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HomeMy WebLinkAbout12-5259 _ _ KML LAW GROUP, P.C. SUITE 5000-BNY MELLON INDEPENDENCE ?~,r7C. ~t'*'f{^- !~r` 701 MARKET STREET ~ J- ~ i ~ ~t i t,i Q J~~~ ~ PHILADELPHIA, PA 19106 a ,y ~ ~ (866) 413-2311 C i_1~ ~ a,~ C`; ~ ~ II JPMORGAN CHASE BANK, NATIONA -;`rl.;;~~j,~'4Pd~ C ~r~r~-Y, IN THE COURT OF COMMON PLEA AssocIATION ~~;~~S'~' L~r~ ~d c/o 3415 Vision Drive OF Cumberland COUNTY Columbus, OH 43219 Plaintff C[VII, ACTION -LAW vs. SHAWN W. BENNER ACTION OF MORTGAGE FORECLOS DORIS E. LOWERY Mortgagor(s) and Record Owner(s) 1 Meadows Road Cjv~ Q~~" ,~a S , Vr f Newville, PA l 7241 $ Defendant(s) ~Igv~ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following ages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a wr tten appearance personally or by attorney and filing in writing with the court your defenses or objections to t e claims set forth against you. You are warned that if you fail to do so the case may proceed without you nd a judgment may be entered against you by the Court without further notice for any money claim in the Co plaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other righ s important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BEL W. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PRO IDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI IBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas a las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificaci n. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en form escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted n se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notific cion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provis ones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOG O O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LL ME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. a~.~ a I U3 • ~P~ ~ii 718 7S2 ~ ~ ~.~?9 733 _ SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEEIRE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. I CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FR01M YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against yo ,you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 0 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Ho es. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist home wners in default. Please See the PHFA website httn://www.phfa.org,/consumers/homeowners/real.as~x. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.or~Jforeclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff them rtgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or vi email at homeretention(c~kmllawgroup.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/ r package you requested will be mailed to the address that you request or faxed if you leave a message wit that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who an be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 113617F . Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, c/o 3415 Vision Drive, Columbus, OH 43219. 2. The name(s) and address(es) of the Defendant(s) is/are SHAWN W. BENNER, 1 Meadows Road Newville, PA 17241 and DORIS E. LOWERY, 1 Meadows Road, Newville, PA 17241, who is/ e the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On April 13, 2006 mortgagor(s) made, executed and delivered a mortgage upon the Property her 'nafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE OR PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, which mo gage is recorded in the Office of the Recorder of Deeds of Cumberland County on April 13, 2006 as B ok 1946, Page 4009 Instrument # 200612116. The mortgage has been assigned to: JPMORGAN C ASE BANK, NATIONAL ASSOCIATION by assignment of Mortgage recorded on June 04, 2012 as Instrument # 201216537. Plaintiff is the real party in interest pursuant to an Assignment of Mort age to Plaintiff attached as Exhibit C. The Mortgage is a matter of public record and is incorporated by his reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves he Plaintiff from its obligation to attach documents to pleadings if those documents are matters of p blic record. A loan modification agreement dated 12/1/2008 is hereby attached as Exhibit D. 4. The Property subject to the Mortgage is more fully described in the legal description. set forth as xhibit «A» (<`Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and un aid for May O 1, 2011 and each month thereafter and by the terms of the Mortgage, upon default in su h payments for a period of one month or more, the entire principal balance and all interest due and ther charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage as of July 31, 2012: Principal Balance ..........................................................................................$89,386.80 Interest from 04/01/2011 through 07/31/2012 .............................................$7,746.88 Accrued Late Charges ........................................................................................$269.01 Escrow Advance .............................................................................................$2,230.23 Property Inspection ..............................................................................................$98.00 Reasonable Attorney's Fee .............................................................................$1.450.00 $101,180.92 7. If the Mortgage is reinstated prior to a Sheriffls Sale, the Attorney's Fees set forth above may be ess than the amount demanded based on work actually performed. Plaintiff reserves the right to requ st additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, b t not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any o her costs of the action in accordance with the mortgage documents and applicable law. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against th Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the pers nal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Prope pursuant to Pennsylvania law. _ _ _ _ _ i 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such noti e(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting ithin the required time and Plaintiff has no knowledge of any such meeting being requested by the De ndants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer C edit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $101,180. , together with interest, costs, fees and charges collectible under the Note and Mortgage including but not invited to attorney's fees and costs, and for the foreclosure and sale of the mortgage property. By: _ L GROUP, P. . ~ichael McKeever Pa. ID 56129 ?Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Attorneys for Plaintiff I _ i Pennsylvania Verification Jennifer Jordan ,hereby states that he/she is Vice President of JPMor~an 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 falsificatio to authorities. Jenn fer J rdan Vice Pres dent Date: 08/06/12 JPMor~an Chase Bank, N.A Borrower: Benner Property Address: 1 Meadows Rd County: Cumberland Last Four of Loan Number: 7489 _T ~I ~E Z Zt I T GlamberLuid Coup ALL those eertaia two (2) certeum fracas of lead situate m Lower MtBim ownsb~p, tY Pennsylvania, accoxdimgtoasubdivisiompLmpt+cpacedby7olmR.KissiQgerSurvcy~g,cntitlcdS - . . for Edward L. Stutti, dated Sep~+mber 25, 20(10 amd recorded in Ctanberland County Plea Boole 82, Peg 50, bounded and deecn'bcd as follows, to wit: TRACT NO 1: BECxiNNWG at a set railroad spike located m 7'18, known as Meadows Road, at the conger cf Lot I0 the Plain desen'bod hdrein; thence along Lot 10 North 46 degrees 29 urinates 01 seconds east 297.17 fret a act item pin locabod at the career of Lot 1 OA end 11 A; theorx slang Lot i 1 A soutbt 44 deg~mees 25 mien 10 seconds east 320.00 feet to a setraa'lmad spOco kacated in the eenterlwae ofPeansylv8aia Route 997, a kziowa as the Roxbury Road; thence through ~e rxnterline of Pennsylvania Rouse 997, also known Roxbury Rosd south 43 degrees 16 minutes 1A socoads west 95.07 feet ao a point located inn, t]v; ceatal' of rho said roadway, thence coatvluiag tht+oagh the centcfdine of said roadway south 45 degtue 57 min 24 seconds worst 240.18 feel to an existing railroad spike located at the intarscction of Pounsyl~?ania Rou 997, also known as Ra~bury Road sod T-418, also known as Mmdurove Road; thenco tlrrnttgb the said - 418, also lrnown as Meadows road, north 37 degrcoa 46 tninntes 59 aeoonda west 329,14 f i;et b a s railroad spike, the place of BEGINNING. CONTAINII~TQ a total of 2.3ti05 acres, BE1NQ known se Lot 11 of the Subdivision referenced above. TRACT N0.2: BEGINNING at a act railroad spike located is the centerline of Pennsyhraaia Routo 997, also k oowrl as Roxbury Road, at the corns of Let 11; thence along Lot 11 aoxth 44 degrees 25 minutes 10 seconds wo 320.00 feet to a set iron pin. located at tho corner of Lot 11 sad Lot 10; thence along Lot 1tIA north 7 - degrces 19 minutes 20 seconds east 164,10 pct to a point locaiod at lands now or formerly of Richard Piekcn; ~enco along lands ofPiclaen South 46 degrees 2S minutes 38 seconds East 277,33 feat to a t railroad sp>7ce located in ffie centexiine of Pennaytvaaia Route 997, also known as the Roxbury Road; them through the said omaterline south 43 degrocs 16 uvnutee 24 seconds west 10b.50 feet to a set railroad ap the placx of BEGINNIIVG. CONTAINING 0.6942 acres total. BEING known as Lot 11A of the aforementioned Subdivision. Both tracts arc sabjtct to conditions and restrictions es act forth in the aforementioned Subdivision. BfiINQ the same prcmiaea which Richard L. Whirler and Janet S. Whister, husband and wife, by th ' Aced dated February 26, 2002, and recorded in Cutuberlead County, Permsylvania, Ueod B«~~k 250, P 3507, greeted sad conveyed unto Bruce E. Cater and tEethy R t:,aler, husband artd wife. _ _ _ _ _ I ~E Z Zt ~ *Exhibit has been redacted to remove all personally identiftable information or non public information _ _ _ _ _ _ _ ~ e REPRESENTATION OF PRINTED DOCUMENT Chase (FL5-7734) ~H PO BOX 44090 ~IK Jacksonville, FL 32231-4090 July 6, 2011 SHAWN W BENNER 1 MEADOWS RD NEWVILLE PA 17241-9615 Acceleration Warning (Notice of Intent to Foreclose) Account:~7489 (the "Loan") Property Address: 1 MEADOWS RD NEWVILLE, PA 17241 (the "Property") Dear SHAWN W BENNER: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thi i n ffi i 1 ti th t n r h i i f It n th 1 r in ends t forecl se. ifi infor a ' n hen tur of th faul is rovid din the attached pages. h M E ER E Y RT TAN E PR RA HE m 1 h rh xl' rm w i E P 1 A N I THI TI E. Tak thi ti 'th w n m 'th th lin A n Th n r an h n n r f r r 't n A n i 'n r r lit he n f f v u o m 11 th v - p .t impaired hearing can call (717] 780-1869.E This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help ex lain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT Chase (FLS-7734) G~ r~~r PO BOX 44090 j'~ C Jacksonville, FL 32231-4090 July 6, 2011 DORIS E LOWERY 1 MEADOWS RD NEWVILLE PA 17241-9615 Acceleration Warning (Notice of Intent to Foreclose) Account:~7489 (the "Loan") Property A ess: 1 MEADOWS RD NEWVILLE, PA 17241 (the "Property") Dear DORIS E LOWERY: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Thi i an ffi i 1 ti th h n r h i i 1 n t r intends to forecl se. cific inform tin u h nature of the defa I i rovid din the attached.pages. Th M WNE ' EME ENCY M T A E I TAN E R E P ma I