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HomeMy WebLinkAbout12-5235 F SHAPIRO & DeNARDO, LLC ~ } r ~ ~ ~ f, BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY LD. N0.78447 ' ' r MICHAEL CLARK ESQ. ATTORNEY LD. N0.202929 LESLIE RASE, ESQ., ATTORNEY LD. NO. 58365 ~ 4~ ~ 3600 HORIZON DRIVE SUITE 150 ~ Wt~A~~a?~. P~~1 CQUNTY KING OF PRUSSIA, PA 19406 ~-'~~~a'~S , TELEPHONE: (610)278-6800 LVAt~f~ S & D FILE NO. 12-041787 JPMorgan Chase Bank, National Association ~ COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. ~a_ sa3s ' NO: Luther G. Frey 47 Byers Road Shippensburg, PA 17257 Christine R. Frey 47 Byers Road Shippensburg, PA 17257 DEFENDANTS 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 AN NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FIL G IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YO .YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT Y BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE M NEY 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 R CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YO CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE T PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. a ~ / ooc~/7 (2~ 7~C~p~ 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 INFOF~MATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA ii LE HAN DEMANDADO A LISTED EN LA CORTE. SI LISTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, LISTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. LISTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FO A ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE U PERSONA. SEA AVISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA LISTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO O SUS PROPIEDADES OTROS DERECHOS IMPORTANTES PARR LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIEN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL 5ERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CON5EGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 _ i SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIltE, ATTORNEY I.D. N0.78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. N0.202929 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. 12-041787 JPMorgan Chase Bank, National Association ~ COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: Luther G. Frey 47 Byers Road Shippensburg, PA 17257 ; Christine R. Frey 47 Byers Road Shippensburg, PA 17257 ; DEFENDANTS 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 Mort~a~e: Mortgagee: Mortgage Electronic Registration Systems, Inc., solely as Nominee for Mortgage and Equity Funding Corporation, it successors and assigns Mortgagor(s): Luther G. Frey and Christine R. Frey (b) Date of Mort~a~e: December 19, 2008 (c) Place and Date of Record of Mort~a~e: Recorder of Deeds Cumberland CountyDocument ID# 200900291 Date: January 6, 2009 The Mortgage is a matter of public record and is incorporated herein as provid by Pa. R.C.P. No. 1019(8). A true and correct copy of the Mortgage is attache hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., solely as Nominee fo Mortgage and Equity Funding Corporation, it successors and assigns Assignee: JPMorgan Chase Bank, National Association Date of Assignment: July 7, 2012 The assignment is in the process of being formalized. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage y operation of law. 3. The real property which is subject to the Mortgage is generally known as 47 Byers Ro , Shippensburg, PA 17257 and is more specifically described as attached as part of Exhi it ..A.. 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured y the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B". 5. The names and mailing addresses of the Defendants are: Luther G. Frey, 47 Byers Roa , Shippensburg, PA 17257, Christine R. Frey, 47 Byers Road, Shippensburg, PA 17257 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest d other charges stated below, all as authorized by the Mortgage, are due as of March 1, 2012 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 immediat ly due and payable. 8. The following amounts are due as of June 30, 2012: Principal Balance Due $210,561.58 Interest Currently Due and Owing at 5.5% $4,82 .35 From February 1, 2012 through June 30, 2012 Late Charges $1 .96 Escrow Balance ($78 .11) Property Inspection $ .00 TOTAL $214,8 8.78 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 proof of title in conformity with the mortgage documents and Pennsylvania law, shall e 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 Defend by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: ~ BY: ~ Attorneys for Plaintiff S & D File No. 12-041787 _ _ _ _ _ - 1 t' b} ` 1~ fx G~ t Sd!1 004DWi This lastrumatt Prepared aY: >llltca Recordin Return Ta: 2 FIRST ~ c~ #p~ING CORFORA'PICi~ IEE'SB[7R1G VIRGINIA 20175 Loan N1Bti~er: iID081120 Uniform P+arod Identifier Number: I tr1 • (;Io1(3 - L~~ Pr Addresc: 47 BYERS ROAD SHIPPENSBURG, PENNSYLVAidIA 17257 jSpace Above This Une For Re©oMInQ Oats) MORTGAGE FMA cASE wo. ~ I M lN: THIS MORTGAGE ("Security in.~trument") is given on DECEMBER 19, 2008 Thcmcxtgagoris LUTHER G. FREY AND CHRISTIATE R. FREY AS J42Nx TENANTS This Seuurity Instrument is given to Mortgstge Eleetronie ReRiatradioat Syateaaa" [ac. IvIIItS") (solelp as nominee 1'or Lender, as haeinaftcr defined, and Lem3cr's successors and assigns), as mortgagee. HERS is organised and existing under the laws of Delaware, and lus an address and teldphone number of 1300 S. W. 34th Avenue, Suite IOI, Ocala, t'L 34474, l'. U. Box 2026, Flint, Michigan 48501-2026, tel. (8833) 679-HERS. ~ AND E~(JITY E[lr]i3ING CQRPi0RP1TY(N, A VIRGINIA C!C:f2PORAZ'IQ+T Lender" ) is cxganizeai and existing under the laws of VIRGINIA , and has mi address aC 25 FIRST STREET, SE ~1, LEESBURG, VIRGINEA 20175 t3uiro?ver owes I.cozdcr the principal sum of TW4 HUNDRED TWENTY THOUSAND THREE f1UNDRED NINETY AND 00/100 Doltara(U.s.S 220,390.00 This debt is evideneai by Borrotiver's note dated the setae date as this Security lnstrumatt ("Note" which ovid~s for mcxtthly payments, with the full debt, if not paid earlier, due and payable on JANUARY 1, 2 0.3 9 FtiA PENNSYLVANIA AIORtGAGE • HERS AocAtaglc 1~3forlili aon.aesa~as 6t98 Pepe 1 of 10 wMrw.doarneyfC.cOrp ~ ~ ,b,t i I This Security Inatrumeat socares to Lender: (a) the r~ayment of the debt evit3~enccxl by the Note, with imeresl, acrd all ranwvals, e:cterrsions and tnodifis:ations of the Note', (b) the payment of all other sums, with iatc:rest, advanw~d under paragraph 7 to protect the security of this Security Instrutnent•, and (a) the performance of Flotmwer' s ttmvenants and agreematta antler this Security instrument an+d the irlote. For this putposa, l~crrrower doeshoreby mortgage, grant and convey to IviERS (aoIely as nominee for Lender and Lendcx's sins and assigns) and to the successors and assigns of M1;ltS the following described property located in C1J1~1$ERLAND County, Pennsylvania: SEE LaGAL PTION A7TAC~''D [~tE'.i~0 A1'ID A PART Imo' AS EKEiIDTT "A" . A.P.N.: 11-1 -610•-7 which has the address of 47 $XERS ROAD [1 SFiIPPENSBDRG , Pennsylvania 17257 ("Property Address°): [~vl [zip coael TOGR"1'E{ER WI`T'H all the improvements now or hereafter erootui on the properly, and all easements, appuric~ttarrcxs, and fixtures now or hereafter a part of the property. Ail repias.emeats end additions shall alp be covered by this Seswrity Ittstrumcnty All of the foregoing is rcfomsd to in this 9eeurity Cnstrument as the' 1'ropc~rty. " Borrower understands and a~ees that k1BR5 holds only legal title to the interests Fronted by Borrower in this Security lnstrummt; but, iC necessary to comply with law ar custom,1v16RS (as nominee for bender and Lender' x succea~rs and assigns) has the righk to exarcise any or ~ of those interests, including, bcu not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited ta, releasing or canceling thin Security Instrument SbI2ROWER COV}iNANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is uneneumbcxeci, except for encumbrances of record. Borrower warrants and will defend Qcenerally the title to the Prnperty against all claims and demands, subject to any encumbt'attces of record. THIS SAC URITY TNSTRLt1viENT combines unifcxm covenants for national use and non-uniform cx~venantq with limited variations by jurisdir~tion to convtitute a uniform ssxurity instrutnc:nt covering real properly. UNiF~RM COV9riAIVTS. Borrower and Leader eovcaant and agrcx; ax follows: I. Payment of Prlselpal, Interest and Late Charge. [3ornrwer shnA pay when due the principal of', and. interest on, the debt evidenced by the Note and lase charges due under the Note:. 2. Monthly Pa?mmt of Taxes, laanransx, and Other Clrarrges. Borrower shall include in each monthly paytnent, togcsher with the principal and interest asset forth in the Nota and any late charges, a yam for {a) taxes and special a.~-ses~nents levied or to tw levied against the 1'ro~ty, (b) leasdtold payments ar greuud rents as the Property, and {c) premiu¢~ for insurance crcg[ired under psragraph 4. In any year in which the Lender must pay a . mortgage insurance premium to the S~xretarY of Housirtft and Urban Devdoprneat ("Secretary"), or in arty year in Ffl4 PENNSYLYANI/l MQttTc3AGt: • Mf3i6 DeeYagtc a0o-eac-s,3sz 6146 Page 2 of t 0 www.dbcasaglc,com r _ which such premium would stave hoen rngttirod if Lender ati11 held the Saeurity fnstrumatt. eaclt monthly payment vhall elan include attar: (i) a stun for the annual mortgage insurance premium to be paid by Lender to the Secaetary, or (ii) a montbly charge inate~d of a mortgage i4anuane~e premium if this Sncwrity Instrument is held by the Secretary, in a reasonable amonnt to he dsts:rrrtinod by the Secretary. F.: wept for the monthly charge by the dart', the items are called "Escaow Items" end the a~tms paid to (.under are celled "l:acrow Funds.' Lender may, at any time, collect and hold amounts for E.~sarow Items in an e~regate amount not to exceed the me.