aforesaid cul de sae; thence by said eul de sac in an Easterly direction by as are or curve to the right with a radius of 50 feet, an arc distance of 75 feet to a point, the place of BEGINNING. BEING Lot No. 88 on the Plan of Lots of Center Square Manor, Extension "A", Plan No. Four, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 25, Page 81. BRING the some pramtses which Edyth E. Cook, widow, by Warranty Deed, dated October 12, 1999 and recorded November 1, 1999 in the Office of the Recorder of Deeds in and for the County of Cumberland in Pennsylvania, at Book 210, Page 777, granted and conveyed unto Russell R. Rhoads and Helen Wilding, husband and wife, in fee. Property Address (for Informational Purposes Only): 801 Lancelot Avenue Mechanieaburg, PA 17055 BRTN 30-2108-0 199-0000000-42 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number -2MB34183 Recorded On 10110008 At 11;55;16 AM * Total Pages - 10 * toorumeot Type - MORTGAGE Invoice Number - 30659 User ID - RAK * MDrtgager - RHOAM RUSSELL R * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC "Customer - ARCHER LAND * FEES STATE WRIT TAR $0.50 STATR JCS/ACCESS TO $10100 JUSTICE RECORDING IMRS - $21.50 RECORDER OF DZIMS PARCEL CERTIFICATION $10.00 FEss AMRDABLE SOUSING $11.50 COUNTY AP=IVES FE6 $2.00 Certification Page DO NOT DETACH This page is now part oftltis legal document. ROD ARC8IYE8 FEE 03.00 TOTAL PAID $58.5D I CerH4 this to be recorded in Cumberland County PA RECORDER Q D DS Inrorantton denoted by as aeierhk msy ch2age during the vsAtteaNon proem end may not be reflected on thin pegs, 111111011111 f NOTE aaonn? Loan # MIN: ' (AFC),. --40101172-7U3 APRIL 24, 2008 INDIANAPOLIS INDIANA [Date] [City] [State] 801 LANCELOT AVENUE, NECHANICSBURG, PA 17055 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means AMERICAN STERLING BANS, A NISS013RI 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 EIGHTY TWO THOUSAND SEVEN HUNDRED Dollars (U.S. $182,700. 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 percent (6.000%) 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, decd of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which aright result if Borrower defaults under this Notre. 4. MANNER OF PAYMENT (A)'Iime Borrower shall make & payment of principal and interest to Lender on the first day of cacti month beginning on JUNE 1, 2008. Any principal and interest remaining on the first day of MAY, 2038, will be due on that date, which is called the "Maturity Date." (B) Place Payhnent shall be made at 11206 E 24 HIGHWAY, SUGAR CREEK, MO 64054-8500 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, 095.3 8. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other iteins in the order described in the Security Instrument. (D) Allonge to this Note tar 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 bm) ? Graduated Payment Allonge ? Growing Equity Allonge ? Other [Specify] 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 nronlh. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid fur 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 writnhg to those changes. ? 36.5 Page 1 of 3 FHA Maldstatc Fixed Rate Note -12101 6. BORROWER'S FAILURE TO PAX (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. 000%) 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 fill of the principal balance remaining due and all accrued interest. Lender may choose not to excreise 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 STUD 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 cidbreing 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. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice dint 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 Leader 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(13) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifutore 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 tights 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. -12? 363 Page 2 or 3 PEA Multistate Fixed Rate Note -12/67 NOTICE TO CONSUMER 1. DO NOT SIGN TIUS AGREEMENT BEFORE YOU READ IT. 2. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT. 3. YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY. BY SIGNING BELOW, Borrower accepts and agrees to the tem's and covenants contained in this Note, 0 S RRMER - RDSSELL R. PmoADS - DATE - [sign Original only) Pay to the Order of Wrtho Reco rs? - ?Morgan e A By . ei G. Bird Vice President see attached allOnge rage 3 of 3 FHA Multistate Plied Rate Nah -12/01 r American Sterling Bank 11206 East 24 Highway Sugar Creek, MO 64054 816-521-2500 .ALLONGE TO NOTE Date: MAY 6, 2008 Note Date: APRIL 24, 2008 ASB No: _ Borrower: RUSSELL R. RHOADS Property: 801 LANCELOT AVENUE MECHANICSBURG, PA 17055 Loan Amount: $182,700.00 Pay to the order of 3P MORGAN CHASE BANK, N.A. Without recourse AMERICAN STERLING BANK, a Missouri Corporation By: Ma N VU ?nup MARIA ROMERO, CLOSERMUNDER Chase (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 00008303 HDLO ZA 3112 -BR840 RUSSELL R RHOADS 801 LANCELOT AVE MECHANICSBURG PA 17055 Acceleration Warnine (Notice of Intent to Foreclose) Account: , he "Loan") Property Address: 801 LANCELOT AVE MECHANICSBURG, PA 17055 (the "Property") Dear RUSSELL R RHOADS: CHASE ! i January 31, 2012 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 December 1, 2011. 2. As of January 31, 2012, 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 $3,228.44 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 $3,104.26 Late Fees $124.18 NSF Fees $0.00 Other Fees* $0.00 Advances* $0.00 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 March 4, 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. ' b k 0 U ; 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. 6. If you fail to cure the default on or before March 4, 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 asM possible at (800) 848-9380. m 0 0 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 M 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 anticipatethat 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 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 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 Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan modifications - for a fee. The Federal Trade Commission, the nation's consumer protection agency, wants you to know how to avoid scams that could make your housing situation go from bad to worse. Don't Get Hit by a Pitch. "We can strip your foreclosure!" "970,6 success rate!" "Guaranteed to save your home!" These kinds of claims are the tell-tale signs of a foreclosure rip-off. Steer clear of anyone who offers an easy out. Don't Pay for a Promise. Don't pay any business, organization, or person who promises to prevent foreclosure or get you a new mortgage. These so-called "foreclosure rescue companies" claim they can help save your home, but they're out to make a quick buck. Some may request hefty fees in advance - and then stop returning your calls. Others may string you along before disclosing their charges. Cut off all dealings if someone insists on a fee. Send Payments Directly. Some scammers offer to handle financial arrange- ments for you, but then just pocket your payment. Send your mortgage payments ONLY to your mortgage servicer. Don't Pay for a Second Opinion. Have you applied for a loan modification and been turned down? Never pay for a "second opinion." Imitations = Frustrations Some con artists use names, phone numbers, and websites to make it look like they're pan of the government. If you want to contact a govern- ment agency, type the web address directly into your browser and look up any address you aren't sure about. Use phone numbers listed on agency websites or in other reliable sources, like the Blue Pages in your phone directory. Don't click on links or open any attachments in unexpected emails. Talk to a HUD-Certified Counseling Agency - For Free If you're having trouble paying your mortgage or you've already gotten a delinquency notice, free help is a phone call away. Call 1-888-995-HOPE for free personalized advice from housing coun- seling agencies certified by the U.S. Department of Housing and Urban Development (HUD). This national hotline - open 24/7 - is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD-certified counseling agencies. For free guidance online, visit www.hopenow.com. For free information on the President's plan to help homeowners, visit www.makinghomeaff6rdable.gov. Federal Trade Commission ftc.gov/MoneyMatters M O M ?O 0 O ?v Call 1-888-995-HOPE for free personalized guidance from housing counseling agencies certified by the U.S. Department of Housing and Urban Development. The Homeowner's HOPE- Hotline - open 24/7 - is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD-certified counseling agencies. Or visit www.hopenow.com For free information on the President's plan to help homeowners, visit www.makinghomeaffordable.gov t iSupport & Guidance For Homeowners ?? 