h 1 t r Th' In w r o i E n h l t T RE IT - Y THI TI E. Tak thi ti 'th h n t ith th li A n Th n m an h n n r f n r it i 'n r ar lit a h' f o h 11 t 'a a - p impaired hearing can call (717] 780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help ex lain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. INTERNET REPRINT _l REPRESENTATION OF PRINTED DOCUMENT LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFE TA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENH)O DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAM LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): SHAWN W BENNER DORIS E LOWERY PROPERTY ADDRESS: 1 MEADOWS RD NEWVILLE, PA 17241 LOAN ACCT_ NUMBER: _7489 ORIGINAL LENDER: PHILADELPHIA. FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, A PENNSYLVANIA BANKING CURRENT LENDER/SERVICER: JPMorgan Chase Bank, N.A. ("Chase") HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANC PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENC MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE F R EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND Y UR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YO MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY T E PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECL,OSLiRF -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three [3] days for mailing). During that time, you must arrange and attend a "face-to-face" meeting with one of the Consum r Credit Counseling Agencies listed at the end of this Notice. THIRTY-THREE DAYS OF THE DATE OF THI4 NOTICE IF YOU DO NOT APPI Y FOR T A I PART F THI N TI E ALLED "H T RE Y R M RT A E DEFA LT" E LAIN H T BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIE - If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this Notice, the lender may NOT take action against you for thi (30) days after the date of this meeting. The na e e and tel h n tuber of a n 't r in t' It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intenti ns. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set', forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program ("HEMAP"). To do so, you must fill out, sign, and file a completed HEMAP Application with one of the designated Consumer Credit Counseling Agencies listed at the end of this Notice. Only Consumer Credit Counseling Agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the Pennsylvania Housing Finance Agency ("PHFA") and received within thirty (30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE POSTMARK DATE OF THIS NOTICEAND FILE AN APPLICATION WITH THE PHFA WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THE E TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. A_ GENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will b disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION I BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIO PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLL CT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT brin it u to date . NATURE OF THE DEFAULT -The mortgage debt held by the above lender on your Property located at: 1 MEADOWS RD, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS starting OS/O1/11 through 07/06/201 ,and the following amounts are now past due. If you have any questions about the amounts below, please contact us as soon as possible at (800) 848-93 0. Total Monthly Payments Past Due: $2,364.09 Late Charges: $0.00 Insufficient Funds (NSF) Fees: $0.00 Other Fees and Advances*: $80.00 Amount Held in Suspense: $67.97 TOTAL AMOUNT DUE TO CURE DEFAULT: $2,376.12 INTERNET REPRINT i REPRESENTATION OF PRINTED DOCUMENT *Other Fees and Advances include those amounts allowed by your Note and Security Instrument. If you need additional information regarding any of these amounts, please contact us at the number provided below. HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the dat of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,376.12, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)-DAY PERIOD. P nt m t m i t f h i r' k money order or certified check and sent to: Regular Mail: Chase PO BOX 78420 Phoenix, AZ 85062-8420 Overnight Mail: Chase Attention PO Box 78420 1820 East Sky Harbor Circle South Phoenix, AZ 85034-9700 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAY of the date of this Notice, the lender intends to exercise its rights to accelerate the mortg;~ge debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Pro~ert~ IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged Property will be sold by the Sheri f to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include othe reasonable costs. If you cure the default within the THIRTY (30~ DAY period, you will not be re~.liired to ~av attorney fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30)-DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time un to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriffs Sale as specified in writing_by the lender, and by performing any other requirements under the mort~a~e. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a sheriff s sale of the mortgaged Property could be held would be approximately five to six (5-6) months rom the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any 'me exactly what the required payment or action will be by contacting the lender. INTERNET REPRINT _ _ _ _ _ _ _ _ _ _ I REPRESENTATION OF PRINTED DOCUMENT HOW TO CONTACT THE LENDER• Name of Lender: Chase Address: Mail Code OH4-7356 'i 3415 Vision Drive Columbus, OH 43219-6009 ~I Phone Number: (800) 848-9380 Fax Number: (614) 422-7912 Contact Person: Justin Powell-Wilburn E-Mail Address: Justin.L.Powell-Wilburn@chase.com EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged Property and your right to occupy it. If you continue to live in the Property after the sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage ar satisfied. To determine eligibility, you must contact our office to verify the assumability of your Prope YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEB . • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT H D OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGH TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDIN OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION Y THE LENDER.. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Chase (800)848-9380 (800) 582-0542 TDD /Text Telephone www.chase.com Enclosures - Federal Trade Commission Pamphlet - HEMAP Consumer Credit Counseling Agencies INTERNET REPRINT _ _ I : REPRESENTATION OF PRINTED DOCUMENT CERTIFIED MAIL: Return Receipt Requested and First Class Mail An important reminder for all our customers: As stated in the "Questions and Answers for Borrow~rs about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling r modification of a delinquent loan, especially if they require a fee in advance." Loan modification sc ms should be reported to PreventLoanScams.org, or by calling (888) 995- HOPE. Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 848-9380 to discuss your options. The longer you delay the fewer options you may have. We are a debt collector. BR860 INTERNET REPRINT _ _ REPRESENTATION OF PRINTED DOCUMENT HUD COUNSELING AGENCIES -PENNSYLVANIA AGENCIES PHONE ADDRESS CITY ZIP C DE CCCS of Western PA 888-511-2227 524 Franklin Avenue Ali ui a 1500 Housin O ortunities of Beaver Coun 724-728-7511 320 Cone a Avenue Unit 1 Beaver 1500 Housin O ortunities of Beaver County, Inc. 724-728-7511 282 East End Avenue Beaver 1501 Mon Valle Initiative 412~64~000 303-305 E 8th Avenue _ Homestead _ 1512 CCCS of Western PA 888-511-2227 2403 Sidney Street River Pittsburgh 1520 Park Commons Action-Housin Inc. 412-281-2102 425 6th Avenue -Suite 950 Pittsbur h____ 1521 Neighborworks Western PA, formerly Neighborhood 412-281-9773 710 5th Avenue -Suite 1000 Pittsburgh 1521 Housing Services, Inc. PA Housin Finance A enc 412-429-2842 2275 Swallow Hill Road Bld 200 Pittsburgh _ 1522 Three Rivers Center for Inde endent Livin 412-371-7700 900 Rebecca Avenue Pittsburgh 1522 Fair Housin Partnershi of Greater Pittsbu h Inc. 412-391-2535 2840 Libe Avenue -Suite 205 Pittsbur h 1522 Urban Lea ue of Greater Pittsbu h _ 412-227-4163 610 Wood Street _ Pittsbur h 1522 Garfield Jubilee Associates 41265-5200 5138 Penn Avenue _ Pittsburgh _ 1522 Nazareth Housin Services 412-931-6996 301 Bellevue Road Pittsbur h_ 1522 _ CCCS of Western PA _ _ 888-511-2227 41 E Chestnut Street Washington 1530 Commun" Action Southwest _ 724-255-9550 150 W Beau StreetSuite 304 Washington _ 1530 Southwestern PA Le of Services Inc 800-846-0871 10 W Che Avenue Central Office Washin ton 1530 Southwestern PA Le al Services Inc. 800-846-0871 63 S Washin ton Street Wa nesbur~c , 1537 Fa efts Coun Communi Action A enc 724~137~050 140 N Beeson Avenue _ Uniontown_ 1540 Southwestern PA Legal Services, Inc 800-846-0871 132 E Catherine Street Somerset _ 1550 CCCS of Western PA _ 888-511-2227 1 North ate Square Greensbur _ 1560 Westmoreland Community Action 724-834-1260 226 S Ma le Avenue Greensburg 1560 Indiana Coun Communi Action Pro ram Inc. 724-465-2657 827 Water Street P.O. Box 187 Indiana 1570 The NORCAM Grou _ 814-948-4444 4200 Crawford Avenue Suite 200 Northern Cambria 1571 Northern Tier Communi Action Co oration 814-486-1161 135 W 4th Street Em oriu_m_ _ 1583 CCCS of Western PA 888-511-2227 112 Hol ood Drive -Suite 101 Butler 1600 Housin Autho ' of Butler Coun 724-287-6797 114 Wood Drive Butler 1600 Lawrence Coun Social Services, Inc. 724-658-7258 241 W Grant Street P.O. Box 189 New Castle _ _ 1610 Shenan o Valle Urban_ League 724-981-5310 601 Indiana Avenue _ Farcell__ _ 1612 CCCS of the Midwest 800-355-2227 734 Stambau h Avenue Sharon 1614 Commun' Action Partnershi of Mercer Coun 724-342-6222 75 S Dodc Street Sharon 1614 Armstron Coun Communi Action Agency 724-548-3405 124 Arcnsdale Road -Suite 211 Kittanning_ 1620 CCCS of Western PA 888-511-2227 312 Chestnut Street -Suite 227 _ Meadville 1633 Center for Fami Services Inc. 814-337-8450 213 W Center Street Meadville__ 1633 Warren Forest Counties EOC 814-726-2400 1209 Pennsylvania Avenue W Warren 1636 P.O. Bax 547 Greater Erie Communi Action A enc 81459-4581 18 W 9th Street Erie_ _ 1650 Booker T. Washin ton _ 814-453-5744 1720 Holland Street Erie _ 1650 Saint rvlartin Center Inc. _ 814-452-6113 1701 Parade Street _Erie _ 1650 Voices for Inde ndence _ 814-874-0064 1107 Pa ne Avenue _ Erie 1650 Ba nt Nato Inc. _ _ _ 81459-2761 312 Chestnut Street _Erie _ 1650 CCCS of Western PA _ 888-511-2227 4402 Peach Street Erie 1650 Blair County Community Action Agency 814-946-3651 2100 6th Avenue -Suite 102 Altoona 1660 P.O. Box 1833 CCCS of Western PA 888-511-2227 917 A Logan Boulevard Altoona 1660 Royal/Remax Plaza CCCS of Northeastern PA 814-238-3668 202 W Hamilton Avenue _ State Colle a 1680 The Trehab Center of Northeastern PA 570-724-5252 144 E East Avenue Wellsboro 1690 Penns Ivania Housin Finance A enc 717-780-3907 211 N Front Street Hanisburg__ 17101 CCCS of Western PA 888-511-2227 2000 Lin lestown Road Harrisbu _ 1711 Fair Housin Council of the Ca ital Re ion Inc. 717-238-9540 2100 N 6th Street Harrisbur 1711 Loveshi Inc._ _ 717-232-2207 2320 N 5th Street _ Harrisbur _ 1711 PHFA _ _ 717-780-3940 211 N Front Street Harrisbu _ 1711 Maranatha _ 717-762-3285 43 Philadel hia Avenue Wa nesboro _ 1726 CCCS of Western PA 888-511-2227 55 Clover Hill Road _ Dallastown 1731 Adams