~cimum amount that may be required for Hctrrotver's eyerow account under the Real Estate Settkmatt 1'roaxlttre+ Act of I9'7~l, l2 U.S.C. §2601 tag. and implementittg rcgulntiona, 24 CF12 Pan 3500, as they may be amssndod from time totiate RESPA° ewcept that the cushicut or reservepamiltcxl by RESPA for unanticipated disburssstnents or disburscxnents bat'ore the L'3orrower` s payments are available in the account may not be based on amounts due for the mortgage intiytrance pre~mittrn. If the amounts held by Lender for Escrow Itetna eseeed ttte omounta permitted to be hdd by 12ESPA, Lewder shall aWOUnt to Borrower for the e.ccess Funds as required by RESPA. if the amauit8 of funds held by Lender bl any time are not suff"ident to pay the E.sarow Items when due, Lender may notify the Borroan:r and require Borrower to make up the shortage ag permitted by 12i;SPA. The Eseaow Funds are pledged as additional socetrity for all sums aeastrcxl by this Security Instrument, if Hotrower tenders to Calder the full payment of all such sums; Borrower's acootxtt shall be cnxiited with the balance _ remaining for all irtatalltnent items {a}, (b}, and (c) and sty mortgage insurance premium installment that Lender has not become obligated to pay !o the Secretary, and Lerxlar shall promptly refitnd say e:tsxss funds to Borrower. Immediately prior to a foreclosure ,ale of the Property or its aegttisiGan by Condor, Borrower's accottM shall be credited with any balancx: remaining for ail installments for itana (e), (b}, and (c}. 3. AppBesstion of Paymanta. All payments eutder paragraphs l and 2.3Ltall be appliczl by Lender as follows: FIRST' to the mortgage insurance premium to be paid by Lendar tv the :~ioeretary or to the monthly charge by the Secretary instead of the monthly mortgage iasurartoc pre;tniwn; SECOND, to any f ices, special asaesstnentx, l~artt:hold payments ar grottnci rafts, and !"ire, flood and other hazard instu~eatcc praniums, as required; 'i'H___ If~,,,D, to interrsit due under tl~c Note; , F4 to arttortization of tM: principal of the Note; and Fif TEi. to late dtargea due undo the Note_ 4. Fire, Food atnd Otter ititaz+strd Idatiraace. Borrower shall insstre all imlrcovcmenta on the .Prnpezty, whether' now in e:cistax:e or subsequently erewted, against any hazard., casualties, and contingencies, including fire, for which Lender requires insuranct:. This irestuansx :vltatl be maintained in the amounts and for the pe3riods that ?.ender rsxryires. Borrower :shall also insure all itngtvvemsmts on the Property, whether now in e~cistertce or ,ubaCguendy eroctted, against loss by floods to the cst,ent requires by the 3ecxctary. Ali insurance shall be carried with wmpnniea approved by Lender. '['he insurartcx policies and any renewals shall be hdd by Lender and shall include loss payable ciauaes in favor of, and in a form acxeptable tu, Lender. la the evtnt of loss, Borrower shall glue Londar ittmtedi.ate Potter by mail. I,endex may make proof of Ioss if not made pcornptly by Borrower. Each insurance eompatry cwneeraed is hereby authorized and directed to make payment for such lose directly to Lender, instead cif w Borrower and to Lender faintly. All or any Part of the insaraasx proccxxla may be applied by Lender, at its option, nutter (a) to the rrcietcxion of the indebtedness under the Nate and ihix :security Instritme:ut, first to any delinquent[ amottnts ~piicci in the ordeu in paragraph 3, and tltcn t<i pre{tayment of principal, or (b7 to the restoration or repair of the damagcxl Property. Any application of the proceeds to the principal shall not e:ctend or por><peme the due date of the mvnthly peymmts which are referrr!d to in paragraph 2, or BHA PElVIySYCVANUI MORTGAGE- Mt?tS Doeltta4fe!'tRaPlfao aew~aarae~ ti/96 Pag• 3 of 10 wwt~doorn+eglc.conr I change the amount of such payments. Any «ce,s insurance proaedx oven an amount regteirod to pay all outstanding ittdcbtodrx.RS under the Note and this Secarrity Instrtaitarrt shell be paid to the enliiy legally entitled thereto. In the event of foreclonue of this SecattYty Instrument or ether transfer of title fo the Property that extinguishes the indebtedness, all right, tide and interest of Borrower in and to insurance pulioies irr force shall pass W the purchases. S. Oocapaney, Preterradion, Maintenance and Peatectlao of tM Property; 8oew~trer' a I.oaa Applicattota; L,eaaeholda. Borrower shall acctepy, establish, aced use the Property ea Borrowcx' s principal r~sidarcee within sixty days niter the execution of this Security lnstrumerrt (or within sixty days eel' e I afar sale or transfer of the Property) and shall amtintre to occupy the property as Borrower` s principal rexsidcnce for at least one year after the date of occupancy, unless the Lender determines that r-equireneeat will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrowc~'s centre!. Bomywer shall notify i,eader of any extemrating circumstnretx~. Borrower shall not commi t waste or destroy, damage or sub~antially change the Property ar allow the Property to deteaiorate, ressoaablc wear and tear excepted. Lender may inspect the Property if the Property is vacant ar abandoned or the loan is is default. Landes may talc reasonable action to protect and presearve such vacant ar abandoned Property- Borrower shall also be is default if F3cirrower, during the bnn application pmoesx, gave materially false or inaw:urate information or stetemca~g to Candor (or failed to provide Leader wtiffi any material information) in oanneatioa with the loan evidenarxi lay the Note, including, but not lituited to, representeliesn.4 Wncw•rniog Borrower's acarpan~y of the Property as a principal residnnee, If this Scarcity Instruraerit is on a lt?old, Borrower shall comply with rho provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not bemergcd unless Lender agrees to tlx: merger in writing. 6. Coardemattrtbn. The proceeds of nay award or claim far damages, diree# or conxr:qucntial, is connection with nay condemnation or other taking of any part i~f the Property, ar for conveyance in place of candemaation, are hereby assigned and shall be paid to Lender to the c;xtent of the full amoturt. a>f the indebtedness that remains unpaid under the Note and this 9eourity Instrument. Lender shall apply such prods to the reduction of the indebtedness under the Note and this Security Instrument, fast to any delinquent amcwats applied in the order provided in paragraph 3, and then w prepayment of principal. Any uppiicetion of the praxeds to the principal shall not extend ar postpone the due date of the monthly paymeatss, which era r~,.rred to is paragraph 2, or change the amount of such payments. Any excx~t proceeds aver an amount required to pay all oulstandi»lt indebtedness under the Note and this Suc;urity [nstrum~vt shall ba paid to the entity legally arrtitlecl thereto. ' 7. Charges to ~orrotver sad Protoctloa of Lender's )tl=hra is tJre Property. Borrower shall pay all gavcrnrnentat or tnatnicipal charges, fmox and impositions that are not included is paragaph 2. Borrower shall pay these obligations on time directly to the entity which is uwcti the pnyment. If failure to pay would adversely affud Lendzr's interest in the Property, upon Leader's rcgwcst Borrower shall promptly furnish to Leader receipts ~vide:rrcing these payments. If Iiorrow~r fails to make thex paymeata or the payments required by paragraph 2, ar fails to perform soy ether covenants and agreements contadned in this Security Instrument, ar there is a !agar proceeding that may significantly offeet Lender's rights in the Property (such as a pmcc~xxiing in bankruptcy, for cAtldemnatitm ar to enforce laws or regulations), then Lender may do and pay whatCVer is necox+ary to protsq the value of the Property and Lender s rights in the Property. including payment of tales, hacard insurance and other itcrns mentioned inparrgtraph 2. Any amounts disbursed b}' Landes under this paragraph d?all become an additional debt of Borrower cod be xccure+d by this Security Inskvuaent. Thew: amounts shall bear interest from the: date of disbursement at the Note rate:, and at the aptioa of Landis shall be immediately due and payable. Borrower shall promptly di.~eharge any liar which has priority over thi: Security Instrument unless Borrower; (a) agrees in writing to the payment of the ohiigation xecurod by the lien in a raermer acec>Eitable to !.ender; (b) cunlGVts in goad faith the lice by, or defends against rarforcement of the lien in, legal proceedings which in the Leader' y >:FiA PENNSYLVANIA MOIiTGAQE - MgtS t)oeafaDic etf~rp0lga~ coo-eeo-t3e~ tt/96 Page 4 of 10 ~W.yh,~ t opinion operate to prevent the enforoemtnt of the lien; 07 (e) seotres from the holds:r of the Tien an agreeatent :satisfactory to Ltxtder subordinating the lien to this Security Instrument. if Lender determines that any part of the Property is subjevt to a lien whiff may auxin priority over this Security instrtnnerN, Lender may give Borrower $ notice identifying the lien, Borrower shall Yatisfy the li~ro or take one or rnsuc of the actions set forth above within 10 doss of the giving of notice. 8. Fees. Lender tnay collect Fees and charges authorized bq the Ssxretaty. GroNnds for Asxeterat[ea of Debt. (a) Default. Lender may, except es limited by regulations issued by the Secretary in the case of payment defaults, regttire immediate payment in full of aA sums secured by this Security Instnm?erti if: (i) forrower defaults by failing to pay in fall any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) 13orrowsx defaults by failing, for a period of thirty days, to pexf'emn any other obligations rattained in this Security Instrtunentt. (bj Sr+le Wlthsout Credit Approval. Linder shall, if permitted by applicable law (including section 341(d) of the Qa<n-SL Germain Depository Institutioa~ Act of 1982, 12 U.S.C. t7t)ij-3(d)) and with the prior approval of the Seexrotacy, require immediate payment in Fidi of all sums secured by this Sex;urity Tnsgvment iF: (i) All or part of the Property, ur a beneficial interest in a trust owning all or part of the Properly, is old err othertvtse transfcm~! (other than by devise or desceQt}, and (ii) 'fhe Property is not occupied by the purchaser or grar>tee as his or her principal rsxddence, or the purchaser sn- grantee dog so occupy the Propcaty, but his or her credit has 'not been approved in accordance with the nxluiranents of the Ssxxetary. (e) l~io Waiver. ]f circtrana'tsnces occur that tirvuld permit Lender to t~equire immediate.paymcnt in full, bee Leader dcxs not require such payr~ets, Lender does not waive its rights with reaped to subvequmt evea>fs. (d) Regulndoos otHIJDSeeretary. to r~ny cirs;urrwtances regulrtions i.~esued by the Saxetary wiU limit Lender's rights, in the case of payment defaults, to require imrnediata payment itt full and foriscloye if not paid. 