2% k SM MAKING HOME AFFORDABLE.cov Chase (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 00008304 HDLO CA 3112 -BR840 RUSSELL R RHOADS 801 LANCELOT AVE MECHANICSBURG PA 17055 I I III 11ll 7190 1075 4460 0095 6343 CHASE ! i January 31, 2012 Chase (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 7190 1075 4460 0095 6343 IIItI IIIII III II IIIIIIIIIIIIIIIIII II III II IIA II IIIII IIIIIIIIIIII 00008304 HDLG CA 3112 -BR840 RUSSELL R RHOADS 801 LANCELOT AVE MECHANICSBURG PA 17055 Acceleration Warning (Notice of Intent to Foreclose) Account: (the "Loan") Property Address: 801 LANCELOT AVE MECHANICSBURG, PA 17055 (the "Property") Dear RUSSELL R RHOADS: CHASE O i January 31, 2012 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 December 1, 2011. 2. As of January 31, 2012, 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 $3,228.44 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 $3,104.26 Late Fees $124.18 NSF Fees $0.00 Other Fees* $0.00 Advances* $0.00 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. ?o ?o 0 0 0 You are also responsible for paying any amounts that become due from the date of this letter through the expiration date of March 4, 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. 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. 5. 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 March 4, 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 M options and determine which of them might be appropriate for your circumstances. Please call us as soon as r possible at (800) 848-9380. 0 0 10. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, ?o including visits to your Property at regular intervals during the default. This will be done to determine, as of M M 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 anticipatethat 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 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 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 An important message from the Federal Trade Commission Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan modifications - for a fee. The Federal Trade Commission, the nation's consumer protection agency, wants you to know how to avoid scams that could make your housing situation go from bad to worse. Don't Get Hit by a Pitch. "We can stop your foreclosure!" "97% success rate!" "Guaranteed to save your home!" These kinds of claims are the tell-tale signs of a foreclosure rip-off. Steer clear of anyone who offers an easy out. Don't Pay for a Promise. Don't pay any business, organization, or person who promises to prevent foreclosure or get you a new mortgage. These so-called "foreclosure rescue companies" claim they can help save your home, but they're out to make a quick buck. Some may request hefty fees in advance - and then stop returning your calls. Others may string you along before disclosing their charges. Cut off all dealings if someone insists on a fee. Send Payments Directly. Some scammers offer to handle financial arrange- ments for you, but then just pocket your payment. Send your mortgage payments ONLY to your mortgage servicer. Don't Pay for a Second Opinion. Have you applied for a loan modification and been turned down? Never pay for a "second opinion." Imitations = Frustrations. Some con artists use names, phone numbers, and websites to make it look like they're part of the government. If you want to contact a govern- ment agency, type the web address directly into your browser and look up any address you aren't sure about. Use phone numbers listed on agency websites or in other reliable sources, like the Blue Pages in your phone directory. Don't click on links or open any attachments in unexpected emails. Talk to a HUD-Certified Counseling Agency - For Free. If you're having trouble paying your mortgage or you've already gotten a delinquency notice, free help is a phone call away. Call 1-888-995-HOPE for free personalized advice from housing coun- seling agencies certified by the U.S. Department of Housing and Urban Development (HUD). This national hotline - open 24/7 - is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD-certified counseling agencies. For free guidance online, visit www.hopenow.com. For free information on the President's plan to help homeowners, visit www.makinghomeaffordable.gov. Federal Trade Commission itc.gov/MoneyMatters 0 d M ?O O Call 1-888-995-HOPE for free personalized guidance from housing counseling agencies certified by the U.S. Department of Housing and Urban Development. The Homeowner's HOPE- Hotline - open 24/7 - is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD-certified counseling agencies. Or visit www.hopenow.com For free information on the President's plan to help homeowners, visit www.makinghomeaffordable.gov 9 'HOPENOW Support :& Guidance for Homeowners /2, q ?