County Interfaith Housing Authority 717-334-1518 40 E High Street Gettysburg 1732 INTERNET REPRINT _ _ I _ REPRESENTATION OF PRINTED DOCUMENT American Red Cross -Hanover Chapter 717-637-3768 529 Carlisle Street Hanover _ 1731 Housin Alliance of York _ _ 717-854-1541 35 S Duke Street York 174 1 O ortun' ,Inc 717-424-3645 301 E Market Street _ York__ 174 3 SACA Development Corp. _ _ _ 717-399-4292 453 S Lime Street Suite B Lancaster _ 176 2 Base, Inc. _ 717-392-5467 447 S Prince Street Lancaster 176 3 Tabor Communi Services, Inc. 717-397-5182 308 E King Street _ Lancaster _ 176 CCCS of Northeastern PA____ _ 570-323-6627 201 Basin Street -Suite 600 Williamsport _ 177 1 Lycoming-Clinton Counties Commission for 570-326-0587 2138 Lincoln Street P.O. Box 3568 Williamsport 177 Community Action CCCS of Northeastern PA _ _ _ 800-922-9537 217 S Center Street Sunbury 178 1 CCCS of Northeastem PA _ 800-922-9537 702 Sawmill Road _ Bloomsbur _ 1781 Schu Ikill Commun' Action _ 570-622-1995 225 N Centre Street _ Pottsville 1790 Communi Action Committee of Lehi h Valle ,Inc. 610-691-5620 1337E 5th Street Bethlehem _ 1801 EI Shaddai Bethlehem Ministries _ 610-625-3500 529 E Broad Street Bethlehe_m___ 1801 CCCS of Lehi h Valle , A Division of MM_I 800-220-2733 306 Spring Garden Street _ _ Easton 1804 CCCS of Lehigh Valley, A Division of MMI 800-220-2733 3671 Crescent Court E_ Whitehall _ _ 1805 Alliance for Buildin Communities 610-439-7007 830 Hamilton Mall Allentown_ _ 1810 Nei hbofiood Housing Services of the Lehi h Valle 610-437-4571 239 N 10th Street Allentown _ 1810 Catholic Charities Diocese of Allentown 610-435-1541 530 Union Boulevard Allentown _ _ 1810 CCCS of Northeastern_PA______ 800-922-9537 81 S Church Street Hazleton _ 1820 Op ortunity, Inc. 570-236-7642 West End Plaza Unit No. 10 _ _ Brodheadsville_ 1832 CCCS of Northeastem PA _ 570-420-8980 411 Main Street -Suite 102 _ Stroudsburg _ 1836 CCCS of Northeastern PA 800-922-9537 232 Sunrise Avenue Route 191 Honesdale 1843 The Trehab Center of Northeastem PA 570-253-8941 1225 Main Street Honesdale 1843 Catholic Social Services Catholic Social Services, Diocese of Scranton 570-207-2283 516 Fig Street _ Scranton _ 1850 United Nei hbofiood Centers of Northeastem PA 570-346-0759 425 Alder Street _ _ _ _ Scranton ' 1850 Neighbofiood Housing Services of Lackawanna 570-558-2490 709 E Market Street Scranton 1850 County - - Opportunity, Inc. 570-236-7642 Aharts Plaza/Key Real Estate Blakeslee 1861 Route 15 8 940 _ _ The Trehab Center of Northeastern PA 570-928-9667 German Street P.O. Box 389 Dushore 1861 American Credit Counseling Institute 888-468-8847 212 Berwick-Hazefton Highway Nescopeck 1863 CCCS of Northeastem PA 570-602-2227 401 Laurel Street Pittston 1864 The Trehab Center of Northeastern PA 570-836-6840 115 SR 92S Tunkhannock 1865 CCCS of Northeastem PA 570-821-0837 77 E Market Street, 7th Floor Wilkes Barre 1870 Commission on Economic Opportunity of Luzeme 570-826-0510 165 Amber Lane P.O. Box 1127 Wilkes Barre 1870 County The Trehab Center of Northeastern PA 570-278-5227 10 Public Avenue Montrose 1880 The Trehab Center of Northeastem PA 570-888-0412 703 S Elmer Avenue Suite M.6 Sayre 1884 Bucks County Housing Group 215-598-3566 2324 2nd Street Pike -Suite 17 Wrightstawn 1894 CCCS of Lehigh Valley, A Division of MMI 800-220-2733 127 S 5th Street Quakertown 1895 Credit Counseling Center 215-396-1880 832 2nd Street Pike 1895 American Credit Counseling Institute 215-444-9429 530 W Street Road -Suite 201 Warminster 1897 Opportunity, Inc. 610-660-6687 Two Bala Plaza Suite 300 Philadelphia 1900 CCCS of the Delaware Valley 215-563-5665 1230 New Rogers Road -Suite F1 Bristol 1900 American Red Cross of Chester 610-874-1484 1729 Edgemont Avenue Chester 1901 CCCS of the Delaware Valley 215-566-5335 130E 7th Street Chester 1901 American Financial Counseling Services 267-228-7903 871 N Easton Road Glenside 1903 CCCS of the Delaware Valley _ 800-989-2227 261 Oki York Road Pavilion Suite 401 Jenkintown 1904 CCCS of the Delaware Valley 215-563-5665 280 N Providence Road Media 1906 Media Fellowship House _ 610-565-0434 302 S Jackson Media 1906 CCCS of the Delaware Valley 215-566-5335 240 N Bishop Street Springfield 1906 American Credit Alliance 215-295-7195 2 S Delmorr Avenue Morrisville 1906 Advocates for Financial Independence 215-389-2810 202 E Hinkley Avenue Ridley Park 1907 American Credit Counseling Institute 610-971-2210 175 Strafford Avenue -Suite 1 Wayne 1908 Housing Association of Delaware Valley 215-545-6010 1500 Walnut Street Suite 601 Philadelphia 1910 Unemployment Information Center 215-557-0822 112 N Broad Street 11th Floor Philadelphia 1910 CCCS of the Delaware Valley 215-563-5665 1608 Walnut Street 10th Floor Philadelphia 1910 PA Council For Community Advancement 215-567-7803 100 N 17th Street Suite 600 Philadelphia 1910 Philadelphia Council for Community Advancement 215-567-7803 1617 JFK Boulevard -Suite 1550 Philadelphia 1910 Urban League of PA 215-985-3220 1818 Market Street 20th Floor Philadelphia 1910 Intercultural Family Services, Inc. 215-386-1298 4225 Chestnut Street Philadelphia 1910 INTERNET REPRINT - _ I - REPRESENTATION OF PRINTED DOCUMENT The Partnership CDC___ _ _ 215-662-1612 4027 Market Street _ _ Philadelphia 19104 Libe Resources _ 215-634-2000 714 Market Street Suite 100 Philadel hia _ 1910 CCCS of the Delaware Valley _ 215-563-5665 901 A Wood Street Philadelphia 1910 Philadelphia NHS 215-988-9879 121 N Broad Street #502 Philadelphia 1910 Urban Lea ue of PA _ 215-985-3220 121 S Broad Street 9th FI_o_o_ r_ _ Philadelphia _ 1910 American Financial Counseling Services 267-228-7903 1917 Welsh Road _ Philadelphia _ 1911 Mt Airy, USA _ 215-844-6021 6703 Germantown Avenue -Suite 20_0 Philadelphia _ 1911 Korean Community Development Services Center 215-276-8830 6053-55 N 5th Street _ _ Philadel hia _ 1912 APM _ 215-235-6788 2147 N 6th Street Philadelphia _ 1912 Association De Puertorriquenos En Marcha 215-235-6070 600 W Diamond Street Philadelphia _ _ 1912 Housing Association of Delaware Valley _ 215-978-0224 1528 Walnut Street Philadel hia _ 1912 NACA Philadelphia, PA _ 215-531-5221 1341 N Delaware Avenue -Suite 312 Philadelphia _ 1912 New Kensin ton Communi Develo ment Corp. 215-d27-0350 2515 Frankford Avenue _ Philadelphia 1912 Carroll Park Commun" Council, Inc. 215-877-1157 5218 Master Street Philadelphia 1913 Hispanic Alliance for Communi Advancement _ 21567-8932 2740 N Front Street Philadelphia 1913 CCCS of the Delaware Valle 800-989-2227 7340 Jackson Street _ _ _ Philadelphia _ 1913 West Oak Lane Community Development _ 215-224-0880 7300-02 O ontz Avenue _ Philadelphia _ 1913 CCCS of the Delaware Valle 215-566-5335 4400 N Reese Street _ Philadelphia _ 1914 His nic Association of Contractors and Enterprises 215-426-8025 167 W Alle he~Avenue, Suite 200 Philadelphia 1914 - - Nueva Es ranza 215-324-0746 4261 N 5th Street Philadelphia 1914 - - FOB CDC _ 215-549-8755 1201 W Olne Avenue Philadelphia _ 1914 Northwest Counselin Service _ 215-324-7500 5001 N Broad Street Philadelphia 1914 West Oak Lane 215-224-0880 6259 Limekiln Pike _ Philadelphia 1914 Southwest Community Development Corp. 215-729-0800 6328 Paschall Avenue Philadelphia _ 1914 Germantown Settlement _ _ 215-849-3104 5538 Wa ne Avenue Building C_ Philadelphia _ 1914 Advocates for Financial Independence 215-389-2810 1806 S Broad Street -Suite 1 B Philadelphia _ 1914 Esperanza _ 215-336-3511 1920 S 20th Street _ Philadelphia _ 1914 South PA H.O.M.E.S. 215-334-4430 1444 Point Breeze_ Avenue Philadelphia 1914 Universal Companies 215-732-6518 800 S 15th Street _ _ Philadelphia 1914 Philadel hia Senior Center _ _ 215-546-5879 509 S Broad Street Philadel hia _ 1914 United Communities Southeast PA _ 215-467-8700 2029 S 8th Street _ Philadel hia 1914 American Credit_Counseling Institute _ 888-212-6741 _ 229 E Chestnut Street 1st Floor _ Coatesville _ 1932 CCCS of the Delaware Valle 215-563-5665 1001 E Lincoln Highway Suite Coatesville _ 1932 Housin Partnershi of Chester County 610-518-1522 41 W Lancaster Avenue _ Downin town 1933 Alliance for Better Housin ,Inc. 610-925-1880 648 Buena Vista Drive _ Kennett Square _ 1934 American Credit Counselin Instkute 888-212-6741 21 S Church Street _ West Chester _ 1938 CCCS of the Delaware Valley 800-989-2227 790 E Market Street -Suite 1_70 West Chester _ 1938 American Credit Counseling Institute _ 601-971-2210 526-528 Dekalb Street Norristown 1940 CCCS of the Delaware Valley 215-563-5665 113 E Main Street - 2nd Floor Norristown__ 1940 Consumer Credit Counseling Service of Delaware 610-272-0578 190 Germantown Pike, Suite 140 Norristown__ 1940 Genesis Housin Corp. 610-275-4357 208 Deltalb Street P.O. Box 1170 Norristown _ 1940 American Financial Counseling Services 267-228-7903 405 W Gemtantown Pike _ Norristown_ 1940 CCCS of the Delaware Valle 800.989-2227 1777 Sentry Padcway West _ Blue Bell _ _ 1942 American Financial Counselin Services 267-228-7903 2880 Berge Road -Suite 4 _ Hatfield 1944 American Credit Counselin Instkute 888-212-6741 937 N Hanover Street Pottstown 1946 CCCS of Lehi h Valle , A Division of MMI 800-220-2733 1954 E High Street_ _ Pottstown_ 194 PA Interfaith Commun' Pro rams, In_c. 610-562-2288 22 Willow Road _ Hambur~_ 1952 Bud et Counselin Center 610-375-7866 247 N 5th Street Reading _ 1960 Nei hborhood Housin Services of Readin ,Inc. 610-372-8433 213 N 5th Street -Suite 1030 Reading 19601 American Financial Counseling Services 267-228-7903 906 Penn Avenue Wyomissing 1961 Rev. 10/09 FM646 INTERNET REPRINT ~ I III ~E Z Zt *Exhibit has been redacted to remove all personally identifiable information or non public information ~ _ r ROBERT P. ZIEGLER RECORDER OF DEEDS ~ CUMBERLAND COUNTY ~ 1 COURTHOUSE SQUARE ' ' ~ aK _Q CARLISLE, PA 17013 717-240-6370 ' ' Instrument Number - 201216537 Recorded On 6/4/x012 At 11:44:45 AM * Total Fages - 3 * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number -109748 User ID - MSW * Mortgagor - BENNER, SHAWN W * Mortgagee - JPMORGAN CHASE BANK N A * Customer -NATIONWIDE TITLE CLEARING * FEES sTATE WRIT TAx $o .5o Certification Page STATE JCS/ACCESS TO $23.50 JusTICE DO NOT DETACH RECORDING FEES - $12.00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $51.00 I Certify this to be recorded in Cumberland County PA f cet o d . ° RECORDER O * -Information denoted by an asterisk may change during the verifcation process and may not be reflected on this page. IIIIINNIIII~III~ _ _ r _ , ~ b 3 `F A ~ « f Prepared By /Return To: E.Lance/1VTC, 2100 A1t.19 North, Palm Harbor, FL 34683 (800),346-9152 .