'this Security Instrument does not authoriT~e a«xleration err forex;losure if not permitted by regulations of the Secretary. (e) Mertgage Not Isaurart. Borrower agrtxs that if this Sexurily tnitrvmeat ®d the Note are not determined to be eligible: for insurance under the National Housing Act within 60 DAYS i'rom the date hereof, Lender rosy, at its option, re~uisc immediate payment in full of ell sums secures! by this Security ]nti~trument. A rtiTittexe statement of any authorized agent of the Secretary dated serbvequent to 60 DAYS from the elate hentof, declining to insure this Security lnstrtunent and the Note, shall be dsxamed conclusive prcwf of ~x;h isx~ligibility. Notwithstanding the foregoing, this option may not be ~seroised by l,endcr when the unavailobili ry of insurance it ;wledy due to Lcnden' s failure w r~trtit a mortgage insur'snec preartium to the SGUretary. ip. lteiestatetsaerat, Borrower has a right to be reins~tatsrd if Lender has rtquiredvnmediate payment in full because of Borrower' s failure to pay an amount dux under tLe Note ~ this Security [nstnttttertt. '('his right applies even after forexlosuro proceedings era instituted. 'f o reinstate the ;iexurity Instrument, Borrower shalt tender in a '~~mp sum all amounts rc<luired to bring F3orrower's account current including, to the t:rtcnt that' are obligations of t 3orrvwer under this Security InS~lrument, foreclosure costs and reasonable and customary attorney s' fees and expenses properly associated with the fora:lo:ntre proceeding. Upon reinslalcrosmt by Burrower, this 4eererity Instrument and the obligations that it securos .shall remain in effect as if Lender had not required iutnxxiiate payment in full. I•lowever, Lender is not regairod to permit reinstatement if: (i) Lcndca has accepted reinstatement after the connmencemextt of foreclosure proceedings within two years immediately preceding the cx>rnrtlencerurrtt of a current Fr1A PENNSYLVANIA Aet]RTGAGE-MFRS ttoca/sgte~latieeo•a+o-ryas gig Page 5 of 10 www.doamapfe.cam . _ _ _ _ _ _ _ _ _ ___.__I II foreclosure proceeding, (ii) reinstatement will preclude foreclosures on different grounds in the future, ar (iii) rcinstaternent will adversely affect the priority of the lipr exeated by this'kxsarity Instrument. 11. HoMrow'er Not Roltsaeed; Forbatranet: try Leader Not a Waiver. Faeteasion e>f the lime of payment en mcxiiGcMion of amortization of the sums sewtred by this Security instrument granted by Leveler to any successor in intc~t of Borrower shall not operate to release the liability of tle original 13otrower or Horrower's successors in intezrrst. Lander shall not be required to exsmmextce proceedit?gs against arty suotx.+'sor in interest yr refuse to extend time far payment eu erthexwise mod~y arnortimtion of the sums secnred try this Security Instrument by reason of any demand made by the original Borrower or Borrowea' s sttcces.4ars in inte~st. Any forbearance try Lender in acenising any right or ranedy shat! not be a waiver of or proalude the exercise of env right or remedy. 12. Successors aid Assigns Boned; Joint sad Several l:~iablllty; Co-Si`oara. The cover?ants and agreetrtents of this Sa;urity In~tntrnent shall bind and bettelit the succssssors and assigns of Lender sect Bearower, sut~jcct to the provisions of paragraph 9(b). Borrower's covenants and agr~ameats shall bejoint and.several. Any Borrower who eo-signs this Secau~ity Instrument but dc>~ not ~ecute the Note: {a) is an->agning this Security Instrument onto to mortgage, grant and convey that 13orrowd s interest in the Property under the terms of this Security Instrument; (b) is not persotta(ly obli~ai to pay the sums secured by this Seettrity Instrument; and (c) agrees that Lender' and any othex Rotxower may agree to screed, malify, forbear or make any accommodatiandwithregard tathe terms of this Secsrtrity lnstrttmeat or the Mote without that (jorravrer's consettL 13. lYotleeJt. Aay notice to Borrower provided for in this : ca:urity instrument shall he given by delivering it ar - hy.mailing it by first class mail emless applicable law requires use of another trtelhcsd. The notice shall be directed to the Property Address or any other addrewr Borrower de:rignatas by eerier to l.t~stder'. Any notice to Lender shall be given by Gr:tt class mail to Lends'' s address stated herein or any addmss Lender designates by notic.~e w Borrower. Any notice provided for in this Security instrument shall be deemed to haul: been given to i3arrawer or Lender when given as pravielexi in this paragraph. !d. Covernl»n Law; Severabillty, i'hia Seatuity Insttumentt xtrall tn: goventod by federal law and the law of the jurisdtction in which the Property is Ioeated_ In the event that env provision ar clause of this Security Iaytrume;nt ctr the Nate conflicts with applicab[ts Few, such eon#licl shall not affect other provisions ot'this Secatrity lnstrument ur the Note which can be given effect without the con(Iiating provision. To this sad the provir~esns of this Security Instrument and the Nvte are declarkxi to be severahlc. !S. Borrower's Capy. Borrower shall tx: given one conformed copy of the 3Jute and of this Security Instrument. 16. Haaardoua Subataaees. Borrower shall trot cau~ yr permit the prescxtce, use, disposal, storage;, ur release of any Elazardous Substances vn ur in the Propcxty. Borrower :shall not do, nor allow anyone else to do, anything at'fe'nlir?g the Property that is in violation of any Ettviranmantal Law. 7'he preceding two sentences shall rrnt apply .a rho presence, ttse, ar storage on the Property of small quantities of Hazardous Substances that are tturc.~rally t~cogni~~ed to be appropriate to normal residential uses and to rnainlcnaace of the Prope.~rty. Borrower shall promptly give Lender written notice of airy invc~tig~ion, claim, dautanel, lawsuit or other action hY any governmexttal or regttlatary a6oncy or private party involving the Property and arty Harardat,y'~ubstance or tinvironmeatal L aw of which Borrower hex actual knowledge. [f Borrower learns, or is notified by atry governmental or regulatory au<ltority, that arr7 removal or othex remediation of any Iiazardons Sttbytancess affeoring the Prupe7ly aeaeseary, Bcmower shall promptly tabs all tteceswry rentredial actions in acxordance with liovironmcntal Law. As used in this paragraph 16, "Hutardow Sulxnancx~" are those sutiatances defined as taric or hazardous substances by P,avironmentel Law and the following substances: gasoline, kerosc-rte, atttnr tlama?nble ex tosia petroleum products, toxic pe.4iicidas and herbioidexs, volatile solrcuts, materials containing asbestos ar formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means fexleral taws and taws of the juri~liction where the Property is located that relate to health, safety or environmental protection. fHA P~tNSYLYANIA MORTt3AGE-HERS DocMayicE>kmlaat+ooa~oam st96 Pape 6 of 7 R www.e?taartagte.eom _ _ _ _ _T__ r _ _ ~I i NON-~JHI~ORM COV9~IANTS. Horrower and l.~der fiuther covenant and agree as folbws: 117. ala:ipneat of Rente. ;3orrower unconditionally a.~gns and transfers to Lender all the rents area revenues of the Property. Borrower authorizes Lenck?' ur Lcaeder's agcntx to tolled the roots and revenues and hereby directs each tenant of the Yroprxty io pay the rents to Lendea ttt' Lender' s agents. However, prior to I.cnder' a notice to Borrower of Iiorrowe"'s ht~eaeh of any covenantor agrrxment in the Security Instrntneat, Hvrrower droll oollrct and receive all runts sad revenues of the Property as trvstrx for the benefit of Lender and fjormwec. This assignment of rents conxtitutcs an absolute assignment and not an assignment for additional secwity only. It Lender gives notice of breach to .Borrow~x: (a) all rents reoeived by Borrower :shall be held by Borrower as trustee For benefft of [,eerier only, to he applied to the sums secured by the 3ec:urity ]nstrumenC, (b) Lender shell be entitled to oalleet and raotxve all of the rants of the Propcnty; seta (c) etch tenant of the Properly :dull pay all rents due and unpaid to Leatder or Lerxlcv's agent on Lsxedrx's written demand to the tenant. Horrower has not ~ecuted any prior awtii ~trement of the rests and has not and will not perform any act that would prevent Lender from cxera~ing its rights under this paragraph l7. Candor shalt not be requir~l to enter upon, lake control of or maintain the Property before or after giving notice of breaclt to Borrower. However, Lender or a judicially appointed raxiver may do sa at any time there is a breach. Any application of rer?ts shall not cure car waive any default or invalidate a~ othw- right or remedy of Lander. This assignmett of rents of tht Property :ritall terminate when the deb secured by the Security (nshument is paid in fall. _ 18. Fot~eck:are Procedure. It' Leader requires iatmedlMa payanent in lull s~atkr pMragrttpit 9, Leader ccuaay foreebee by ]tadldal proceedings aadlor invoke soy outer remedies permitted by applicable lax. Leader sbalF be eatiEled i5a colleet aN ezpettaea incurred b penuWg the rsmedies provided or reterrod to in tbis paragraph 18, inciadiaa, but sot limited to, attorneys' tees and cosh of tlltle evidonoe to tiw eztent persstitted b, app~cahIe lax. If the Lender's Interest in this Securit' Instrunettt is held by the Secretary, and the Secretary regair^es ineaediattaa payme~ is frll under paragraph 9, the Secretary nay itrvolkc rift nonJudicial power at sstte provided la the Siatgle Fami1l ]Vlortfage Foreclosure Act of 199 ("Act") (12 U.S.C. 3751 st by regaettin= a fotbcloaatrs coaani~iouer desiXnated cruder the Aet to cemt>t~tx foreclosure and to sell the Propety as provided in the Att. l~iotldag !B the preeedtn= asnteRCO shall deprive the Sardary of any rights otherwise available to _ a Lender under dtl, paragraph i8 or applkabk law. 19. Release. Upon payment of all sums secmred by this Security Instrument, this 5ecsnYty Instrument and the testate conveyed shall terminate end he:cmme void. ARMY such accurrertoe, Lander shall discharge and satisfy this Severity instrument Borrower shall pay any recordation costs. Lsnetter may charge Borrower a fee for releasing this ~e:urily ]nstrutncnt, but only if the fuc is gold tU a third pony for services rendered area the charging of the fee i., pc-cviiucxi uadex applicable Iaw. 20. Waivers. 13orruwcr, to the 4~tc-nt permitted by apptiaabte law, waives and releases any error or defects in }~rcxxicxl legs to enforce thin Security Instrum~t, and hereby waives the benefit of en} preteret or future laws providing for stay of cxecnrtioa, extension of tirrre, exemption from attecilrmcx~t, levy and sale, turd homestead exemsption, 2t, Reinatatett,><est Period. Norrower' s timo to reinstate provided in paragraph 10 shall eticnd to one hour prior to the commencement of bidding at a sheriii's ale or other tiale pursuant to this ~mty Instrument. 22 Parehase Money Mortgage. Tf any of the deM secunxi by this Security Instrument is lent to f9orrvwer to acquire title to the Property, this Beautify Instrument :shall be a purchase money mortgage. 