/m'wo, GSM MAKING HOME AFFORDABLE.cov Pennsylvania Verification Selvir Lokmic , hereby states that he/she is Vice President of JPMorgan Chase Bank, N.A. the Plaintiff 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 my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. •?'-G??ti.c. :??-ruz I Selvir Lokmic Vice President Date: 07/30/12 JPMorgan Chase Bank, N.A Borrower: Russell R Rhoads Property Address: 801 Lancelot Ave Mechanicsburg, PA 17055 County: Cumberland Last Four of Loan Number: 6964 FORM 1 : IN THE COURT OF COMMON PLEAS OF JPMorgan Chase Bank, National Association CUMBERLAND COUNTY, PENNSYLVANIA -, Plaintiff(s) - r C7- rr it vs. r Russell R. Rhoads _a r,. 801 Lancelot Avenue ? Mechanicsburg, PA 17055 z C o CDC" DEFENDANT Defendant(s) 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 attached 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. Respectfully submitted: ?6,a, Date SHAPIRO & DeNARDO, LLC Attorneys for Plaintiff FORM 2 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): State: Zip: Yes ? No ? Listing Date: Price:$ Realtor Phone: Yes 0 No[] City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? Mailing Address: City: Phone Numbers: Email: # of people in household State: Zip: Home: Office: Cell: Other: How Long? First Mortgage Lender:_ Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment:_ Primary Reason for Default: Is the Loan in Bankruptcy? Yes El No F1 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 #1: Model:_ Amount Owed: Value: Automobile #2: Model: 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): 1. 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 Morta e Food 2" Mortgage Utilities Car Pa ent(s) Condo/Nei . Fees Auto Insurance Med. not covered) Auto fuel/repairs Other prop. Payment Install. Loan Payment Cable TV Child Sup ort/Alim. Spending Money Day/Child Care/Tuft. 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: Year: Year: 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: UWe, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating in financial situation for possible mortgage options. UWe understand that UWe 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: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY rte' ~"~ ~~~~(~~®~~=,rti ~ oi4unt~~r, ., ~~~~ AUG 21 AM tU~ I ~+ 'F ~/ ~ ~ f .C:- ~ •~ JP Morgan Chase Bank, NA vs. Russell R. Rhoads Case Number 2012-4953 SHERIFF'S RETURN OF SERVICE 08/17/2012 05:28 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 17, 2012 at 1728 hours, she served a true copy of the within Complaint in Mortgage Foreclosu and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Russell R. Rhoads, by making known unto himself personally, at 801 Lancelot Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing t him personally the said true and correct copy of the same. AMANDA COBAUGH, D 08/20/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent se< and inquiry for the within named defendant to wit: Occupant of 801 Lancelot Avenue, Mechanicsburg, Pennsylvania 17055, 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 Prograr as not found as to the defendant Occupant. Request for service at 801 Lancelot Avenue, Mechanicsburg, Pennsylvania 17055 is only occupied by Russell R. Rhoads. SHERIFF COST: $43.00 August 20, 2012 SO ANSWERS, ~X'T~.~-- "" ~' RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other JPMorgan Chase Bank,National Association File No. 12- c5� PLAINTIFF Amount Due$183,448.08 Interest November 1.2011 to September 4, 2013 is $18,791.12 VS. Atty's Comm = Costs ' 1 Russell R. Rhoads ' DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installmo s , contract, or account based on a confession of judgment, but if it does, it is based on the appropriate ol proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishes(s)for the following property(if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). (Indicate) Index this writ against the gamishee(s)as a lis pendens against real estate of the defendant(s)described in the attached exhibit. Date: Signature: S Print Name: Leonard J. Mucci, III, Esquire Address: 3600 Horizon Drive, Suite 150 S Q King of Prussia, PA 19406 Attorney for: Plaintiff r4 at y 3.cc Supreme Court ID#PA Bar#92357 1b3 �sCLt (, llti 1 . so t( 4 The land referred to in the Commitment is located in the County of Cumberland, Commonwealth of Pennsylvania, and is described as follows: ALL THAT CERTAIN lot of ground situate in Township of Upper Allen, Cumberland County, Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on a cul de sac at the Eastern end of Lancelot Avenue at the Southwest corner of Lot No. 87 on said Plat; thence South 33 degrees 12 minutes 31 seconds East 217.69 feet to a point; thence North 83 degrees 00 minutes 30 