`:Loan 489 i NSC Tax CodelPIN: 15-05-0411-030 I ICI ~ III ~N 111 ~NI 1111 I II I ASSIGNMENT OF MORTGAGE Contact JPMORGAN CHASE BANK, N.A. for this instrument 780 Kansas Lane, Snite A, Monroe, LA 71203, telephone # (866) 756.8747, which is responsible for receiving payments. FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereb ackngwledged, the undersigned, MORTGAGE ELECTRONIC REGbSTRATION SYSTEMS, INC. ASS NO FOR PHILADELPHIA FINANCIAL MORTGAGE, A DIVISION OF LEESPORT BANK ITS S~CESSORS AND ASSIGNS (MERS Address: 1901 E Voorhees Street, Saite C, Danville, II. 61>~34) by these presents does convey, grant, sell, assign, transfer and set over the described Mortgage therein to ether with all interest secured thereby, all liens, and any rights due or to become due thereon to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000, MONROE, LA 71203 (866)756-8747, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE). Said Mortgage is dated 04/1312006, in the amount of $83,128.00, made by SHAWN W. BENNER AND DORIS E. LOWERY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,IIVC., recorded on 10/0312008, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Book 1946, Page 4009, and/or Document # 200833415. Modification: DT 08/012007 REC DT 11/13/2007 INSTR 200742631. Property is cow?mmonly known as: 1 MEADOWS ROAD TWP. OF LOWER MIFFLIN, NEWVII.LE, PA 17241. Dated on y~ /012 (NIlVi/DD/YYYY) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE, A DIVISION OF LEESPORT BANK, ITS SUCCESSORS AND ASSIGNS By: VICE PRESIDENT 7PCAS 16449025 -CHASE CJ3779033 N4 M1N 100129200123060881 HERS PHONE 1-888-679-HERS FRMPA 1 16449025 _ _ _ _ T _ ~ r Y Loan #:489 STATE OF LOUISIANA PART~H_ O'F O CHITA Befor n~~_ /~12 (MM/DD/YYYY), personally appeared f r °~ll as VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATIONS STEMS, INC. AS NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE, A DIVISION OF LEESPORT BANK, ITS SUCCESSORS AND ASSIGNS, who being authorized to do so, executed the foregoing instrument for the purposes therein contained by his/her/their free act and deed. He/shelthey is (are) personally known to me. y / Q_ ~ HELFSI P. TUBLiS, NOTARY PUBLIC Le~~ MOREHOUSE, LOUISIANA :e.e1 / 4 LIFETIME COMMtSSiON Notary Public -State of LOUISIANA NOTARY lD # 40392 Commission expires: Upon My Death Assignment of Mortgage from: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE, A DNISION OF LEESPORT BANK ITS SUCCESSORS AND ASSIGNS {HERS Address: 1901 E Voorhees Street, Snite C, Danville, II.6183) to: _ _ MC 5000, ONROEEL 71203 (867 6-8747,, I'I'SCSUCICESSORSOOR ASSIGN (ASSIGNEE)SAS LANE, Mortgagor. SHAWN W. BENNER AND DORLS E. LOWERY When Recorded Return To: JPMorgan Chase Bank, NA C/O NTC 2100 Alt. 19 North Palm Harbor, FI.34683 All that certain lot or piece of ground situated in Mortgage Premise: 1 MEADOWS ROAD TWP. OF LOWER h~IIFFLIN NEVWII.LE, PA 17241 CUMBERLAND (Borough or Townshi i/f stated), Commonwealth of Pennsylvania. Bein more particularly described iun said mortgage. ~ ~ 1/f5~v~, r//Ul~ . , do certify that ttte precise address of the within named assignee is: 7PMORGAN CHASE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000, MONROE, LA 71203 (866)756-8747, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE) c By: VICE PRESIDEi IT *164490?,5* JPCAS 16449025 -CHASE CJ3779033 N4 MIN 100129200123060881 MFRS PHONE I-888-679-HERS FRMPAI I * ~~I~~ 16449025 r i ~ Z Zt 1~ *Exhibit has been redacted to remove all personally identifiable information or non public information I After Recording Return To: Chase Home Finance, LLC 3415 Vision Drive Columbus, Ohio 43219 (Space above for Recording Data) Parcel Number. Loan Number. 17489 MODIFICATION AGREEMENT This Modification Agreement ("Agreement"), is entered into by Shawn W. Benner and Doris E. Lowery ("Borrower", whether one or more) in favor of Chase Home Finance LLC, successor by merger to Chase Manhattan Mortgage Corporation (which, together with arty other subsequent holder or owner of the Loan is hereinafter referred to as "Lender") and modifies the promissory note or credit agreement ("Note") dated April 13, 2006, executed by $orrower in favor of Lender. The Note evidences the indebtedness (the "Loan") owed by Borrower to Lender, in the anginal principal amount of $$3,128.00, including any subsequent written extensions, renewals, or modifications thereto. The Note is secured by a MortgageJDeed of Trust or similar security instrument (the "Mortgage") dated and filed for record under Book VoI. Liber Page Document No. ,Date Recorded, , in the Office of the County Clerk/Real Property Records/Recorder of Deeds of Cumberland County, Pennsylvania. The Mortgage creates a lien or security interest in certain real property described therein and which address is 1 Meadows Rd, i~lewville, PA 17241 (the "Property"). The Note, Mortgage, and arty other documents evidencing or securing the Loan are hereinafter refen~ed to as the "Loan Documerrts." Borrower and Lender have agreed to certain amendments to the Loan Documents, to be effective on December 1, 2008 (the "Effective Date") notwithstanding the date of execution of this Agreement by the Borrower. For goad and valuable consideration, including the mutual promises and agreements contained in this Agreement, Borrower and Lender agree that as of the Effective Date the Loan and Loan Docurrterrts are modified as follows: The unpaid principal balance of the Loan is $92,560.97, which includes the amount of 57,783.26 in deferred fees, interest and other charges, which has been capitalized and added to the principal balance evidenced by the Note and secured by the Mortgage, and which Borrower hereby renews and extends and promises to jointly and severally pay to the order of the Lender, together with interest and all other amounts due and payable under the Loan Documents. Page 1 of 4 i ' ~'he maturity date of the Note and other Loan Documents is May 1, 2036. 'The interest rate on the Note will be charged at the rates specified as follows: The annual rate of 6.500% for the period from November 1, 2008 to the maturity date of the loan. Bonnwer will make monthly payments of principal and interest on the Note as follows: Monthly payments of 5602.75 beginning on December 1, 2008, and continuing through and including the maturity date of the loan. All payments will be made to the following address, or such other address as Lender may direct in writing: Chase Home Finance LLC 3415 Vision Drive Columbus, Ohio 43219 If this Agreement arises out of a separate letter agreement between Lender and Borrower with respect to the modified terms of the Loan, such letter agreement expressly survives execution, delivery and recording of this Agreement. Except as expressly modified by the terms and provisions of this Agreement, each and every term and provision of the Note, Mortgage and arty other documents governing, evidencing, security or pertaining to the Loan are hereby ratified and confirmed and shall remain in MI force and effect. Upon request of Lender, Borrower agrees to execute or procure and deliver to Lender such other and further documents and instruments as shall be reasonably requested by lender to better evidence and perfect the modification transaction contemplated by this Agreement, including, but not limited to, such actions as shall be necessary (a) to record this Agreement and arty related instrument, document or agreement; (b) to cause an insurer satisfactory to Lender to issue a mortgagee policy of title insurance, or endorsement thereto, with respect to the lien of the Mortgage in form satisfactory to Lender, and (c) to satisfy appraisal, flood, insurance and other legal requiremerds under the terms of the Note and Mortgage and applicable law and/or in accordance with Lender's policies and procedures. Any individual who signs this Agreement a5 Borrower but has not previously executed the Note is executing this Agreement only to mortgage, punt and convey such person's interest in the Property under the terms of this Agreement and the Mortgage. [Signatures continue on following pages] Page 2 of 4 i ~ , i i BORROWER: BY SIGNING BELOW, Borrower accepts, acknowledges, and agrees to the terms, conditions. and covenants contained herein. S;g we vale Siputym Datc • Shawn W. Benner Doris E. Lowery '/t C~.l/ w;o~cu w;mas ACKNOWLEDGEMENT(S) OF BORROWERS: STATE OF COUNTY OF r1? ~ Before me, a Notary Public, in and for said County, personally appeared the above named who, being personally known to me acknowledged that he/she did sign the foregoing instrument, and that the same is his/her fire act and deed. In T moray Wher~ i; I ~~ve hereurut subscribed m name d affixed my office seal at ~D~PII~~• /f~I1.Y;~$this ~ day of ~ , 20 '~a . Notary Public ~..r~ My commission expires: ~ ~j~ Lti11 AA p~tllERT Notary'nbNe NEWVILLE 1080.. CWYNI~LAMD My Commlalan i. ZOIZ Page 3 of 4 - • ~I I ' LENDER: Chase Home Finance LLC, successor by merger to Chase Manhattan Mortgage Corporatian By: 1~~~-- . Maritza Nieto, Assists t Vice President ACKNOWLEDGEMENT(S~ OF LENDER: STATE OF ~ ~ ~O COUNTY OF t'y'a o, l ~ f ~ Before me, a Notary Public, in and for said County, personally appeared the above named Maritza Nieto, Assistant Vice President of the Lender identified in this Agreement, who, being personally known to me acknowledged that he/she did sign the foregoing instrument for and on behalf of such Lender, and that the same is his/her free act and deed. In Testimony Whereof, T have hereunto subscribed my name and affixed my official seal at C a~ u,a~ b o 3 O ti e o - ,this Z t sf day of A- a v~ l 20_~. ~'jdAL ~}8flflJ(P fl ~ ' ~ ~ tary Public ~~~11.042pf0 My commission expires: Page 4 of 4 ' ,BORROWER: ~ BY SIGNING BELOW, Borrower accepts, acknowledges, and agrees to the terms, conditions, and covenants contained herein. s ~ S;~ om Shawn W. Benner Doris E. Lowery wimrn w~ ACKNOWLEDGEMENT(S) OF BORROWERS: STATE OF COUNTY OF Before me, a Notary Public, in and for said County, personally appeared the above named who, being personally known to me acknowledged that he/she did sign the foregoing instrument, and that the same is hisJher free act and deed. i Testi y ereof, I have hereu tg subscribed name and affixed my offici seal at this day of ~ ~2 , 20~~ . I ~wt/1 ~ r ~,~pU1RlAl 11tH. My commission expires: l1tA A 011 hlblk tiotaN ~yyy1LLE pRO.~ Ct1M6. Zpi~ MY Cotn4Mglon lE>~lM 1ybM Pale 3 of 4 e r ' ' • F..ENDER: Chase Home )Finance LLC, successor by merger to Chase Manhattan Mortgage Corporation By: Maritza Nieto, Assistant Vice President ACKNOWLEDGEMENT(S) OF LENDER: STATE OF COUNTY OF Before me, a Notary Public, in and for said County, personally appeared the above named Maritza Nieto, Assistant Vice President of the Lender identified in this Agreement, who, being personally known to me acknowledged that he/she did sign the foregoing instrument for and on behalf of such Lender, and that the same is liis?her free act and deed. In Testimony Whereof, I have hereunto subscribed my name and affixed my official seal at ,this day of ~ 20 Notary Public My commission expires: Page 4 of 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c ° ~ , JPMORGAN CHASE BANK, NATIONAL ~ a ~ ~ ASSOCIATION ~ Plaintiff Case No. So7S ~ ter-' N c~ o -~r-c SHAWN W. BENNER zp ~ ~cm, DORIS E. LOWERY D Defendant(s) ~ ~ NOTICE OF RESIDENTIAL MORTGAGE FORECLOSU DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. [f you own and live in the residential property which is the subject of this foreclosure action, you ay be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your len er. If you do not have a lawyer, you must take the following steps to be eligible for a conciliatio conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promp ly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you ust provide the legal representative with all requested financial information so that a loan resolution proposal an be prepared on your behalf. If you and your legal representative complete a financial worksheet in the forma attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. I you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of y ur lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit p oceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be ligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointor nt of a legal representative. However, you must provide your lawyer with all requested fmancial information sot at a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial workshe t in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the ourt, which must be filed 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 le der in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit procee s forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE TEPS REQUIRED BY THI5 NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: (Signa ' e of unsel for Plainti vj1~z Date _ _ _ i Cumberland County Residential Mortgage Foreclosure Diversion Pragrram Financial WorksEleeE Date j Cumberland County Court of Common Pleas Docket BORROWER REQUES'T' FpR HARDSITYP ASSISTANCE 'i`o complete•your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the fallowing information to the best of your knawledgec Borrower name(s): Property Address: City: State:_. Zip:...... !s the property far sale? Yes ~ No ? Listing date: Price: $ Realtor Name:. Realtor Phone: Borrower Occupitd? Yes „_J Na Mailing Address (if different): City: State' Zip: Phone Numbers: Home: Offtce: Cell: pther~ _ Email: ofpeople in household: How long? Mailing Address; City: State: Zip: Phone Numbers: Home: office: _ Cell: Other: Email; # of people in household: How lung? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Yaur I1oan: Second Mortgage Lender: Type of Loan: Loan Number. Total Mortgage Payments Amount: $ Included Taxes & l,asurance: Date of Last Payment: t?rimary, Reason for Default: is the loan in Baiilcruptcy? 'Yes ? Na if yes, provide names, location of court, case nur~nber & attorney; - - - I i Assets Amount Owed: Value: I-Iamc: $ $ Other Real Estate: $ Retirement Funds: S S Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Autornabilc #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount awed• Value; Other trans}wrtatian (ttutomobiles,,boots. motorcycles~, Model: Year. Amount owed: Value Monthly Income Name of .Employers: f. ? ~ - - - Additional Income Description (nest wages}: 1. monthly amount: 2. monthly amauat: Borrower Pay Days: Co-Harrower Fay Days: Monthly Expenses: (Please only include expenses you are currently paying} EXPENSE AMOUNT EXPENSE A.1VlOUNT Mo Food 2 M Utilities - Car Pa ens Cando/Nei .Fees Auto Insurance Med.. not covued Auto fvcl/re irs 4t}Eer ro , a went Install. Loan Pe ment Cables TV Child Su rt/Aiirn. S din More Da JChild Care/Tuet, ether Ex nscs Amount Available for Monthly Mortgage Payments Based on Tncotne & Expenses: Have you been working with a Housing Counseling Agency? 'Y'es No ? Tf yes, please provide the following information: Counseling Agency: Couciselor: ..Phone (Office): Eax: )<n~ai l Have you. made application for Homeowners Emergency Mlartgage Assistance Program (I-bEMAI'} assistance? Yes No If yes, please indicate the status of the application: Have you had any prior negotiations with your tender or bender's loan servicing company to resolve your delinquency? Yes ? N'a If yes, please indicate the status of those negatiadons: Please provide the following information, if krtaw, regarding your lender or lender's loan servicing company: Lender's Contact (Name}: _ Phone: Servicing Company (Name): Contact: Phone.: T/We, ,authorize the above named to uselrefer this information to my lenderlservicer far the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe amlare under no obligation to use the services provided by the above named Borrower Signature Date Ca-Borrower Signature Date Please forward this document along with the following information to lender sad lend~etr's counsel: ~Y Proof of income _~V Pant 2 bank statements Y Proof of arty expected income for the last ~5 days Copy of a current utility bill Letter explaining reason for deliuquency and any supporting documentation (hardship letter} V Listing agreement (if property is currently on the ~rtarket) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ut ?t?u?- 1(J(t? ? t _ ) Ht PRi t HONG - rj Jody S Smith Chief Deputy 2912 SEP _b QM 10: 13 Richard W Stewart Solicitor CUMBERLAND COUNTY PERNSYMNI.A JP Morgan Chased Bank, NA Case Number vs. Shawn W. Bennet (et al.) 2012-5259 SHERIFF'S RETURN OF SERVICE 08/27/2012 06:061 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2012 at 1806 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notici0 of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Shawo W. Benner, by making known unto Doris E. Lowery, adult in charge at 1 Meadows Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. $HKIV'11111% %111111' SHALL, DEPUTY 08/27/2012 06:061 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2012 at 1806 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Doris E. Lowery, by making known unto herself personally, at 1 Meadows Road, Newville, Cumberland Coun y, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. UTSH , PUN SHERIFF COST: $56.00 August 28, 2012 SO ANSWERS, (5Z WON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. WRIT OF EXECUTION and/o-• ATTACHMENT COMMONWEALTH OF I'ENNSYL'dANtA) COUN"fY OF CUMBERLAND) NO. 12-5259 Civil CIVIL ACTION - LA'W TO Tl-lE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff (s) From SHAWN W. BENNER, DORIS E. LOWERY (() You are directed to levy upon the property of the defendant (s)and to sell SEE LECaAL DESCRIPTION . (") y"au 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 fi•om paving any debt to or for the account of the defendant (s) and from delivering any property of t:}~ie defendant (s) or otherwise disposing thereof; (=) 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 helshe has been added as a garnishee and is enjoined as above stated. 4mount Due: $102,291.82 L.L.:.50 Interest FROM 10/10/2012 TO DATE', OF SALE PER D[EM AT $15,87 Atry's Cumm: °io Due Prothy: $2.25 Atty Paid: $207.25 Other Costs: Plaintiff Paid: Date: 10/12/12 ^~ ~''` 1~~ ~-/ i David D. Buell, Prothonotary (Seal} ~~ ~ Deputy RF,QUEST[NG PAR"]'Y: Name:.NIi~L P. JENKINS, ESQUIRE Address: KML LAW CROUP, P.C. SUITE 5000 - BNY INDEPENDENCE CENTER ?O1 MARKET STREET PHILADELPHIA, PA 19106 Atti~rney i~or: PLAINTIFF Telephone: 215-627-1:322 Supreme Court ID No. 306588 '' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 ___. ,_, - KML Law Group, P.C. ~~ t ; ; ..__ . Suite 50(10 -1=SNY Independence Center ~--~~ ..: 701 Market S~~treet ~"' _~_ Philadelphia, PA 19106 -- ~ = _ _ 215-627-1322 ~ " ., - , ~ ~ ,,~ __ Attorney (or Plaintiff _ ~~ ~ ~ ~ . t_" .~ JPMORGAN CHASE BATIK, NATIONAL ~ ~ - -_~=, = ASSOCIATION c/o 3415 Vision Drive 1N THE COURT OF COIvCMON PLEAS Columbus, OH 43219 vs. Plaintiff of Cumberland Cuunty SHAWN W. I3ENNER DORIS E. LOWERY Mortgagor(s) and Record Owner(s) 1 l~feadows Road Newville. PA 17241 CIVIL ACTION -- LA W ACTION OF MORTGAGE kORECLOSURE No. 12-5:?59 Civil Defendant(s) PRAECIPI; FOR WRIT OF EXECUTION TO THE PROTHONOTARY': Issue Writ of Execution in the above. matter: Amount Due Interest from lOl 1Of2012 to Datc of Sale per diem at $15.87 (Costs to be added) .1 ~ ~ ;~a 3 By. j ~ $102,291.82 KML O P, P.C. ~ ~ ~y ~ ~~~ a ~ Michael cK ver Pa. ID 56129 -~ ~ _Jay E. Kivitz Pa. ID 26769 ~~~ Lisa Lee Pa. ID 78020 _ (~ (( Kristina Murtha Pa. ID 61858 03 , ~ ~ ~~ ~~ David Fein Pa. ID 82f>28 ~~ ~~ __Thomas Puleo Pa. ID 27615 ~~ ~~ Joshua I. Goldman Pa. 205047 ~~~ Jill P. Jenkins Pa. ID 3065H8 ~~ ~ Attorneys for Plaintiff ~~ as ,~ ~~~ ~~ ~ sue` ~~ Q w a a z U '~ ~, o N ~ ~' o N ~, z~ O U W x F z u c 2 Z z z cn w x z c z 0 a -o ^ U _ ~ 3 ~~ W ~ W ~ ~,~ ~ z W ~p cc: cv °~ ~ o 3~ tea-- o w~~ V¢ 3 a N c ~ ~, w ~,, ~~~ ~ ~ 3~ _ ~. x ~ ~ ,. 3 3 ~ ~ ~ ~ o ~ z ¢ w s u a ~ U .~ Q a a U ~~ a ~~ ~. -~ ~a T ~ ~ ,~ c ~ I~ C J C,~ C. ~~ ~ ~ ~-~~ :~.. s o ,7 n. C.'L.' ~~ .x ~ ~ 3 y, ~ :~ ~c :~ ~ °' ~, a~~-o~, t, ~ ~> ~ x a ~. ~~'; ALL those certain two (2j certain tracts of land situate in Lower Mifflin Township, Cumbc:~rland County, Pennsylvania, according to a subdivision plan prepared by John R. Kissinger Surveying, E:~ntitled Subdivision for Edward L. Stum, dated September 25, 20001 and recorded in Cumberland County Plan Back 82, Page 50, bounded and described as follows, to wit: TRACT NO 1: BEGINNING at a set railroad spike located in T-418, known as Meadows Road, at the corner of Lot 10 of the Plan described herein; thence along Lot 10 North 46 degrees 29 minutes 01 seconds east 297.17 feet to a set iron pin located at the corner of Lot 10A and 11A; thence along Lot 11A south 44 degrees 25 minutes 10 seconds east 320.00 feet to a set railroad spike located in the centerline of Pennsylvania Route 997, also known as the Roxbury Road; thence through the centerline of Pennsylvania Route 997, also known as Roxbury Road south 43 degrees 16 minutes :?4 seconds west 95.07 feet to a point located in the centerline of the said roadway; thence continuing through the centerline of said roadway south 45 degrees 57 minutes 24 seconds west 240.18 feet to an existing railroad spike located ,:~t the intersection of Pennsylvania Route 99;r, also known as Roxbury Road and T-418, also known as Meadows Road; then~~e through the said T418, also known as Meadows road, north 37 degrees 46 minutes `_i9 seconds west 329.14 feet to a set railroad spike, the place of EEGINNING. CONTAINING a total of 2.3605 acres. BEING known as Lot 11 of the Subdivision referenced above. TRACT NO. 2: BEGINNING at a set railroad spike located in the centerline of Pennsylvania a Route 997, also is known as the Roxbury Road, at the corner of Lot 11; thence along Lot 11 north 44 degrees 25 minui:es 10 seconds west 320.00 feet to a set iron pin located at the corner of Lot 11 and Lot 1~D; thence along Lot 10A north 67 degrees 19 minutes 20 seconds east. 104.10 feet to a point located at lands now or formerly of Richard L Picken; thence along lands of Picken South 46 degrees 25 minutes 38 seconds 1=ast 277.33 feet to a set railroad spike located in the centerline of Pennsylvania Route 997, also known as the Roxbury Road; thence through the said centerline south 43 degrees 16 minutes 24 seconds west 106.50 to a set railroad spike, the place of BEGINNING. CONTAINING 0.6942 acres total. BEING known as Lot 1].A of the aforementioned Subdivision. Both tracts are subject to conditions and restrictions set forth in the aforerentioned Subdivision IMPROVEMENTS consi>t of a residential dwelling. MUNICIPALITY LOWER MIFFLIN TOWNSHIP BEING PREMISES: 1 Meadows Road, Newville, PA 17241 SOLD as the property of Shawn W. Benner and Doris E. Lowery, TAX PARCEL #15-OS-04:1 1-030 if~ K ~L Law Group, P.C. S~ to 5000 - BNY Independence Center 70 l Market Street Ph ladelphia, PA 191.06 ~-6? ~-13_~2 At ornev for Plaintiff .iP`~10RGAN CHASE BANK, NATIONAL AS SOCCATI`ON c/c 3415 Vision Drive Co>umbus, OH 43219 S 15) 1~ .~ I ~ ~ .. J °, ry /} ~k I n . ~. ~~4'I {t / i. ~ ~ _ .