23. interest Rate Afbar Judgment. Borrrn4vr agrce.4 that the interest rate parable after a judgment is enteral on the Note or in an ru~ion of mortgage forec:losurc ~rltall be the rate payahk from time to time under the Note. 8 9 PENNSYLVANIA MORTGAGE-MFRS P~ 7 of 10 Doeala~ictitrtlsaoi~r T 24. iRittars to this Securit' U~atruaaaat. If eme or more riders arc executed by Horrower and recorded together with this Sewuity Inatrument, the covenants of each such rider :~hel! be incorporal~ into and shall amemd end supplement the covenants and agreements of this Security Instrmnent as if the; rider(s) were a part of this Seanrity Instnimcmt. [Check applicable box(rs)~. Condominium Ridex ~ Graduatod Payment Rider Growing fiquity Rider ~ Planned Unit Development Rider ~ Adjustabic Rate Rider ~ Rehahilitation Loss Rider ~ Non-Owaex O~upancsy Rider ~ Other [5pecil'y j BY SIGNING BELOW, Burrower accepts and agrees to the teams contained in pages I through t U of this Security Instrument and in any rider(s) e.Yecnlc~ by Bcxrower and reu?rtied with it. d~~ _ . - ~ flER G . FREY -Borrowc~' C S R . Y •Horr wer -}~c> -Bore w~) -F3or ~ -Burro W ilness: Witness: FH/0. P9~INSYLVANIA MORTGAGE-HERS oocrMi¢c~wea eoo-eeo-r3a¢ 6186 Pags 8 of 1 ~ wwar.docnraylr.canr ~SQaoe Below Thla Line For Aoknowledgmdit] state of PENNSYLVANIA Caunty of ~~~D IAA ~ti k ~ i/~ (ht this the day of 1`l.l~.C,~nh-~ti~, t ~ 0 (9~ , befcxe cne. U ( ; ~ (.l C..~.,. the undcrcigned officer, personalty uppenred FIRER t;. REY AND CHRISTINE R, FREY known to me (or satisfactorily proven) to be the person(s) whose tieme(a) islare subscribed to the ~~lthin instrument and acknowledged that he,/shc~they e,cecuted the same for the purposes therein contained. In witness wliexeof, I hereunto set my hand and ~1Tieial. GIs. `~-~CT..~,1r,~~. ~ `fi't{~ Signature t P U{Slf~ n Narltlrt~ed r Il HobintA,Ir~tM~Pttla ~(u ij~ n . L l 1.. Onrr~wbut~8tr0.h~ Printed Natnc Momtwr Panrn d 1bMMa + Title OtTiar My commission expires' ~r ~ FHA PBJA{SYlVAN1A MORTGAGE•MERS Oaclwagic~aoo-s~ro-r~e2 g/gg Papa 9 Of 10 www.dbcnrxpk.caiP i . C~s,~f~#caite of Rcaidenee of Mertasstee The uod~signcd hereby certifies that: (i} hetshe is the Mortgagee or the duly airtlwrizwi attorney or agent of the Mortgagee named in the within instrument; and (ii} Mortgagde's precise resideacc: iv: 3300 S. W. 34th Avenue, Suite 101, Ocala, FL 24474, P. 0. Box 2026, Flint, Michigan 4$501-2026 Witness my hand this ~ Y~ day of ~'~-t-~-~`~`i~ ~ . Signature of Mortgagee or Mortgagee's lArly A~Ihoriaod Attorney or Agent Typo or t'rinl Nactse of Mortgages or Morlga~oe' a Holy Audtarncd Atarney or Agent gFrH 6PEJVPI3YLVANIA MO(t?i'GA(3E.-Mt~iS ~ DocMagic~~ 10 of 10 II EXHIBIT A ALL THAT CERTAIN lot or piece of ground situate in Hopewell Township, County of Cumberland, Comuwnwealth of Pennsylvania, more fully bound and described as follows: BEGINMNG at an iron pia at the center line of Township Road (T-327), known as Byers Road, which iron pin is 318.50 feet in an eastwardly direction from tba center line of Fennsylvania Route 696; thence along lands now or farttteriy of Gary D. Reihart, North t3 degrees t2 minutes [0 seconds West 277.78 feet to as iron pin; thence along lands now ar formeriy of Gary D. Ret3tat~, South 85 degt+ees 45 minutes East, 243.31feet to an iron pin; thence along lands now or fornterly of Gary D. Reihart, South 4 degrees I S minutes West 265 feet to an iron pin at the center line of Township Road (T-327}; t{tence along said seater line North 85 degrees 45 minutes West 160 feet to the plane of BECiINNQVG. BEING Lot No. 2 on the survey for FIarry S. Ockex dated May 26, 1973 artd recorded in the Office of the Recorder of Deeds in sad for Cumberland County in Plan Book 41, Page 7 i. Tt~ AEOVI: DESCBIEED )itEAL ESTATE is the same which Donald C. Ocker, E. Carol Gardner, Tarry E. Ocker, Janet L. Hockenberry, Vickie L. Rosenberry and Barbara 3. Frazier, Co-partners C/a Qcker Family Partnership by deed dated August 30, 1993 and recorded in fihe Office of the Recorder of Deeds of Cumberland County, PenaeylvaaiainBooklrl-36, .929 conveyed unto Lufiher 'G. Frey and Cisriatine 8. 1?rey, husband and wife. _ _ _ _ _ _ r_ _ T___ ROBERT P. ZIEGLER RECORDER OF DEEDS ~ CUMBERLAND COUNTY 1 COURTHOUSE SQUARE. CARLYSLE, PA 17013 ~ 717-240-6370 w i Inatrament Number -x00900291 Rocorded On I/b12009 At 10:41:OS AM * Total Pages - 12 * Instrument Type -MORTGAGE Invoice Number - 34$25 User ID - KW * Mortgagor - PREY, LUTHER G * Mortgagee -MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer -MADISON * F88S STATE ~tIR' TAX $0.50 Certi~ICatlpp Page STAIN .7C8/ACCF39 TO $10.00 .yvsTICE DO NOT DETACD g'ECpI~INC3 EPEES - X25.50 RiBCnttpt~t ar ~?EEDS 1"his page is now part PARClBL C1,RTIl}'ICATION $lo . oo df tli~ legal decrement. P`E1gS AH'H~ORDABI+E HOUSING $11.50 COUNTY AEtCSISiES 8`F.E $2.00 ROD ARCHIVES FE8 $3.00 TOTAL PAID $62.&0 - [Certify this to be recorded in Cumberland County PA d~~° RECORDER O D DS " -Information denoted D~ as asterisk rosy change dnrine the verit~catlon process and may eret be reflected oo this page. OOODINI ii ~~II~ . ; . , MIN: - Loan Number: III NOTE Case No_ DECEMBER 19, 2008 LEESBURG VIRGINIA [Datej [C~tYI [State] 47 BYERS ROAD, SHIPPENSBURG, PENNSYLVANIA 17257 [Properly Address] i . PARTIES 'Borrower" means each person signing at the end of this Note, and the person's success and assigns. 'Z,eader" means MORTGAGE AND EQUITY FUNDING CORPORATION, A VIRGINIA CORPORATION ~ CFI, # mlb- 4 $ 6) and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INT~T In return for a loan received from Lender, Borrower promises to pay the principal sum of TWO HUNDRED TWENTY THOUSAND THREE HUNDRED NINETY AND 00/100 Dollars (U.S. S 220, 390.00 plus interest, to the order of Lender. Interest will be changed on u~paid principal, from the date of disbursement of the Loan procceds by Lender, at the rate of FIVE AND 5 0 0 / 10 0 0 percent ( 5.500 °Yo) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OFPAYMBVT (A) Time Borrower shall make a p ent of principal and interest to Lender on the 1St day of each month beginning on FEBRUARY 1, 2 0 0 9 Any principal and interest remaining on the 1St day of JANUARY, 2039 ,will be due on that date, which is called the'Maturity Date." P Payment shall be made at 25 FIRST STREET, SE #1, LEESBURG, VIRGINIA 20175 or at such other place as Lender may designate in writing by notice to Borrower. (G•j Amount Each monthly payment of principal and interest will be in the amount of U. S. $ 1, 2 51 .3 5 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allottge to this Note for Payment AdJustmeuts If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shalt be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. MULTISTATE-FHA FIXED RATE NOTE DoCJl4agfC tt~gQ~ 800.64AiJQ2 USFHA.NTE OS/D1/08 Page i of 3 www.docmagic.com I (Check applicable box. ) ? Growing Equity Allonge ? Graduated Payment Allonge , ? other [~~3'l~ 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 eny month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the ~ctent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWB~ S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the e~ of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR AND 000/ 1000 percent ( 4.000 of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any montlily payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require iaunediate payment in full of the principal balance remaining due and all aarued interest. Lender may choose not to exercise this option without waiving its rights in the event of arty subsequent default. In ma~+ circumstances, regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designs. (C) Payment of Costa and E=penaes If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the ~ctent 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. WAIVBZS 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. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address abot•e or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by delivering it or by mailing it by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PB~SONS UNDE~t THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep a!1 of the promises made in MULTISTATE -FHA F1XE0 RATE NOTE l7ocM~ic ROOdOD-1982 USFHA.NTE 05/01/08 Page 2 of 3 wyyyy,d~ayk,~ 9 this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay alt of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. f (Seal) S/ lfnt/~i _ - - (Seal) R G . FREY - mower CHRISTINE R . FREY _ ~w,~ (Seal) (Seat) -Borrower -Borrower (Seat) (Seal) -Borrower -Borrower e~ P\w~~e s~ a [Sign Original Only] MULTISTATE -FHA FIXED RATE NOTE DocMagTcOF'~B,s soo.eaD-f3Q2 USFHA.NTE 05/01 /08 Page 3 of 3 www docmagk.com i ALLONGE Loan Number: Borrower(s): Luther G. Frey & Christine R. Frey Property Address: 47 Byers Road Shippensburg, PA 17257 Principal Balance: 220,390.00 Loan Date: 12/19/2008 Pay to the Order of JP Morgan Chase Bank, N.A. Without Recourse Company Name: Mortgage and Equity Funding Corp. By: Satheriae ~ VP op bons P h Berl / Lakr~ehp am . Arty K i Chase (FL5-7734) PO BOX 44090 CHASE ~i Jacksonville, FL 32231-4090 ~ 7190 1075 4460 0467 0122 April 30, 2012 00018115 HDLG CB 12212 -BR840 LUTHER G FREY 47 BYERS RD SHIPPENSBURG, PA 17257 I.,~III~~~I~~I~I~I~I~I~~~II~I~~I~~~I~~~III~~~I~I~~II~~~I~~II~I ~b~~" _ _ _ _ _ _ _ _ _ _ _ _ T B Chase (FL5-7734) CHASE ~ PO BOX 44090 Jacksonville, FL 32231-4090 o i 7190 1075 4460 0467 0122 April 30, 2012 I~~~III~~~I~~I~I~I~I~I~~~II~i~~l~~~l~~~lll~~~l~l~~ll~~~l~~ll~i 00018115 HDLG CB 12212 $R840 LUTHER G FREY 47 BYERS RD SHIPPENSBURG, PA 17257 Acceleration Warning (Notice of Intent to Foreclose) Account: the "Loan") Property Address: 47 BYERS RD SHIPPENSBURG, PA 17257 (the "Property") Dear LUTHER G FREY: 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 March 1, 2012. 2. As of Apri130, 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 $3,400.42 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 $3,215.78 Late Fees $128.64 NSF Fees $0.00 Other Fees* $0.00 Advances* $56.00 Amount Held in Suspense $0.00 *Other Fees and Advances include those amounts assessed in accordance with your loan documents, and/or permitted by applicable law, or that were authorized for services rendered. 