seconds West, 271 feet to a point;thence by the dividing line between Lots Nos. 88 and 89 on said Plan,North 27 degrees 11 minutes 40 seconds East, 180.68 feet to a point on the aforesaid cul de sac;thence by said cur de sac in an Easterly direction by an arc or curve to the right with a radius of 50 feet, an arc distance of 75 feet to a point,the place of BEGINNING. BEING Lot No. 88 on the Plan of Lots of Center Square Manor, Extension'A",Plan No. Four, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 25, Page 81. Parcel No. 42-30-2108-199 BEING the same premises which Russell R. Rhoads,divorced and not re-married, and Helen Wilding divorced and not re-married,by Deed dated September 26, 2008 and recorded in the Cumberland County Recorder of Deeds Office on October 16,2008 in Instrument Number 200834182, granted and conveyed unto Russell R. Rhoades, a single man. SHAPIRO&DeNARDO, LLC BY: LEONARD J. MUCCI, III, ESQUIRE ATTORNEY I.D.NO: PA Bar#92357 2013 MAR 26 AM I I 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406QE �N y TELEPHONE: (610)278-6800 PEUNSYLVARIA S &D FILE NO. 12-041732 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Russell R. Rhoads DEFENDANT NO: 12-4953 CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank,National Association,Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed,the following information concerning the real property located at 801 Lancelot Avenue,Mechanicsburg,PA 17055. 1. Name and address of Owner(s)or Reputed Owner(s) Russell R. Rhoads 801 Lancelot Avenue Mechanicsburg, PA 17055 2. Name and address of Defendant in the judgment: Russell R. Rhoads 801 Lancelot Avenue Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: JPMorgan Chase Bank,National Association 3415 Vision Drive Columbus, OH 43219 4. Name and address of the last recorded holder of every mortgage of record: JPMorgan Chase Bank,National Association 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: � R PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 801 Lancelot Avenue Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. S IRO & �WQ LC BY: Leonard J. Mucci, III, Esquire 12-041732' SHAPIRO &DeNARDO, LLC ATTORNEY DJ I ESQUIRE NO: PA Bar#9235 28 1'�MA R 2 6 0 J 3600 HORIZON DRIVE, SUITE 150 'LJMO�RLAN0 eolp, KING OF PRUSSIA,PA 19406 PEWSYLVANI TELEPHONE: (610)278-6800 S&D FILE NO. 12-041732 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Russell R. Rhoads DEFENDANT NO: 12-4953 CIVIL NOTICE F SHE ERIFFIS S F REAL PROPERTY TO: Russell R. Rhoads 801 Lancelot Avenue Mechanicsburg, PA 17055 Your house(real estate) at: 801 Lancelot Avenue,Mechanicsburg,PA 17055 42-30-2108-199 is scheduled to be sold at Sheriffs Sale on September 4,2013 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle,PA 17013 at 10:00AM to enforce the court judgment of$183,448.08 obtained by JPMorgan Chase Bank, National Association against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TRW SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to JPMorgan Chase Bank,National Association the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling(610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money,which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DENT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WELL BE USED FOR THAT PURPOSE. 12-041732 The land referred to in the Commitment is located in the County of Cumberland, Commonwealth of Pennsylvania, and is described as follows: ALL THAT CERTAIN lot of ground situate in Township of Upper Allen, Cumberland County, Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on a cul de sac at the Eastern end of Lancelot Avenue at the Southwest corner of Lot No. 87 on said Plat;thence South 33 degrees 12 minutes 31 seconds East 217.69 feet to a point;thence North 83 degrees 00 minutes 30 seconds West, 271 feet to a point;thence by the dividing line between Lots Nos. 88 and 89 on said Plan,North 27 degrees 11 minutes 40 seconds East, 180.68 feet to a point on the aforesaid cul de sac;thence by said cur de sac in an Easterly direction by an arc or curve to the right with a radius of 50 feet, an arc distance of 75 feet to a point,the place of BEGINNING. BEING Lot No. 88 on the Plan of Lots of Center Square Manor, Extension'A",Plan No. Four, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 25,Page 81. Parcel No. 42-30-2108-199 BEING the same premises which Russell R. Rhoads,divorced and not re-married, and Helen Wilding divorced and not re-married,by Deed dated September 26, 2008 and recorded in the Cumberland County Recorder of Deeds Office on October 16,2008 in Instrument Number 200834182, granted and conveyed unto Russell R. Rhoades, a single man. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-49;52 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION, Plaintiff(s) From RUSSELL R.RHOADS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $183,448.08 L.L.: $.50 Interest FROM NOVEMBER 1,2011 TO SEPTEMBER 4,2013 IS$18,791.12 Atty's Comm: Due Prothy:$2.25 Atty Paid: $211.50 Other Costs: Plaintiff Paid: Date: 3/26/13 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: LEONARD J.MUCCI,III,ESQUIRE Address:SHAPIRO&DENARDO,LLC 3600 HORIZON DRIVE,SUITE 150 KING OF PRUSSIA,PA 19406 Attorney for: PLAINTIFF Telephone: 610-27 8-6800 Supreme Court ID No. 92357 � x A y SHAPIRO &DeNARDO, LLC BY: LEONARD J. MUCCI, III, ESQUIRE J , . U ATTORNEY I.D. NO: PA Bar#92357 3600 HORIZON DRIVE, SUITE 150 COUN J ' KING OF PRUSSIA, PA 19406 '_EEINN-S YLVA N JA TELEPHONE: (610)278-6800 S &D FILE NO. 12-041732 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Russell R. Rhoads DEFENDANT NO:12-4953 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT IN ACCORDANCE WITH COURT ORDER TO: PROTHONOTARY Kindly enter Judgment pursuant to the Order of Court dated February 28, 2013, in the above-captioned matter, granting Summary Judgment in favor of Plaintiff and against Defendant in the sum of$183,448.06A true and correct copy of said order is attached hereto, made a part hereof and marked Exhibit"A". SHAPIRO &DeNARDO, LLC BY: Leonard J. Mucci, M, Esquire OF THE PRQOTNONOTAR), 2013 FEB 28 AM t t-. 18 CU Mrk"V 6"TY SYLVANIA JPMorgan Chase Bank,National Association ; COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 12-4953 CIVIL Russell R. Rhoads DEFENDANT ORDER AND NOW, this Ze, day of 2012, upon consideration of the Motion of JPMorgan Chase Bank, National Association for Summary Judgment(the "Motion") and the response, if any, of Defendant, Russell R. Rhoads, and for good cause shown, it is hereby ORDERED and DECREED that the Motion is GRANTED; and it is further ORDERED and DECREED that Judgment in Mortgage Foreclosure is hereby entered in favor of Plaintiff JPMorgan, Chase Bank, National Association, and against Defendant, Russell R. Rhoads, in the amount of$183,448.08, and assessed as follows: Principal of Mortgage Debt Due and Unpaid $169,616.98 Interest $9,328.88 From 11/l/11 to 9/30/12 @ 6.00% Late Charges $372.54 Escrow Advances $4,031.68 Property Inspection $98.00 TOTAL $183,448.08 It is further ORDERED and DECREED that interest and additional expenses (including costs and reasonable attorneys' fees actually incurred) are to be added to this judgment, and such interest will be calculated at the loan rate of$27.88 per diem for each day from September 30, 2012 through the date of judgment and thereafter together with expenses allowable in accordance with the terms of the Mortgage and loan documents,plus costs; and it is further ORDERED and DECREED that Plaintiff may proceed to execute upon its judgment in mortgage foreclosure exercising all appropriate remedies without limitation, including listing the subject property for judicial sale. BY THE COURT: J. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND JPMorgan Chase Bank,National Association No: 12-4953 CIVIL PLAINTIFF VS. Russell R. Rhoads WRIT OF EXECUTION: DEFENDANT MORTGAGE FORECLOSURE TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: 801 Lancelot Avenue,Mechanicsburg, PA 17055 See attached legal NOTE: Description of property may be included in,or attached to the Writ. Amount Due $183,448.08 Interest from November 1,2011 to September 4, 2013 $18,791.12 Costs to be Added Seal of Court PROTHONOTARY Date: Deputy Prothonotary SHAPIRO &DeNARDO, LLC BY: LEONARD J. MUCCI, III, ESQUIRE ATTORNEY I.D. NO: PA Bar#92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041732 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Russell R. Rhoads DEFENDANT NO:12-4953 CIVIL CERTIFICATE OF SERVICE I, Leonard J. Mucci, III, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s)or their attorney of record: Russell R. Rhoads, 801 Lancelot Avenue, Mechanicsburg, PA 17055 Date Mailed: SHAPIRO &DeNARDO, LLC BY: Leonard J. MC c&, III, Esquire Attorney for Plaintiff SHAPIRO&DeNARDO, LLC BY: LEONARD J. MUCCI, III, ESQUIRE ATTORNEY I.D. NO: PA Bar#92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041732 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Russell R. Rhoads ; DEFENDANT NO:12-4953 CIVIL CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor(Plaintiff)is: JPMorgan Chase Bank,National Association 3415 Vision Drive Columbus, OH 43219 and that the last known address of the judgment debtor(Defendant) is: Russell R. Rhoads 801 Lancelot