~ ~ rr ~k, I ~ J ~ 1, i~ fi~ j'I IN THE COURT OF COMMON PLEAS of Cumberland 4 ~"ounty Plaintiff vs. SHAWN W. BENNER DORIS E. LOWERY (Mortgagor(s) and Record Owner(s)) 1 Meadows >;:oad Newville. PA 17241 Defendant(s) CIVR. ACTION - L,aw ACTION OF MORTGAGI? FORECLOSURE No. 12-5259 Civil AFFIDAVIT PURSUANT TO RULE 3129 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION., Plaintiff in the above action, by counsel, KML Law Group, P. C., sets forth as of the date the praecipe for the writ of execution was tiled the following information concerning the real property located at: 1 Meadows Road Newville. PA 17241 l .Name and address of Owne~x(s) or Reputed Owner(s): SHAWN W. BENNER 1 1Vieadows Road Newville, PA 17241 DORIS E. LOWERY 1 Pvleadows Road Newville, PA ] 7241 2. Name and address of Dcfendant(s) in the judgment SHAWN W. BENNER 1 ndeadows Road Newville, PA 17241 DORIS E. LOWERY 1 Meadows Road Newville, PA ]7241 3 Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support E;ntbrcement health and Welfare Bldb. -Room 432 F'.O. Box ?675 Harrisburg, PA 17105-2675 4. Vame and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien nn the property and whose interest ma ~ be of fecte~d by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge: who has any record interest in the property which may he affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which ma~~ be al fected by the sale. TENANTSlOCCUP ANTS 1 .Meadows Road Newville. PA 1724] I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of l~4 Pa. C.S. Section 4904 relating to unsworn falsification to autho~itie~ ~ i ~ DATF_D: _ ---- ~ ~f") ~ ~ t'om' ~ i ~ ~ !i ,~, ` KML ~L~ ' ~# P, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 __Lisa Lee Pa. ID 78020 _Kristina Murtha Pa. ID 61858 _ David Fein Pa. ID 82628 VThomas Pulc;o Pa. ID 27615 _`Joshua I. Goldman Pa. 205047 __~Jil1 P. Jenkins Pa. ID 30658f, Attorneys for Plaintiff 1:'.-5'?_59 Civil KML Law Group, P.C Sure 5(~- BNY Independence Center 701 M~uket Street Philadelphia, PA 19106 t215)6~7-1322 Attorney for Plaintiff _J ,`~ ~' - r ,~ ~~`~` ` r ~.; ~ ~ r fd i~.-, ~~,` ~~ ,,~; a.,n,,,._ JYMORGAN CHASE BANK, NATIONAL ASSOCIATION r/o 3415 Vision hive Columbus, OH 43219 Plaintiff vs. SHAWN W. BENNER DOR:[S E. LOWERY Mortgagor(s) and Record Owner(s) 1 Meadows Road Newville, PA 17241 Defendants CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 12-5259 Civil THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT' A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BF; USED FOR THAT PURPOSE. ]NOTICE OF SHERIFF'S SALE OF' REAL PROPERTY TO: BENNER. SHAWN W. SHAWN W. BENNER I Meadows Road Newville, PA 17241 Your house at 1 Meadows Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, March 06, 2013, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $]02,291.82 obtained by JPMORGAN CHASE BANK, ]NATIONAL ASSOCIATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE (~~~ prevent this Sheriffs Sale you must take immediate action: I . The sale will be cancelled if you pay to JPMORGAN CHASE BANK, INATIONAL ASSOCIA"PION, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay ca71 our office at 215-825-6329 or 1-866-413-231 I. ~" ~~ ~',~ ~~n IN THE COURT OF COMMON PLEAS of Cumbe-nand Coutrry '~ You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was impiroperly entered. You may also ask the Court to postpone tihc sale for ~*ood cause. l ~" -ti259 Civil 3. You may :also be able to stop the sale through other legal proceedings ~. You may need an attorney to assert your rights. The sooner you contact one, the morn, chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOLI HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. ]f the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. Ynu may find uut the price bid price by calling the Sheriff of 717-240-6390. _'.. You may be able Io petition the Court to set aside the sale if the bid price was grossl~>> inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sate. To find out if this has happened, you may call the Sheriff' of 717-240-6390, 4. If the amount due from the Buyer is not paid to the Sheriff, you will }remain the owner i~f she property as if the sale never happened. S. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff rives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house- A schedule of distribution oC the money bid for your house will be filed by the Sheriff within thirty (30) days t~rom the, date of the Sheriffs Sale. This schedule. will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (re:asons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7 You may also have other rights and defenses, or ways of getting your house back, if you at~t immediately after the sale. t( You may contact the Foreclosure Resource Center: http://www.philadelphiafed.or,lforeclosure/ YUU SHOULD TA>tiE THIS PAPER TO YOUR LAWYER A,T ONCE- IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 '-~~"~59 Civil Resources a~•ailable for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage h'oreclosure against you, you still may be able to SAVE YOUR l`-TOME FROMI FORECLOSURE. ] ). Call an attorney. For referrals to a qualified attorney call either of t ~~e following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-8C-0-989-2227 fc~r ft-ee counseling. 3). Visit HUD'S website www.hud.~ for Help for Homeowners Facin~* the Loss of Their Hames. 4). Pennsylvania Housing Finance Agency ~~lso offers other loan programs that play assist homeowners in default. Please See the P1HFA website http:/lwww.phfa.or~/consumers/homeownersireal.as~. 5). Call the Plaintiff (your lender) at and ask to speak to someone about I.~osS Mitigation or Home Retention options. 6}. Call or contact our office to request the amount to bring the account. current, or pa~roff the mortgage or request a Loan Workout I Home Ketention Package. (:'all our toll free number at I-866-413-2311 or via email at homeretentionC kmllawgrou~.com.com. Call Seth at 215-825-6329 or fax 215-82>~- 6429. The figure andlor package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in cl~~arge of our firm's Homeowner Retention Department is David Fein who can be reached at 2 ] 5- 825-6.318 or Fax: 215-825-6418. Please reference our Attorney File Number of 113617FC. Para inforrnacion en espanol puede communicarse con Loretta al 21.5-825-6344. KML Law Grout, P.C. Suite 5000 - BNY Independence Center _ _ 701 Market Street ~ ~ -~ _ . Philadelphia, PA 19106 ~ ~ ~ v '' `~' ., 4,_ , 21 _>"-627-1322 1 ` ~ _ i ~ ~. r , { ~ 6 VJ , Attorney for Plaintiff -. i, 9~ ~ „'~°,'1 JPMORGAN CIIASE BANK, NATIONAL ASSOCIA~TT~~ ' c/o 341.5 Vision Drive Columbus, OH 432.19 U a ~ 4`f +rg}< Plaintiff vs. SHAWN W. BENNER DORIS E. LOWERY Mortgagor(s) and Record Owner(s) 1 Meadows Road Newville, PA 17241 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL, PROPERTY IN THE. COURT OF COMM(:)N PLEAS of Cumberland County CIVIL ACT10N -LAW ACTION OF MORTGAGE FORECLOSURE NO. 12-5259 Civil Plaintiff, by counsel, hereby ceRifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. ~! i J By: KML P, P.C. ---- Michael cKeever Pa. TD 56129 Jay E. I~ivitz Pa. CD 26769 Lisa Lee Pa ID 78020 Krishna Murtha F'a. ID 6l 858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua L Goidmam Pa. 205047 ___;~Jill P. Jenkins Pa. ID 306588 Attorneys for Plaintiff r K1VIL LAW GROUP,P.C. 113617FC Suite 5000 CF: 08/23/2012 BNY Mellon Independence Center 1 t i.•E D-0 F F I CE: SD: 06/05/2013 701 Market Street OF I HE PROTH0140 rAt Y $102,291.82 Philadelphia,PA 19106-1532 7013 MAY 10 P11 3: 12 215-627-1322 Attorney for Plaintiff rl IMAPP JPMORGAN CHASE BANK,NATIONAL" N N$LVA I A HE COURT OF COMMON PLEAS ASSOCIATION c/o 3415 Vision Drive of Cumberland County Columbus,OH 43219 Plaintiff CIVIL ACTION—LAW vs. ACTION OF MORTGAGE FORECLOSURE SHAWN W.BENNER DORIS E.LOWERY Term Mortgagor(s)and No. 12-5259 Civil. Record Owner(s) 1 Meadows Road Newville, PA 17241 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P.3129.2 (c)(2) Robert Murray, an employee of KML Law Group,P.C., counsel of Plaintiff,hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: (X) Personal Service by the Sheriffs Office/competent adult(copy of return attached). ( ) Certified mail by KML Law Group,P.C. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by KML Law Group,P.C. to Attorney for Defendant(s)of record(proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s)(proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s)of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult(copy of return attached). ( ) Certified Mail&ordinary mail by Sheriffs Office(copy of return attached). ( ) Certified Mail&ordinary mail by KML Law Group,P.C. (original receipt(s)for Certified Mail attached). ( ) Published in accordance with court order(copy of publication attached). Pursuant to the Affidavit under Rule 3129(copy attached), service on all lienholders(if any)has been made by ordinary mail KML Law Group,P.C. (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 Pa. C.S.A. Section 4904. Respectfully submitted, BV: Rob M y Legal Assista r � Name antl Address of Sender Check type of mall or service: Aft Stamp Here re GOLDBEC (if issued SUITE 5000 q Ce tied ❑Recorded oar very(International) cartiecate of mailing, 701 MARKET STREET q COD q Registered or for additional copies ---—_-- ------- -- --- - PHILADELPHIA,PA q Delivery Confirmation q Return Receipt for Merchandise Of this bill) --'-- q Express Mall q Signature Confirmation Pos""and 1 191 Q6-1532 q insured - 0afa of Recobt Amide Number" Addessee(Name,StmK City,same,&bp Code) Postage Fee Handling W �w Rr` iR 4 1. DOMESTIC RELATIONS OF CUMBERLAND 01.320 COUNTY 0 2 1M PO Box 320 TENAN S/OCCUP 4NTS 000428SS57 xTie 2012 CODE 19106 h Carlisle,PA 17013 1 Mead ws Road MAILED FROM r 2. Newvoll -PA-T7241-- _. .. .. DEPARTMENT OF PUBLIC WELFARE- .. - Bureau of Child Support Enforcement Iti, Health and Welfare Bldg.-Room 432 (ia 3• Harrisburg,PA 17105-2675 G Sb LL 4. m 5. �r 6. lid 7. r ri t; t 3otat Number f Pieces Total N bar of Pieces Posirrraster,Per(Name receiving ample _ urea by Received office See Privacy Act Statement on Reverse f" PS Form 387 , ebruary (Page 1 of 2) Complete by Typew lter,Ink,or Bail Point Pen i 11361*C Cumberland County Sale Date:03/06/201 is? SHAWN W.BENNER&DORIS E.LOWERY .try SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,Sheriff ;iutp rtFr�l� Jody S Smith Chief Deputy :r -.-._. R ichard W Stewart SolicitorrF:e.;r JP Morgan Chase Bank, NA Case Number vs. Shawn W. Benner(et al.) 2012-5259 SHERIFF'S RETURN OF SERVICE 01/02/2013 02:23 PM-Deputy Amanda Cobaugh, being duty 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 1 Meadows Road, Newville,PA 17241,Cumberland County. 01/02/2013 02:23 PM-Deputy Amanda Cobaugh, 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 DORIS LOWERY, WIFE,who accepted as"Adult Person in Charge"for Shawn W. Benner at 1 Meadows Road, Lower Mifflin Township, Newville,PA 17241,Cumberland County. 01/02/2013 02:23 PM-Deputy Amanda Cobaugh, being duty 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: Doris E. Lowery at 1 Meadows Road, Lower Mifflin Township, Newville, PA 17241, Cumberland County. SHERIFF COST: $1,264.20 SO ANSWERS,+'' �,� January 22,2013 RONW R ANDERSON, SHERIFF C)CouryS"W.