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 June 2, 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 curre~t, 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 accelera a the mortgage payments. This means that whatever is owed on the original amount borrowed will be conside ed 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 foredo ed, 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 mort age. 5. You have the right to cure the default, or anyone acting on your behalf, and pay your account current a ime at least one hour prior to the commencement of bidding at a sheriffs sale or other judicial sale, not mor 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 ha e 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 f default or the exercise of acceleration; c) Pay or tender any reasonable attorney's fees the reasonable costs of proceeding to foreclos e that were actually incurred up to and including the date the debtor cures the default, as sp Tied 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 wi hin 33 days from the date of this notice in order to cure this default. All late fees, NSF fees, and other fees nd 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 June 2, 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 they notice to you. If this happens, Chase will be entitled to collect its expenses incurred in pursuing the re 'es provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure/att rney 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 f 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 owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under t 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. lease note that Chase policy requires certified funds if two insufficient funds (NSF) payments have been recei ed 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 i Except as required by law, we are under no obligation to accept less than the full amount owed. If you s d 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 t t might help you resolve your default and keep your home; however, we need to talk with you to discuss th se options and determine which of them might be appropriate for your circumstances. Please call us as soon s possible at (800) 848-9380. 10. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, including visits to your Property at regular intervals during the default. This will be done to determine, as of the date of the inspection the property condition, occupancy status, and, possibly, your plans for curing t e default and paying this Loan on time. You should anticipatethat any costs incurred by Chase will be add d 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 pro to obtain money to pay off the mortgage debt or to borrow money from another lending institution to pay ff 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 mortgag are satisfied). Contact us to determine under what circumstances this right may exist. You have the right to h ve 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 throu 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-fr e 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 ~ r _ _ 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 o 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 milita 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 siclrnes , wounds, leave or other lawful cause. If you are such a servicemember, or a dependent of such a servicemember, you should contact Chase Military Se ices 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 abo t the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers sh uld beware of any organization that attempts to charge a fee for housing counseling or modification of a delinqu nt 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 cha ge (i.e., no modification fee required). Please call us immediately at (800) 848-9380 to discuss your options. Th 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 n e, address and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy and r Title 11 of the United States Code, this notice is for compliance and/or informational purposes only and doe not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secure party retains rights under its security instrument, including the right to foreclose its lien. BR840 r _ _ An important message from the Federal Trade Commission ~ ~;p Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to b 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. Imitations =Frustrations. "We can stop your foreclosure!" Some con artists use names, phone numbers, and "97% success rate!" websites to make it look like they're part of the "Guaranteed to save your home!" government. If you want to contact a government These kinds of claims are the tell-tale signs of a agency, type the web address directly into foreclosure rip-off. Steer clear of anyone who offers your browser and look up any address you aren't an easy out. sure about. Use phone numbers listed on agency websites or in other reliable sources, like the Blue Don't Pay for a Promise. Pages in your phone directory. Don't click on link Don't pay any business, organization, or person or open any attachments in unexpected emails. who promises to prevent foreclosure or get you a new mortgage. These so-called "foreclosure rescue Talk to aHUD-Certified companies" claim they can help save your home, Counseling Agency -For Free. but they're out to make a quick buck. Some may If you're having trouble paying your mortgage or request hefty fees in advance -and then stop you've already gotten a delinquency notice, free returning your calls. Others may string you along help is a phone call away. Call 1-888-995-HOPE before disclosing their charges. Cut off all dealings for free personalized advice from housing counse ' g if someone insists on a fee. agencies certified by the U.S. Department of Housing and Urban Development (HUD). Send Payments Directly. This national hotline -open 24/7 - is operated Some scammers offer to handle financial by the Homeownership Preservation Foundation, arrangements for you, but then just pocket your a nonprofit member of the HOPE NOW payment. Send your mortgage payments ONLY to Alliance of mortgage industry members and your mortgage servicer. HUD-certified counseling agencies. For free guidance online, visit wvvw.hopenow.com. For Don't Pay for a Second Opinion. free information on the President's plan to help Have you applied for a loan modification and been homeowners, visit turned down? Never pay fora "second opinion." v'~'~'~'•~kinghomeaffordable.gov. Federal Trade Commission ftc.gov/MoneyMatters I Call 1-888-995-HOP E for free personalized guidance from housing counseling agencies certified by the U.S. Department of Housing and Urban Development. The Homeowner's HOPET'" 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 '~"ACHOPENOW Support& Guidance For Homeowners ~ ~ ~'SM MAKING HOME AFFORDABLE.cov - - _ _ ~ Chase (FLS-7734) CHASE ~i PO BOX 44090 Jacksonville, FL 32231-4090 7190 1075 4460 0467 0139 April 30, 2012 00018116 HDLO CB 12212 -BR840 CHRISTINE R FREY 47 BYERS RD SHIPPENSBURG, PA 17257 I~~~III~~~I~~I~I~I~I~I~~~II~I~~I~~~I~~~III~~~I~I~~II~~~I~~II~I Chase (FL5-7734) CI"~MSE ~ PO BOX 44090 Jacksonville, FL 32231-4090 7190 1075 4460 0467 0139 April 30, 2012 I~~~III~~~I~~I~I~I~i~l~~~ll~l~~l~~~l~~~lll~~~l~l~~ll~~~l~~ll~l 00018116 HDLO CB 12212 $R840 CHRISTINE R FREY 47 BYERS RD SHIPPENSBURG, PA 17257 Acceleration Warning (Notice of Intent to Foreclose) Account: (the "Loan") Property Address: 47 BYERS RD SHIPPENSBURG, PA 17257 (the "Property") Dear CHRISTINE R FREY: 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 March 1, 2012. 2. As of April 30, 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 $3,400.42 are past due. This past-due amount is itemized below. I 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 $3,215.78 Late Fees $128.64 NSF Fees $0.00 Other Fees* $0.00 Advances* $56.00 Amount Held in Suspense $0.00 *Other Fees and Advances include those amounts assessed in accordance with your loan documents, and/or permitted by applicable law, or that were authorized for services rendered. 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 June 2, 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 curre~t, 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 accelera a the mortgage payments. This means that whatever is owed on the original amount borrowed will be conside ed 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 foredo ed, 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 mort age. 5. You have the right to cure the default, or anyone acting on your behalf, and pay your account current a ime at least one hour prior to the commencement of bidding at a sheriff's sale or other judicial sale, not mor 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 ha e 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 f default or the exercise of acceleration; c) Pay or tender any reasonable attorney's fees the reasonable costs of proceeding to foreclos e that were actually incurred up to and including the date the debtor cures the default, as spec'fied 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 wi hin 33 days from the date of this notice in order to cure this default. All late fees, NSF fees, and other fees nd 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 June 2, 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 they notice to you. If this happens, Chase will be entitled to collect its expenses incurred in pursuing the r dies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure/att rney 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 ' owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under t 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. lease note that Chase policy requires certified funds if two insufficient funds (NSF) payments have been recei ed 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 s d 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 t t might help you resolve your default and keep your home; however, we need to talk with you to discuss th se options and determine which of them might be appropriate for your circumstances. Please call us as soon s possible at (800) 848-9380. 10. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, including visits to your Property at regular intervals during the default. This will be done to determine, as of the date of the inspection the property condition, occupancy status, and, possibly, your plans for curing t e default and paying this Loan on time. You should anticipatethat any costs incurred by Chase will be add d 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 prop to obtain money to pay off the mortgage debt or to borrow money from another lending institution to pay ff 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 mortgag are satisfied). Contact us to determine under what circumstances this right may exist. You have the right to h ve 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 throug 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-fr eat (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 i 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 o eviction, pursuant to the Servicemembers Civil Relief Act (50 USC App. 501-596), as amended (the "SC1tA") 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 milita 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 siclrnes , wounds, leave or other lawful cause. If you are such a servicemember, or a dependent of such a servicemember, you should contact Chase Military Se ices 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 abo t the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers s uld beware of any organization that attempts to charge a fee for housing counseling or modification of a delinqu nt 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 cha ge (i.e., no modification fee required). Please call us immediately at (800) 848-9380 to discuss your options. T 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 n me, address and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy and r Title 11 of the United States Code, this notice is for compliance and/or informational purposes only and doe not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secure party retains rights under its security instrument, including the right to foreclose its lien. BR840 T An important message from the Federal Trade Commission s Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to b 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. Imitations =Frustrations. "We can stop your foreclosure!" Some con artists use names, phone numbers, and "97% success rate!" websites to make it look like they're part of the "Guaranteed to save your home!" government. If you want to contact a government These kinds of claims are the tell-tale signs of a agency, type the web address directly into foreclosure rip-off. Steer clear of anyone who offers your browser and look up any address you aren't an easy out. sure about. Use phone numbers listed on agency websites or in other reliable sources, like the Blue Don't Pay for a Promise. Pages in your phone directory. Don't click on link Don't pay any business, organization, or person or open any attachments in unexpected emails. who promises to prevent foreclosure or get you a new mortgage. These so-called "foreclosure rescue Talk to aHUD-Certified companies" claim they can help save your home, Counseling Agency -For Free. but they're out to make a quick buck. Some may If you're having trouble paying your mortgage or request hefty fees in advance -and then stop you've already gotten a delinquency notice, free returning your calls. Others may string you along help is a phone call away. Call 1-888-995-HOPE before disclosing their charges. Cut off all dealings for free personalized advice from housing counsel' g if someone insists on a fee. agencies certified by the U.S. Department of Housing and Urban Development (HUD). Send Payments Directly. This national hotline -open 24/7 - is operated Some scammers offer to handle financial by the Homeownership Preservation Foundation, arrangements for you, but then just pocket your a nonprofit member of the HOPE NOW payment. Send your mortgage payments ONLY to Alliance of mortgage industry members and your mortgage servicer. HUD-certified counseling agencies. For free guidance online, visit www.hopenow.com. For Don't Pay for a Second Opinion. free information on the President's plan to help Have you applied for a loan modification and been homeowners, visit turned down? Never pay fora "second opinion." www•makinghomeaffordable.gov. Federal Trade Commission ftc.gov/MoneyMatters _ _ _ _ T ~ I Call 1-888-995-HOP E for free personalized guidance from housing counseling agencies certified by the U.S. Department of Housing and Urban Development. The Homeowner's HOPETM 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 '~'~'~HOPENOW Support & Guidance For Homeowners ¦ ~ SM MAIQNG HOME AFFORD.ABLE.cov _T _ _ _ _ ~ _ _ _ _ _ _ _ _ ~ _ r _ i Pennsylvania Verification F Selvir Lolcmic , hereb states that he/she is Vice President of Y 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. Selvir Lokmic Vice President Date: 08/13/12 JPMor~an Chase Bank, N.A Borrower: Luther G Frey & Christine R Frey Property Address: 47 Byers Rd Shippensburg, PA 17257 County: Cumberland Last Four of Loan Number: 8667 _ - i ~I IN THE COURT OF COMMON PLEAS O JPMorgan Chase Bank, National Association : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V S . c-, r,., r-? Luther G. Frey ~ :M:' ~ 47 Byers Road ~ ~ Shippensburg, PA 17257 ~t c:~ u7 ~ ,-,e~ ~ ~ ~ , Christine R. Frey ~ ~ 47 Byers Road ~ Shippensburg, PA 17257 DEFENDANTS _ SASS ~ 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 acourt-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 contac 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 leg 1 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 yo r legal representative complete a financial worksheet in the format attached hereto, the legal representat ve will prepare and file a Request for Conciliation Conference with the Court, which must be filed with t e 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 yo r 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 e 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. e~ 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: SHAPIRO & DeNARDO, LLC Att s for Plaintiff ' Date i Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet i Date 'I 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 rovide the followin information to the best of our knowled e: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing Date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household 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 ? No ? If yes, provide names, location of court, case number & attorney _T _ Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ it Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats, motorc cam): 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: Monthl Ex enses: Please onl include ex enses ou are currentl a 'n EXPENSE AMOUNT EXPENSE AMOUNT Morta e Food 2" Mort a e Utilities Car Pa ent s Condo/Nei .Fees Auto Insurance Med. not covered Auto fuel/re airs Other ro . Pa ent Install. Loan Pa ent Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating m financial situation for possible mortgage options. UWe understand that I/We am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: ~ 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff _??(F{t grtja'' at L.r:tlr.r ,r Iw PROTNCNOTAR'i Jody S Smith' Chief Deputy - 1942 SEP -6 AM 10* 14 Richard W Stewart Solicitor CUMN LAND :COUNi ' P?t??YLVANIA JP Morgan Chase Bank, NA vs. Cane Number Luther G. Frey (et, al.) 2012-5235 SHERIFF'S RETURN OF SERVICE 08/24/2012 02:3q PM - William Cline, Corporal, who being duly sworn according to law, states that on August 24, 2012'at 1430 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Resi ential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Luther G. Frey, by making known unto himself personally, at 47 Byers Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him ;;17,rz- copy of the same. WI16AW6LINE, said true and correct DEPUTY 08/24/2012 02:301 PM - William Cline, Corporal, who being duly sworn according to law, states that on August 24, 2012 at 1430 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Resid ntial Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Christine R. Fr y, by making known unto Luther Frey, Husband of Christine R. Frey at 47 Byers Road, Shipp nsburg, Cumberland County, Pennsylvania 17257 its contents and at the sa a time handing to him personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY 08/27/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 47 Byers Road, Shippensburg, Penn Ivania 17257, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice or Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Occupant. Deputies attempted service at 47 Byers Road, Shippensburg, Pennsylvania 17257 to be advised this is only owner occupied by Luther and Christine Frey, Husband and Wife. SHERIFF COST: $815.00 August 29, 2012 SO ANSWERS, RON + R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosott, Inc. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041787 JPMorgan Chase Bank, National Association PLAINTIFF VS. Luther G. Frey and Christine R. Frey DEFENDANTS r? COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-5235 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $221,595.38 in favor of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid 5210,561.58 Interest through September 30, 2012 $7,720.56 Late Charges $0.00 Escrow Advances $1,971.49 Property Inspection 598.00 Attorney Fees & Costs of Foreclosure $1,243.75 TOTAL 1 r $221,595.38 BY: C istopher A. DeNardo, Esquire ? fl ) Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and a inst .JDe is and ' damages are assessed as above in the sum of $221,595.38. ) / Pro. 12-041787 %') lo ?j x? 0 P), SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041787 JPMorgan Chase Bank, National Association 3415 Vision Drive Columbus, OH 43219 PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY 12-5235 CIVIL VS. Luther G. Frev till({ Christine R. [Frey DEFENDANT(S) vania STATE OF: Pennsylvania COUNTY OF: Mont og mery AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. SHAPIRO &,DENAR:O, L C By: VA)v I 1 Michael J. Clark, Esquire Sworn to and subscribed before me this, day 52012. No ary Public SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041787 JPMorgan Chase Bank, National Association PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. Luther G. Frey and Christine R. Frey DEFENDANTS NO: 12-5235 CIVIL CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, September 14, 2012 to the following Defendants: Luther G. Frey, 47 Byers Road, Shippensburg, PA 17257 Christine R. Frey, 47 Byers Road, Shippensburg, PA 17257 Tiffany Donnell, Legal Assistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041787 JPMorgan Chase Bank, National Association PLAINTIFF VS. ; Luther G. Frey and Christine R. Frey ; DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-5235 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Luther G. Frey DATE OF NOTICE: September 14, 2012 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a• lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirda de su parte en este caso. Al no tomar la accion debida dentrode un temiino de diet (10) Bias de la fecha de esta notification, el tribuna podra, sin necesidad de compararecer usted in torte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notification a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal sen=icio, vaya en persona o llame por telefono a la olicina cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Layer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUAN'T' TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS 'I'O WHOM RULE 237.1 NOTICE SENT TO: Luther G. Frey, 47 Byers Road, Shippensburg, PA 17257 Christine R. Frey, 47 Byers Road, Shippensburg, PA 17257 ?r Christopher A. DeNardo, Esquire Shapiro & DcNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041787 JPMorgan Chase Bank, National Association ; PLAINTIFF VS. Luther G. Frey and Christine R. Frey DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-5235 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Christine R. Frey DATE OF NOTICE: September 14, 2012 You are in default- because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la aceion debida dentro de un termino do diex ( 10) dias de la fecha de esta notification, el tribuna podra, sin necesidad de compararecer usted in carte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perdcr bicnes y otros derechos importantes. Debe llevar esta notification a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente Para tal servicio, vaya en persona o llamc por telefono a la olicina cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, PERSONS '1'0 W140NI RULE 237.1 NOTICE SEN'F TO: l.uther G. Frey, 47 Byers Road, Shippensburg, PA 17257 Christine R. Frey, 47 Byers Road, Shippensburg, PA 17257 Christopher A. DeNard , Esquire Shapiro & DeNardo, LI-C Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041787 JPMorgan Chase Bank, National Association PLAINTIFF VS. Luther G. Frey and Christine R. Frey DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:12-5235 CIVIL CERTIFICATE OF SERVICE I, Christopher A. DeNardo, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Luther G. Frey, 47 Byers Road, Shippensburg, PA 17257 Christine R. Frey, 47 Byers Road, Shippensburg, PA 17257 Date Mailed: `[? I o i lb BY: 'V V? 'V', ) 'K/-, SHAPIR & DeNARPO, LLC Christopher A. b ardo, Esquire Attorney for Plai tiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041787 JPMorgan Chase Bank, National Association PLAINTIFF VS. Luther G. Frey and Christine R. Frey DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:12-5235 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 addresses of the judgment debtors (Defendants) are: Luther G. Frey 47 Byers Road Shippensburg, PA 17257 Christine R. Frey 47 Byers Road Shippensburg, PA 17257 SHAPIRODeNARDQ; LLC `( k A BY: Christopher A. DeNar' lo, Esquire Attorney for Plaintiff !! 12-041787 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: Luther G. Frey 47 Byers Road Shippensburg, PA 17257 JPMorgan Chase Bank, National Association PLAINTIFF VS. Luther G. Frey and Christine R. Frey DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-5235 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. [XX] Judgment by Default [ ] Judgment for Possession David D. Buell Prothonotary ,y w ?- [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings ?aal'a IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. 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: Christine R. Frey 47 Byers Road Shippensburg, PA 17257 JPMorgan Chase Bank, National Association PLAINTIFF VS. Luther G. Frey and Christine R. Frey DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-5235 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] Judgment by Default .• 1 [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: JPMorgan Chase Bank, National Association PLAINTIFF vs. Luther G. Frey and Christine R. Frey DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment OOther File No. Amount Due $221,595.38 Interest October 1 2012 to March f 20 ; is $5,242.39 Atty's Comm -y Costs The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. 1 Date: /Z Signature: Print Name: Christopher A. DeNardo, Esquire Address: 3600 Horizoh Drive, Suite 150 King of Prussia PA 19406 a? 'a oCT ti it 1 So 0 c< q i?(n' S?f a ?a Attorney for: Plaintiff Supreme Court ID # PA Bar # 78447 CV 14?o91oU 1 P-'LovL??-11 ? ?4 J SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041787 JPMorgan Chase Bank, National Association PLAINTIFF VS. Luther G. Frey and Christine R. Frey DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-5235 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 47 Byers Road, Shippensburg, PA 17257. Name and address of Owner(s) or Reputed Owner(s) Luther G. Frey 47 Byers Road Shippensburg, PA 17257 Christine R. Frey 47 Byers Road Shippensburg, PA 17257 2. Name and address of Defendants in the judgment: Luther G. Frey 47 Byers Road Shippensburg, PA 17257 Christine R. Frey 47 Byers Road Shippensburg, PA 17257 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: 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 47 Byers Road Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. S APIRO & DFTl A? O, LC .e. i BY: 1:c f It, ! i Christopher A. D Nardo, Esquire 12-041787 F SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 ?L. 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041787 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Luther G. Frey and Christine R. Frey DEFENDANTS NO: 12-5235 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Christine R. Frey 47 Byers Road Shippensburg, PA 17257 Your house (real estate) at: 47 Byers Road, Shippensburg, PA 17257 11-10-0610-007 is scheduled to be sold at Sheriffs Sale on March 6, 2013 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:OOAM to enforce the courtjudgment of $221,595.38 obtained by JPMorgan Chase Bank, National Association against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 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 rnay 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. T The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12-041787 ALL THAT CERTAIN lot or piece of ground situate in Hopewell Township, County of Cumberland, Commonwealth of Pennsylvania, more fully bound and described as follows: BEGINNING at an iron pin at the center line of Township Road (T-327), known as Byers Road, which iron pin is 318.50 feet in an eastwardly direction from the center line of Pennsylvania Route 696; thence along lands now or formerly of Gary D. Reihart, North 13 degrees 12 minutes 10 seconds West 277.78 feet to an iron pin; thence along lands now or formerly of Gary D. Reihart, South 85 degrees 45 minutes East, 243.31 feet to an iron pin; thence along lands now or formerly of Gary D. Reihart, South 4 degrees 15 minutes West 265 feet to an iron pin at the center line of Township Road (T-327); thence along said center line North 85 degrees 45 minutes West 160 feet to the place of BEGINNING. BEING Lot No. 2 on the survey for Harry S. Ocker dated May 26, 1973 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 41, Page 71 PARCEL No. I1-10-0610-007 BEING the same premises which Donald C. Ocker, E. Carol Gardner, Larry E. Ocker, Janet L. Hockenberry, Vickie E. Rosenberry and Barbara J. Frazier, co-partners T/A Ocker Family Partnership, by Deed dated August 30, 1993 and recorded in the Cumberland County Recorder of Deeds Office on September 3, 1993 in Deed Book M36, page 929, granted and conveyed unto Luther G. Frey and Christine R. Frey, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-5235 Civil 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 LUTHER G. FREY AND CHRISTINE R. FREY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $221,595.38 L.L.:.50 Interest FROM OCTOBER 1, 2012 TO MARCH 6, 2013 IS $5,242.39 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $236.25 Other Costs: Plaintiff Paid: Dare: 10/22/12 I David D. Bueli, Prot on ta (Sea)) By: ? Deputy REQUESTING PARTY: Name- CHRISTOPHER A. DENARDO, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 78447 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ,.. Chief Deputy `-`4 O U' —4 t Richard W Stewart Solicitor ') �_�- i JP Morgan Chase Bank, NA Case Number vs. Luther G. Frey(et al.) 2012-5235 SHERIFF'S RETURN OF SERVICE 01/03/2013 01:01 PM -Deputy Ronald Hoover, 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 47 Byers Road, Shippensburg, PA 17257, Cumberland County. 01/03/2013 01:01 PM -Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Luther G. Frey at 47 Byers Road, Hopewell Township, Shippensburg, PA 17257, Cumberland County. 01/03/2013 01:01 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Luther G. Frey, who accepted as"Adult Person in Charge"for Christine R. Frey at 47 Byers Road, Hopwell Township, Shippensburg, PA 17257, Cumberland County. 02/12/2013 As directed by Christopher Denardo,Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 04/24/2013 As directed by Christopher Denardo,Attorney for the Plaintiff, Sheriffs Sale Continued to 7/1012013 05/31/2013 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: $965.28 SO ANSWERS, June 03, 2013 RON R ANDERSON, SHERIFF runyourfe:Sienrfi:Te.eesctt:Inc. e s T • SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar#78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041787 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Luther G. Frey and Christine R. Frey DEFENDANTS NO: 12-5235 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 47 Byers Road, Shippensburg, PA 17257. 