Avenue Mechanicsburg, PA 17055 SHAPIRO &DeNARDO, LLC BY: Leonard J. ucci, III, Esquire Attorney for Plaintiff 12-041732 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 David D. Buell Prothonotary TO: Russell R. Rhoads 801 Lancelot Avenue Mechanicsburg, PA 17055 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Russell R. Rhoads DEFENDANT NO: 12-4953 CIVIL NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. David D. Buell Prothonotary [XX] Summary Judgment [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LEONARD J. MUCCI, III, ESQUIRE AT(610)278-6800. �Pr,0liCl� E�,t SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ` $ -la ; 2: ATTORNEY I.D. NO. 78447 'ryUi`'i 3Er�Li{� D COUNTY CAITLIN M. DONNELLY, ESQUIRE, PENNSYLVANIA ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041732 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Russell R. Rhoads DEFENDANT NO:12-4953 CIVIL CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, JPMorgan Chase Bank, National Association, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto,by United States mail, first class, postage prepaid, with Certificates of Mailing on July 19, 2013, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. SHAPIRO &DENARDO, LLC Date: 3J!3 By: Meghan Williams Legal Assistant 12-041732 c � w� ' d W M d'tt T QJ 6110(l P243 4=9 m M Co&L { 2ut u eiaad 1 1 O Lu LL uol uuoD itntUSIS � � � uot UUUIIOD A.Ianl Q rn�M w Q c yW LL .. O N 0 0 O o � v a� •c � a m0 c E m � w4E ° �' c � ?t t7i+�.. u• N 'o 0 � � m o 1;op c z g € m D - 0 L U 3 m m rn S 52 w" N o c (3.� � a dOT U 2 2 v a `" � " o x eu w ❑D❑❑❑ < o y U U U 00 60 0 a �m m _z 0 E F 0 z `li 2 r oo > d ¢ m 0, M LL eq qq 0.8 �a�3'oc q E ch o LL o U) M N In f0 N 00 F J d 235 SOUTH 13TH STREET &RPHILADELPHIA, PA 19107 S PHONE: (215)546-7400 FAX: (215)985-0169 Services for ProfeeelonaL Iac. National Association of Philadelphia Association Professional Process Servers of Professional Process Servers JPMorgan Chase Bank, National Association COURT Court of Common Pleas of Pennsylvania -VS- , COUNTY Cumberland County Russell R. Rhoads CASE NUMBER 12-4953 CIVIL AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control# CS106752-1 COUNTY OF PHILADELPHIA: Reference Number 12-041732 SERVICE INFORMATION f� On 21 day of August,2013 we received the Notice of Sheriff Sale cor--- for service upon Russell R. Rhoads _� v i"- at 6015 Eberly Drive Mechanicsburg, PA 17050 .a_ ^C7 17 CD C-- `A Special Instructions ry :- Served Date �la Time "�° 1'l Accepted By: In the manner described below. XPersonally served. jJ Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business L] Other Description of Person Age .5� Height � Weight Race yh_, Sex Other rte►fDA haIi r Q Not Served Date Time Not Served Information Moved 0 Unknown 0 No Answer Vacant F-1 Other The Process Server, being duly sworn, Notarial seal Sworn to and subscribed before me this deposes and says that the facts set forth John F.Shinkowsky,Notary Public herein are true and correct to the best of their Lower Paxton Twp.,Dauphin County 0 of SCr a13 knowledge, information and belief. My Commission Expires Sept.28,2014 Member.Pennsvlvanla Association of Notaries Process Server/Slae�i#f- Nota Public Law Firm Phone (610)278-6800 Fo Leonard J Mucci , III, Esquire ServeBy Date 9/6/2013 Shapiro and DeNardo LLC Filed Date 3600 Horizon Drive Suite 150 sale date 11/6/2013 King of Prussia, PA 19406 ORIGINAL 233DB SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff L Jody S Smith �u�rtr cat +r r�bc �f t:0 T 10; Chief Deputy ' .. , g Richard W Stewart Solicitor OFFICE OF THE SKERIFF CUMBERLAND COUNTY PENNSYLVANIA JP Morgan Chase Bank, NA Case Number vs Russell R. Rhoads 2092-4953 SHERIFF'S RETURN OF SERVICE 06/25/2013 05:00 PM-Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 801 Lancelot Avenue, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 07/16/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit: Russell R. Rhoadsf, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 801 Lancelot Avenue, Mechanicsburg, PA 17055, property is vacant, mail is still delivered there per post office. 