-h n1,1f,let. acar,,n,. K 4L- R!kW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia,PA 19106 215-825-6320 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION c/o 3415 Vision Drive of Cumberland County Columbus,OH 43219 Plaintiff CIVIL ACTION-LAW vs. SHAWN W.BENNER ACTION OF MORTGAGE FORECLOSURE DORIS E.LOWERY Mortgagor(s)and Record Owner(s) Term No. 12-5259 Civil 1 Meadows Road Newville,PA 17241 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,Plaintiff in the above action, by and through an authorized employee of its attorneys,KML Law Group,P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1. Meadows Road Newville, PA 17241 1.Name and address of Owner(s)or Reputed Owner(s): SHAWN W. BENNER 1 Meadows Road Newville,PA 17241 DORIS E.LOWERY 1 Meadows Road Newville,PA 17241 2.Name and address of Defendant(s)in the judgment: SHAWN W.BENNER 1 Meadows Road Newville,PA 17241 DORIS E. LOWERY 1 Meadows Road Newville,PA 17241 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg,PA 17105-2675 4.Name and address of the last recorded holder of every mortgage of record: 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 1 Meadows Road Newville,PA 17241 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. DATED: May 9, 2013 KW L-a -fou C. BY: Robert Mu Legal Assistant KML LAW GROUP,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS c/o 3415 Vision Drive Columbus,OH 43219 of Cumberland County Plaintiff vs. Term C'-) -� SHAWN W.BENNER No. 12-5259 Civil C_- u, —3 DORIS E.LOWERY k Mortgagors and Record Owners ; 1 Meadows Road 1 V Newville,PA 17241 Defendants MOTION TO POSTPONE SHERIFF'S SALE Plaintiff,JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,by and through its attorneys, in support of its Motion to Postpone Sheriffs Sale represents as follows: 1. Plaintiff is the holder of first mortgage upon the premises, 1 Meadows Road Newville,PA 17241, hereinafter the"mortgaged premises." 2. Defendants are the mortgagors and record owners of the mortgaged premises. 3. A Sheriffs Sale of the mortgaged premises was scheduled. for March 06, 2013, and was postponed until May 01,2013;and further postponed to June 05,2013 in order for Plaintiff to review the loan for possible alternatives to foreclosure. 4. Plaintiff requests an additional postponement to July 10,2013 to allow additional time to explore possible alternatives to foreclosure. 5. This case has not been previously assigned to a Judge. 6. The Defendants are unrepresented by counsel and the Plaintiff has no means to seek concurrence of the instant motion except by mail. 7. There is no prejudice to any party. WHEREFORE,Plaintiff requests that the Court enter Plaintiffs proposed order,which will postpone the sale until Wednesday,July 10,2013. Respectfully submitted, By: � K II,LAW G OUP,P.C. Michael McKeever Pa.ID 56129 Jay E.Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Jill P.Jenkins Pa.ID 306588 Alyk L.Oflazian Pa.ID 312912 Attorneys for Plaintiff WOLF&WOLF,14, neys at Law Date: June ,2013 By: Nat .W4Wquire 0 West Hi t Carlisle,PA 013 Supreme Court I.D.No. 87380 (717)241-4436 Local Counsel for Plaintiff >: KML LAW GROUP,P.C. Suite 5000-RNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION c/o 3415 Vision Drive IN THE COURT OF COMMON PLEAS Columbus,OH 43219 Plaintiff vs. OF Cumberland COUNTY SHAWN W.BENNER and DORIS E.LOWERY Mortgagors and Record Owners Term 1 Meadows Road No. 12-5259 Civil Newville,PA 17241 Defendants MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3(b) allows a judgment creditor to postpone a sheriffs sale up to two times within a one hundred thirty day period without new notice. The postponement must be announced to all assembled bidders. As outlined in the attached motion,the Sheriff's Sale has already been postponed as allowed by Pa.RC.P.3129.3(b). Plaintiff seeks Court approval under,inter alia Pa.RC.P. 126, to postpone the sale again. This postponement will be announced to all assembled bidders. CONCLUSION For all the reasons discussed above and in the attached Motion,the Court should enter the attached Order postponing the Sheriffs Sale. Respectfully submitted, By: KML LA GROUP,P.C. Michael McKeever Pa. ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 .—Thomas Puleo Pa.ID 27615 Zill P.Jenkins Pa.ID 306588 �Ail,k L.Oflazian Pa.ID 312912 Attorneys for Plai ff WOLF&WOLF tt ne aw Date:June j,2013 By: Nat C.W;IfAsquire West High Street Carlisle,PA 17013 Supreme Court I.D.No. 87380 (717)241-4436 Local Counsel for Plaintiff - - KML LAW GROUP,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS c/o 3415 Vision Drive Columbus,OH 43219 OF Cumberland County Plaintiff VS. Term SHAWN W.BENNER No. 12-5259 Civil DORIS E.LOWERY Mortgagors and Record Owners 1 Meadows Road Newville,PA 17241 Defendants VERIFICATION Esquire, hereby states that he/she is the attorney for Plaintiff herein, and that all of the facts set forth within the attached Motion to Postpone Sheriffs Sale are true and correct to.the best of his/her knowledge, information and belief. The undersigned understands that the foregoing statements are made subject to the penalties of 18 Pa.C.S.A. §4904. Respectfully submitted,' By: KMIL LA GROUP,P.C. Michael McKeever Pa. ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Jill P.Jenkins Pa.ID 306588 Alyk L.Oflazian Pa.ID 312912 Attorneys for Plaintiff KML LAW GROUP,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106-1532 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION c/o 3415 Vision Drive IN THE COURT OF COMMON PLEAS Columbus, OH 43219" Plaintiff OF Cumberland County vs. SHAWN W.BENNER and DORIS E.LOWERY Term Mortgagors and Record Owners No. 12-5259 Civil 1 Meadows Road Newville,PA 17241 Defendants CERTIFICATE OF SERVICE Lisa Davis, an employee of KML LAW GROUP, P.C., counsel for Plaintiff, hereby certifies that a copy of Plaintiffs Motion to Postpone Sheriffs Sale was mailed by first class mail, postage prepaid, to Defendants on June 4,2013. SHAWN W.BENNER 1 Meadows Road Newville,PA 17241 DORIS E.LOWERY I Meadows Road Newville,PA 17241 Respectfully submitted, KML LA, GROUP P.C. r By: Lisa Davi ,Lega Assistant 215-825-6377 It X lJ JPMORGAN CHASE BANK,NATIONAL ASSOCIATION c/o 3415 Vision Drive IN THE COURT OF COMMON PLEAS Columbus,OH 43219 Plaintiff OF Cumberland County vs. SHAWN W.BENNER and DORIS E.LOWERY Term Mortgagors and Record Owners No. 12-5259 Civil 1 Meadows Road Newville,PA 17241 Defendants ORDER AND NOW,this day of ,2013 upon consideration of Plaintiffs Motion to Postpone Sheriffs Sale and any response t ereto,it is ORDERED and DECREED: That the Motion is granted and the Sheriffs Sale in the above-captioned matter is hereby postponed until Wednesday,July 10,2013,without need for further notice,costs,and advertising. BY THE COURT: -U=c ,z r-n cZ f Mr� id Distribution: LAW GROUP,P.C. Attorney for Plaintiff 701 Market Street,Philadelphia PA. 19106 Shawn W. Benner,Pro Se and Doris E. Lowery,Pro Se 1 Meadows Road Newville,PA 17241 (� ,,/§heriff of Cumberland County — Lue_.L 1 Courthouse Square, Carlisle,PA. 17013 la � 13 1 � M KML LAW GROUP P.C. ?. 3 Suite 5000—BNY Independence Center 701 Market Street 2013 JUL 3 0 PM 4: 2 2 Philadelphia,PA 19106-1532 215-627-1322 CUI"IB PENNSYLVANIA D COUNTY Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS c/o 3415 Vision Drive Columbus, OH 43219 of Cumberland County Plaintiff vs. SHAWN W. BENNER DORIS E. LOWERY No. 12-5259 Civil (Mortgagor(s)and Record owner(s)) I Meadows Road Newville,PA 17241 Defendant(s) PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment upon payment of ALAW "C'-Pw�. By: KML Michael McKeever Pa.ID 56129 Jay E.Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Thomas Puleo Pa. ID 27615 David Fein Pa. ID 82628 �ilyk ll P.Jenkins Pa. ID 306588 L.Oflazian Pa.ID 312912 Salvatore Filippello,Attorney ID 313897 Attorneys for Plaintiff KML LAW GROUP,P.C. ° SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA,PA 19106 (215)627-1322 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS Plaintiff OF Cumberland COUNTY VS. CIVIL ACTION -LAW SHAWN W. BENNER DORIS E.LOWERY ACTION OF MORTGAGE (Mortgagor(s)and Record Owner(s)) FORECLOSURE Defendant(s) No. 12-5259 Civil CERTIFICATE OF SERVICE Angela M. Smith , hereby certifies that he/she did serve true and correct copies of Praecipe to Vacate Judgment and all supporting papers attached hereto upon Defendant, by first class mail,postage pre-paid, on SHAWN W. BENNER 1 Meadows Road Newville, PA 17241 DORIS E. LOWERY 1 Meadows Road Newville, PA 17241 By: KML LA GROUP,P.C. Angela M . mith ,Legal Assistant asmith @kmllawgroup.com 215-825-6325 (Direct Phone) KML LAW GROUP, P.C. Suite 5000—BNY Mellon Independence Center Y j pf�lcj �,Utz `i, , 701 Market Street f�{f Philadelphia,PA 19106-1532 JUL 3 0 Pt., 1,: 23 215-627-1322 P COU BANK,NATIONAL ��-'�j S��'�' JPMORGAN CHASE �I��!��� ASSOCIATION IN THE COURT OF COMMON PLEAS c/o 3415 Vision Drive Columbus, OH 43219 OF CUMBERLAND COUNTY Plaintiff vs. SHAWN W. BENNER No. 12-5259 Civil DORIS E. LOWERY (Mortgagor(s) and Record owner(s)) 1 Meadows Road Newville, PA 17241 Defendant(s) PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended without prejudice upon payment of your costs only. KML LAW WROUP,F/K/A GO FFERTY& Mc KEEVER By. Micha 56129 Jay E. 9 Lisa Lee Pa.ID 8020 Thomas Puleo Pa.ID 27615 David Fein Pa.ID 82628 O )ill P.Jenkins Pa.ID 306588 Alyk L. Oflazian Pa.ID 312912 Salvatore Filippello,Attorney ID 313897 Attorneys for Plaintiff KML LAW GROUP,P.C. Suite 5000—BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106 (215)627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON Plaintiff PLEAS VS. OF CUMBERLAND COUNTY SHAWN W. BENNER CIVIL ACTION - LAW DORIS E. LOWERY (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 12-5259 Civil CERTIFICATE OF SERVICE Angela M. Smith ,hereby certifies that he/she did serve true and correct copies of Praecipe to Discontinue and End and all supporting papers attached hereto upon Defendant, by first class mail,postage pre-paid, on ? SHAWN W. BENNER I Meadows Road Newville,PA 17241 DORIS E. LOWERY I Meadows Road Newville, PA 17241 KML LAW GROUP,P.C. F/K/A GOLD ECK McCAFFE Y& McKEEVER By:_ _ A Angela M. Smith , Legal Assistant asmith@kmllawgroup.com 215-825-6325 (Direct Phone) , ^ SHERIFFS OFFICE OF CUMBERLAND COUNTY Ronny RAnderson - /Sheriff ^ ^^� � TlPr° '�/- �T' w/�w JodySSnith . Chief Deputy 121w" JUL 30 Y Richard VVStexva,t - ' - ~ , Solicitor mFrTEor THE nKERI= CUMBER Ty PENNSYLVANIA JP Morgan Chase Bank, NA vs. Case Number Shawn VK Benner(et a|.) | 2012'6259 SHERIFF'S RETURN OF SERVICE 01/02/2013 O2:23pyN - Deputy Amanda Cobaugh. being duly sworn according ho 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 1 Meodows Road, Newville, PA 17241, Cumberland County. 01/02/3013 02:23 PM-Deputy Amanda Cobaugh, 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 atruo copy to a person representing themselves to be DORIS LDVVERY. WIFE , who accepted as"Adult Person in Charge"for Shawn W. Benner at 1 Wleedmwm Road. Lower Mifflin Township, NewwiUe. PA17241. Cumberland County. 01/02/2013 02:23 PM-Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Real Estate Writ, Notice and Oeaoription, in the above titled ocfion, by making known its contents and at the same time personally handing o true copy tou person representing themselves bzbe the Defendant,to wit: Doris E. Lowery at 1 Meadows Road, Lower Mifflin Township, Newville, PA 17241, Cumberland County. 02/21/2013 As directed by Jill Jenkins,Attorney for the Plaintiff, Sheriffs Sale Continued to5/1/2O13 04/18X2013 As directed by Jill Jenkins,Attorney for the Plaintiff, Sheriffs Sale Continued to6/5/2O13 06/05/2013 As directed by Jill Jenkino,Attorney for the Plaintiff, Sheriffs Sale Continued to7/1O/2O13 07/09/2013 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: $1.529�34 SO ANSWERS, July 3D. 2U13 Rumw, n*mucnSu/v. oncmrr � �°= co ~&�" �*�- - �-- �-- wcoumstfitesivriff,nueosoft,/= . � WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5259 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 SHAWN W.BENNER,DORIS E.LOWERY (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: $102,291.82 L.L.: .50 Interest FROM 10/10/2012 TO DATE OF SALE PER DIEM AT$15.87 Atty's Comm: % Due Prothy:$2.25 Arty Paid: $207.25 Other Costs: Plaintiff Paid: Date: 10/12/12 � ��=-��� David D.Bu 11 Prothonotary (Seal) Deputy REQUESTING PARTY: Name:JILL P.JENKINS,ESQUIRE Address: KML LAW GROUP,P.C. SUITE 5000-BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA,PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No.306588 TRUE C"""" "10M, 'RECORD 1p-Testimonyv'.'