1. Name and address of Owner(s) or Reputed Owner(s) Luther G. Frey 47 Byers Road Shippensburg, PA 17257 Christine R. Frey 47 Byers Road Shippensburg, PA 17257 2. Name and address of Defendants in the judgment: Luther G. Frey 47 Byers Road Shippensburg, PA 17257 Christine R. Frey 47 Byers Road Shippensburg, PA 17257 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: 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 47 Byers Road Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements_herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIR &DeT�A O, LLC Christopher A.D�arN do, Esquire 12-041787 / t SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar# 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041787 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Luther G. Frey and Christine R. Frey DEFENDANTS NO: 12-5235 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Luther G. Frey 47 Byers Road Shippensburg, PA 17257 Your house (real estate) at: 47 Byers Road, Shippensburg, PA 17257 11-10-0610-007 is scheduled to be sold at Sheriffs Sale on March 6, 2013 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of$221,595.38 obtained by JPMorgan Chase Bank, National Association against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to 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 DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12-041787 ALL THAT CERTAIN lot or piece of ground situate in Hopewell Township, County of Cumberland, Commonwealth of Pennsylvania, more fully bound and described as follows: BEGINNING at an iron pin at the center line of Township Road(T-327), known as Byers Road, which iron pin is 318.50 feet in an eastwardly direction from the center line of Pennsylvania Route 696; thence along lands now or formerly of Gary D. Reihart, North 13 degrees 12 minutes 10 seconds West 277.78 feet to an iron pin; thence along lands now or formerly of Gary D. Reihart, South 85 degrees 45 minutes East, 243.31 feet to an iron pin; thence along lands now or formerly of Gary D. Reihart, South 4 degrees 15 minutes West 265 feet to an iron pin at the center line of Township Road(T-327); thence along said center line North 85 degrees 45 minutes West 160 feet to the place of BEGINNING. BEING Lot No. 2 on the survey for Harry S. Ocker dated May 26, 1973 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 41, Page 71 PARCEL No. 11-10-0610-007 BEING the same premises which Donald C. Ocker, E. Carol Gardner, Larry E. Ocker, Janet L. Hockenberry, Vickie E. Rosenberry and Barbara J. Frazier, co-partners TIA Ocker Family Partnership,by Deed dated August 30, 1993 and recorded in the Cumberland County Recorder of Deeds Office on September 3, 1993 in Deed Book M36, page 929, granted and conveyed unto Luther G. Frey and Christine R. Frey, husband and wife. r c ` SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar# 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041787 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Luther G. Frey and Christine R. Frey DEFENDANTS NO: 12-5235 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Christine R. Frey 47 Byers Road Shippensburg, PA 17257 Your house (real estate) at: 47 Byers Road, Shippensburg, PA 17257 11-10-0610-007 is scheduled to be sold at Sheriffs Sale on March 6, 2013 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:OOAM to enforce the court judgment of$221,595.38 obtained by JPMorgan Chase Bank, National Association against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to 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 treet 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. 12-041787 Y ALL THAT CERTAIN lot or piece of ground situate in Hopewell Township, County of Cumberland, Commonwealth of Pennsylvania, more fully bound and described as follows: BEGINNING at an iron pin at the center line of Township Road (T-327), known as Byers Road, which iron pin is 318.50 feet in an eastwardly direction from the center line of Pennsylvania Route 696; thence along lands now or formerly of Gary D. Reihart, North 13 degrees 12 minutes 10 seconds West 277.78 feet to an iron pin; thence along lands now or formerly of Gary D. Reihart, South 85 degrees 45 minutes East, 243.31 feet to an iron pin; thence along lands now or formerly of Gary D. Reihart, South 4 degrees 15 minutes West 265 feet to an iron pin at the center line of Township Road (T-327); thence along said center line North 85 degrees 45 minutes West 160 feet to the place of BEGINNING. BEING Lot No. 2 on the survey for Harry S. Ocker dated May 26, 1973 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 41, Page 71 PARCEL No. 11-10-0610-007 BEING the same premises which Donald C. Ocker, E. Carol Gardner, Larry E. Ocker, Janet L. Hockenberry, Vickie E. Rosenberry and Barbara J. Frazier, co-partners T/A Ocker Family Partnership,by Deed dated August 30, 1993 and recorded in the Cumberland County Recorder of Deeds Office on September 3, 1993 in Deed Book M36, page 929, granted and conveyed unto Luther G. Frey and Christine R. Frey, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5235 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 LUTHER G. FREY AND CHRISTINE R.FREY (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(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: $221,595.38 L.L.: .50 Interest FROM OCTOBER 1,2012 TO MARCH 6,2013 IS$5,242.39 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $236.25 Other Costs: Plaintiff Paid: Date: 10/22/12 �� � -��\r• �y�P�� -- David D. Buell,Prothonot (Seal) Deputy REQUESTING PARTY: Name: CHRISTOPHER A. DENARDO,ESQUIRE Address: SHAPIRO& DENARDO,LLC 3600 HORIZON DRIVE,SUITE 150 KING OF PRUSSIA,PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 78447 TRUE COPY FROM RECORD In Testimony whereof,i here unto set my hand and the�eeai c`said Co at arlisle2OPa, � T►iis -of)day of Prothor)04Y On October 25, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA, Known and numbered as, 47 Byers Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 25, 2012 By: Real Estate Coordinator q0 :Z E7 130 Z I OZ r � CUMBERLAND LAW JOURNAL Writ No. 2012-5235 Civil JP Morgan Chase Bank,NA vs. Luther G. Frey, Christine R. Frey Atty.: Christopher DeNardo ALL THAT CERTAIN lot or piece of ground situate in Hopewell Town- ship, County of Cumberland, Com- monwealth of Pennsylvania, more fully bound and described as follows: BEGINNING at an iron pin at the center line of Township Road(T-327), known as Byers Road,which iron pin is 318.50 feet in an eastwardly direc- tion from the center line of Pennsyl- vania Route 696;thence along lands now or formerly of Gary D. Reihart, North 13 degrees 12 minutes 10 sec- onds West 277.78 feet to an iron pin; thence along lands now or formerly of Gary D.Reihart,South 85 degrees 45 minutes East, 243.31 feet to an iron pin; thence along lands now or formerly of Gary D. Reihart, South 4 degrees 15 minutes West 265 feet to an iron pin at the center line of Township Road(T-327);thence along said center line North 85 degrees 45 minutes West 160 feet to the place of BEGINNING. BEING Lot NO.2 on the survey for Harry S. Ocker dated May 26, 1973 and recorded in the Office of the Re- corder of Deeds in and for Cumber- land County in Plan Book 41,Page 71 PARCEL No. 11-10-0610-007. BEING the same premises which Donald C. Ocker, E. Carol Gardner, Larry E. Ocker, Janet L. Hocken- berry, Vickie E. Rosenberry and Barbara J. Frazier, co-partners T/A Ocker Family Partnership, by Deed dated August 30, 1993 and recorded in the Cumberland County Recorder of Deeds Office on September 3, 1993 in Deed Book M36, page 929, granted and conveyed unto Luther G. Frey and Christine R.Frey,husband and wife. 49 a J0 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: January 25, February 1, and February 8, 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. isa Marie Coy , Editor SWORN TO AND SUBSCRIBED before me this da of Februai 2013 ---7,,::�2,-A�d- Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires ,Apr 28,2014 2012-5235 Ch4I JP Morgan Chose dank,NA Vs l ut1w G.Fri Chrisdim.R.Frey Aur ChMst ophsr Denardo ALL'IfI?i'f CE1rrAIN lot or piece of ground situate in Hopewell T-whip, County of Cumberland, Comm-wealth of Fgmsylvania, more fully, bound and described as follows: BEGINNING at an iron pin at the center lime of Townsbip Road(17-327),known as Byers Road,which iron pin is 318.50 feet in an eartwasdly direction from the center lime of Fennsylrauia Route 696;-thence along lands now of formerly of Gary D.Reihart, i North 13 degrees 12 minutes 10 seconds West.277.78 feet to an iron pin;thence along lands now or formerly of Gary D.Reihart, South 85 degrees 45 minutes Fast,243.31 feet to an iron`pit1;thence#ng lands now or formerly of Gary D. South 4 , degrees 15 minutes West tid, 'iron pin at the center lime of'Ibwno Road(T 327);thence along said center.line North 85 degrees 45 minutes West 160 feet to the place of BEGINNING. BEING Lot NO.2 on the survey for Harry S.ticker dated May,26,1973 and recorded in the Office of the Recorder s 8+� in and for Cumberland Coup*#'Plan Book 41,Page 71 PARCEL No.11-10.0610-007 BEING the some premises which Donald C. Ocker, E. Carol Gardner, Larry E. Ocker,'Janet L Hockenberry, Vidde E. Rosenberry and Barbara J. Frazier, co- partners T/A Ocker Family Partnership,by Deed dated"August 30,1993 and recorded in.the Cumberland County"Recorder of Deedsofrice Qt►September 3,1993 in Deed "Book M36,page 929,granted and conveyed unto Luther G.Frey and Christine R Frey, husband and wife. :I The Patriot-News Co. 2020 Technology Pkwy Suite 300 MechanicsbVrg, PA 17050 Now you know Inquiries - 717-255-8213 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, 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 she 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 she 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: 01/22/13 01/29/13 *W__49'-� . . . . . . . . 02/05/13 Sworn to and bscribed before me this 14 day of February, 2013 A.D. Natai4 Public COMMO LTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin county My Commission Expires Dec.12,2016 MEMBER.PENNSYLVANIA ASSOCIATION Of NOTARIES z SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 s: CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 `._'n c -;0 -.z 3600 HORIZON DRIVE, SUITE 150 U)f- 70c) KING OF PRUSSIA, PA 19406 WL T TELEPHONE: (610)278-6800 S &D FILE NO. 12-041787 =C' JPMorgan Chase Bank,National Association COURT OF COMMON PLEA *-r ' PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 12-5235 CIVIL Luther G. Frey and Christine R. Frey DEFENDANTS PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on October 22, 2012 in the above entitled action vacated without prejudice to Plaintiff. SHAPIRO & DeNARDO, LLC Date: 01 BY: Att neys Tor"Pv1iff � q.soP l a yao9, # a Cy/3-)� SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041787 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 12-5235 CIVIL Luther G. Frey and Christine R:Frey DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Vacate Mortgage Foreclosure Judgment on n 2CA to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Luther G. Frey 47 Byers Road Shippensburg,PA 17257 Christine R.Frey 47 Byers Road Shippensburg,PA 17257 SHAPIRO & DeNARDO, LLC Date: � � 2� BY: _' / Atto eys for Plai l f SHAPIRO &DeNARDO, LLC C= BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 1::", :;--C= f , LEONARD J. MUCCI 111, ESQUIRE,ATTORNEY I.D. NO. 92357 - 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 moo : TELEPHONE: (610)278-6800 -- S &D FILE NO. 12-041787 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 12-5235 CIVIL Luther G. Frey and Christine R.. Frey DEFENDANTS PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO &DeNARDO, LLC Date: BY: Attokeys'f4 f I tiff SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041787 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 12-5235 CIVIL Luther G. Frey and Christine R. Frey DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Luther G. Frey 47 Byers Road Shippensburg,PA 17257 Christine R. Frey 47 Byers Road Shippensburg, PA 17257 SHAPIRO & DeNARDO, LLC Date: ORDL BY: Att neys torlPlaitiff