08/14/2013 As directed by Christopher Denardo,Attorney for the Plaintiff, Sheriffs Sale Continued to 11/6/2013 11/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $2,908.70 SO ANSWERS, November 07, 2013 RON R ANDERSON, SHERIFF +c;CouniySuite Sheriff;Teleosofit..Inc. On June 1 1, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 801 Lancelot Avenue, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 11, 2013 By: Real Estate Coordinator cep LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-4953 Civil Term JP MORGAN CHASE BANK,NA VS. RUSSELL R.RHOADS Atty.: Christopher DeNardo The land referred to in the Com- mitment is located in the County of Cumberland, Commonwealth of Pennsylvania, and is described as follows: ALL THAT CERTAIN lot of ground situate in Township of Upper Allen, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on a cul de sac at the Eastern end of Lancelot Av- enue at the Southwest corner of Lot No.87 on said Flat;thence South 33 degrees 12 minutes 31 seconds East 217.69 feet to a point;thence North 83 degrees 00 minutes 30 seconds West, 271 feet to a point;thence by the dividing line between Lots Nos. 88 and 89 on said Plan, North 27 degrees 11 minutes 40 seconds East, 180.68 feet to a point on the aforesaid cul de sac;thence by said cur de sac in an Easterly direction by an arc or curve to the right with a radius of 50 feet, an arc distance of 75 feet to a point,the place of BEGINNING. BEING Lot No. 88 on the Plan of Lots of Center Square Manor,Exten- sion `A", Plan No. Four, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book 25,Page 81. Parcel No.42-30-2108-199. BEING the same premises which Russell R. Rhoads, divorced and not re-married, and Helen Wilding divorced and not re-married, by Deed dated September 26, 2008 and recorded in the Cumberland County Recorder of Deeds Office on October 16, 2008 in Instrument Number 200834182, granted and conveyed unto Russell R. Rhoades, a single man. 87 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. — �—�)�'- 0— ,` Lisa Marie Co ne, Editor SWORN TO AND SUBSCRIBED before me this 9 dav of Auizust, 2013 Notary ,NOTARIAL SEAL D bO H A COLLINS Notary Public 10ARLISI-E OW,IBERLAND COUNTY N;y Con?rnission Expires Apr 28,2014 :,:-1 The Patriot-News-Co. 1900 Patriot Drive t4e atr1*otwXtws Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: r 07/28/13 r 08/04/13 ( 08/11/13 Sworn toad ubscribed before me is 2 day of August, 2013 A.D. I a Pu 61 ic COMMONWEALTH OF PENNSYLVANIA Notarial seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commissir_=n Expires Dec.12,2016 MEMBER,PENNSI'LVANIA ASSOCIATION OF NOTARIES 20124M CW 7Mnm dr MOROAM CHASE 6IMJiIK,NA vs. Rt>SSELL R.RHOADS Atty. Chrlstopbsr.Denardo The land referred to in the Commitment is located in the County of Cumberland, Commonwealth of Pennsylvania, and is described as follows: ALL THAT CERTAIN lot of ground situate in Township of Upper Allen, Cumberland County, pennsylvania, bounded and described as follows,to wit: BEGINNING at a point on a cul de sac at the Eastern end of Lancelot Avenue at the Southwest comer of Lot No.87 on said Flat;thence South 33 degrees 12 minutes 31 seconds East 2170 feet to a point;thence North 83 degrees oo minutes 30 seconds West, 271 feet to a point;thence by the dividing lime between Lots Nos.88 and 89 on said Plan, North 27 degrees 11 miputes 40 seconds East, 180.68 feet to a point on the aforesaid cul de sad thence by said car de sac in an Easterly directionby an arc or carve to the riightwith a radius of 50 feet,an arc distance of 75 feet to a point,the place of BEGINNING. BEING Lot of No.88 on the Plan of Lots of Center Square Manor,Extension A,Plan No.Four>which said plan is recorded in the Cumberland County Recorder's Office in Plan Book 25,Page 81. Parcel No,42-30-21*199 BEING the same premises which Russell R. Rhoads, divorced.and not re-married, t + and_He Wilding divorced and not re ti married,by Deed dated September 26,2008 and recorded in the Cumberland County Recorder of Deeds Office on October_I6, 2008 m Instrument Number M0834182, granted and conveyed unto Russell R. Rhoades,a side man. SHAPIRO &DeNARDO, LLC `' ' ' I: ; BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D.NO. 78447 t1Q t_r 2 F N 2 3 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 C 1f' 5 ND COUl T' BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041732 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 12-4953 CIVIL Russell R. Rhoads DEFENDANT PRAECIPE TO SATISFY MORTGAGE FORECLOSURE JUDGMENT ENTERED FEBRUARY 28, 2013 TO THE PROTHONOTARY: Kindly mark the Judgment of record in this matter satisfied. SHAPIRO & DeNARDO, LLC Date: I BY: Attorneys for Plaintiff � oj. Sa 0/ am 0,4 #a9 (Foos • SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041732 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 12-4953 CIVIL Russell R. Rhoads DEFENDANT CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Satisfy Mortgage Foreclosure Judgment on �, ! (IL/ to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Russell R. Rhoads 6015 Eberly Drive Mechanicsburg, PA 17050 SHAPIRO & DeNARDO, LLC Date: BY: Attorneys for Plaintiff