�-z sere unto set my hand and the see l' at Carlisle,Pa. FhIS !,y 0 C+ 20 Prothonotary &- On October 17, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA, Known and numbered as, 1 Meadows Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 17, 2012 By: Real Estate L� Coordinator S 1j 1101 ��1831N CUMBERLAND LAW JOURNAL Writ No. 2012-5259 Civil CONTAINING a total of 2.3605 acres. JP Morgan Chase Bank,NA BEING known as Lot 11 of the VS. Subdivision referenced above. TRACT NO. 2: Shawn W. Benner, BEGINNING at a set railroad spike Doris E. Lowery located in the centerline of Pennsyl- Atty.:Jill Jenkins vania a Route 997,also is known as ALL those certain two (2) certain the Roxbury Road, at the corner of tracts of land situate in Lower Mif- Lot 11; thence along Lot 11 north flin Township, Cumberland County, 44 degrees 25 minutes 10 seconds Pennsylvania, according to a sub- west 320.00 feet to a set iron pin division plan prepared by John R. located at the corner of Lot 11 and Kissinger Surveying, entitled Sub- Lot 10; thence along Lot 10A north division for Edward L. Stum, dated 67 degrees 19 minutes 20 seconds September 2S,2000 and recorded in east 104.10 feet to a point located at Cumberland County Plan Bock 82, lands now or formerly of Richard L. Page 50,bounded and described as Picken;thence along lands of Picken follows,to wit: South 46 degrees 25 minutes 38 TRACT NO 1: seconds East 277.33 feet to a set BEGINNING at a set railroad spike railroad spike located in the center- located in T-418,known as Meadows line of Pennsylvania Route 997,also Road, at the corner of Lot 10 of the known as the Roxbury Road;thence Plan described herein; thence along through the said centerline south 43 Lot 10 North 46 degrees 29 minutes degrees 16 minutes 24 seconds west 01 seconds east 297.17 feet to a set 106.50 to a set railroad spike, the iron pin located at the corner of Lot place of BEGINNING. CONTAINING 10A and I IA; thence along Lot 11A 0.6942 acres total. south 44 degrees 25 minutes 10 sec- BEING known as Lot 11A of the onds east 320.00 feet to a set railroad aforementioned Subdivision. spike located in the centerline of Both tracts are subject to condi- Pennsylvania Route 997,also known tions and restrictions set forth in the as the Roxbury Road;thence through aforementioned Subdivision. the centerline of Pennsylvania Route IMPROVEMENTS consist of a 997, also known as Roxbury Road residential dwelling. south 43 degrees 16 minutes 24 MUNICIPALITY LOWER MIFFLIN seconds west 95.07 feet to a point TOWNSHIP. located in the centerline of the said BEING PREMISES: 1 Meadows roadway;thence continuing through Road,Newville,PA 17241. the centerline of said roadway south SOLD as the property of Shawn W. 45 degrees 57 minutes 24 seconds Benner and Doris E. Lowery. west 240.18 feet to an existing rail- TAX PARCEL#15-05-0411-030. road spike located at the intersec- tion of Pennsylvania Route 997,also known as Roxbury Road and T-418, also known as Meadows Road;thence through the said T418, also known as Meadows road, north 37 degrees 46 minutes 59 seconds west 329.14 feet to a set railroad spike,the place of BEGINNING. 20 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. L sa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this da y of Februar 2013 -J/ 1 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 F , The Patriot-News Co. the Patr1*ot*1Xews 2020 Technology Pkwy Suite 300 Mechanicsburg, 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. L10J il".ATlnPJ COPY This ad ran on the date(s)shown below: >fe�of _off asolo►ea,(aur oan�a ..,,,, ► ISE 01/22/13 2012-5259 Civil JP Min Chase Bank,NA C 01129/13 Vs — n W.Benner 02/05/13 ls E:Lowery JIII Jenkins I!, ALL those certain two (2) certain tracts of land situate in Lower Mifflin'Ibwnship,6, Sworn to and sub cubed before me 1 ay of February, 2013 A.D. - Cumberland County, e Pennsylvania, according to a subdivision plan prepared by John R. Kissinger u Surveying,entitled Subdivision for Edward L. Stum, dated September 2S, 2000 and No ublic recorded in Cumberland County Plan Bock 82, Page 50,bounded and described as MONW LTH OF FENNSY VANIA follows,to wit: TRACT N01: Notarial Seal public BEGINNING at a set railroad spike located Holly Lynn Warfel,Notary in T-018,known as Meadows Road,at the o Washington Twp.,Dauphin county corner of Lot 10 of the Plan described My cOMMI5510n Expires Dec, herein; thence along Lot 10 North 46 E MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES degrees 29 minutes 01 seconds east 297.17 feet to a set iron oin located at the comer KML Law Group,P.C. Suite 5000—BNY Independence Center 701 Market Street Philadelphia,PA 19106 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS c/o 3415 Vision Drive Columbus,OH 43219 of Cumberland County Plaintiff vs. CIVIL ACTION-LAW SHAWN W. BENNER DORIS E.LOWERY (Mortgagor(s) and Record Owner(s)) ACTION OF MORTGAGE FORECLOSURE 1 Meadows Road Newville,PA 17241 Defendant(s) No. 12-5259 Civil AFFIDAVIT PURSUANT TO RULE 3129 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,Plaintiff in the above action,by counsel,KML Law Group,P.C.,sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1 Meadows Road Newville,PA 17241 1.Name and address of Owner(s)or Reputed Owner(s): SHAWN W.BENNER 1 Meadows Road Newville,PA 17241 DORIS E.LOWERY 1 Meadows Road Newville,PA 17241 2.Name and address of Defendant(s)in the judgment: SHAWN W.BENNER 1 Meadows Road Newville,PA 17241 DORIS E.LOWERY 1 Meadows Road Newville,PA 17241 3.Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle,PA 17013 PA DEPARTMENT OF PUBLIC WELFARE-Bureau of Child Support Enforcement Health and Welfare Bldg.-Room 432 P.O.Box 2675 Harrisburg,PA 17105-2675 4.Name and address of the last recorded holder of every mortgage of record: 5.Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6.Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 1 Meadows Road Newville,PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my information and belief.I understand that false statements herein are made subject to the penalties of I Pa.C.S. Section 4904 relating to unsworn falsification to autho "tie DATED: I / By: 1 / KML L^ P,P.C. Michael McKeever Pa.ID 56129 Jay E.Kivitz Pa.ID 26769 Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 27615 Joshua I. Goldman Pa.205047 _gill P.Jenkins Pa.ID 306588 Attorneys for Plaintiff ¢' 12-5259 Civil T . KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS c/o 3415 Vision Drive Columbus, OH 43219 of Cumberland County Plaintiff CIVIL ACTION-LAW vs. SHAWN W.BENNER ACTION OF MORTGAGE DORIS E.LOWERY FORECLOSURE Mortgagor(s) and Record Owner(s) 1 Meadows Road Newville,PA 17241 Docket No. 12-5259 Civil. Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BENNER,SHAWN W. SHAWN W. BENNER 1 Meadows Road Newville,PA 17241 Your house at 1 Meadows Road,Newville,PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday,March 06,2013,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$102,291.82 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 Sheriff s Sale you must take immediate action: 1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,the back payments,late charges,costs and reasonable attorney's fees due.To find out bow much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 12-5259 Civil 3. You may also 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 below on 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 NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the We if the bid price was grossly inadequate compared to the value of your property. 3. 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 the Sheriff of 717-240-6390. 4. 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. 5. 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 tune,the buyer may bring legal proceedings to evict you. 6. 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 within thirty(30)days from the date of the Sheriffs Sale.This schedule will state who will be receiving that 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 schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 b 12-5259 Civil Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: .or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hiip://www. hp fa.org/consumers/homeowners/real aspx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention @kmllaw"roup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 113617FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 12-5259 Civil KML Law Group,P.C. Suite 5000-BNY Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS c/o 3415 Vision Drive Columbus, OH 43219 of Cumberland County Plaintiff CIVIL ACTION-LAW vs. SHAWN W.BENNER ACTION OF MORTGAGE DORIS E.LOWERY FORECLOSURE Mortgagor(s) and Record Owner(s) 1 Meadows Road Newville,PA 17241 Docket No. 12-5259 Civil Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT.THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LOWERY,DORIS E. DORIS E. LOWERY 1 Meadows Road Newville,PA 17241 Your house at 1 Meadows Road,Newville,PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday,March 06,2013,at 10:00 AM,in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$102,291.82 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 to JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,the back payments,late charges,costs and reasonable attorney's fees due.To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment,if the judgment was improperly entered.You may also ask the Court to postpone the sale for good cause. 4 ' 12-5259 Civil 3. You may also 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 below on how to obtain an attorney). YOU MAY STELL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder.You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. 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. 3. 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 the Sheriff of 717-240-6390. 4. 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. 5. 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. 6. 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 within thirty(30)days from the date of the Sheriffs Sale. This schedule will state who will be receiving that 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 schedule of distribution is filed. 7. You may also have other rights and defenses,or ways of getting your house back,if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: hLtp://www.philadelphiafed.orp,/foreclos 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 12-5259 Civil .Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender(and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website hqp://www.phfa.org/consumers/bomeowners/real.aspx. 5). Call the Plaintiff(your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawaoup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 113617FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344.