HomeMy WebLinkAbout12-7274SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. N0.78447
MICHAEL CLARK, ESQUIRE, ATTORNEY I.D. N0.202929
CAITLIN M. DONNELLY, ESQUIlZE, ATTORNEY I.D. NO. 311403
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 12-042415
JPMorgan Chase Bank, National Association
PLAINTIFF '
VS
Duane D. Diller
17 Ian Court
Shippensburg, PA 17257
Leah M. Diller
17 Ian Court
Shippensburg, PA 17257
DEFENDANTS
NOTICE
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YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE
FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THISCOMPLAINT AND
NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU
ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY
OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE TAE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
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COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
COMPLAINT -CIVIL ACTION
MORTGAGE FORECLOSURE
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT YOU ARE ADVISED THAT THIS LAW
FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEIVIPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
NOTICIA
LE HAN DEMANDADO A LISTED EN LA CORTE. SI LISTED QUIERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
LISTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. LISTED DEBE PRESENTAR UNA APARIENCIA
ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA
ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU
PERSONA. SEA AVISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE TOMARA
MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA LISTED SIN PREVIO AVISO O
NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA
PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO O SUS PROPIEDADES O
OTROS DERECHOS IMPORTANTES PARR LISTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY LD. N0. 78447
MICHAEL CLARK, ESQUIRE, ATTORNEY I.D. N0.202929
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 12-042415
JPMorgan Chase Bank, National Association
PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
VS.
Duane D. Diller
17 Ian Court
Shippensburg, PA 17257
Leah M. Diller
17 Ian Court
Shippensburg, PA 17257
DEFENDANTS
NO:
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, JPMorgan Chase Bank, National Association, the address of which is, 3415
Vision Drive, Columbus, Ohio 43219, brings this action of mortgage foreclosure upon the
following cause of action:
1. (a) Parties to Mortaa~e:
Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for
Summit Mortgage Corporation, d/b/a Summit Home Mortgage, INC. A
Minnesota Corporation its successors and assigns.
Mortaa~or(s): Duane D. Diller and Leah M. Diller
(b) Date of Mort~a~e: December 22, 2009
(c) Place and Date of Record of Mort~a~e:
Recorder of Deeds
Cumberland County Document ID# 201000532
Date: January 7, 2010
The Mortgage is a matter of public record and is incorporated herein as provided
by Pa. R.C.P. No. 1019(8). A true and correct copy of the Mortgage is attached
hereto and marked as Exhibit "A" and incorporated herein by reference.
(d) Assi ng_ ments:
Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Summit
Mortgage Corporation, d/b/a Summit Home Mortgage, Inc., its successors and
assigns
Assignee: JPMorgan Chase Bank, National Association
Date of Assignment: October 08, 2012
The assignment is in the process of being formalized.
2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original Mortgagee, or is the present holder of the mortgage by
operation of law.
3. The real property which is subject to the Mortgage is generally known as 17 Ian Court,
Shippensburg, PA 17257 and is more specifically described as attached as part of Exhibit
..A,.
4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by
the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as
Exhibit "B".
5. The names and mailing addresses of the Defendants are: Duane D. Diller, 17 Ian Court,
Shippensburg, PA 17257, and Leah M. Diller, 17 Ian Court, Shippensburg, PA 17257.
6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both.
7. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, are due as of June 1, 2012
and have not been paid, and upon failure to make such payments when due, the whole of
the principal, together with charges specifically itemized below are immediately due and
payable.
8. The following amounts are due as of November 30, 2012:
Principal Balance Due $131,656.27
Interest Currently Due and Owing at 5% $3,839.99
From May 1, 2012 through November 30, 2012
Late Charges $123.72
Escrow Advances $679.32
Property Inspection $56.00
TOTAL $136,355.30
9. Interest continues to accrue for each month that the debt remains unpaid, and Plaintiff
may incur other expenses, costs and charges collectible under the Note and Mortgage.
10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as
proof of title in conformity with the mortgage documents and Pennsylvania law, shall be
sought by Plaintiff and included in any request for judgment.
11. Notice of Intention to Foreclose with the information required pursuant to 41 P.S. § 403
commonly known as Act 6 and demand for payment was sent to each individual Defendant
by Certified and Regulaz Mail. Copies of the Notice aze attached as Exhibit "C".
12. The Mortgage is insured by the Federal Housing Administration under Title II of the
National Housing Act (12 U.S.C. § 1707-1715z-18). Accordingly, the Homeowners'
Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in
favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in
paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and
charges collectible under the Note and Mortgage and for the foreclosure and sale of the
mortgaged premises.
SHAPIRO & DeNARDO, LLC
Date: ~ ! ~ / o`Z
BY:
ttorneys or Plai iff
S & D File No. 12-042415
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This Instrument Prepared By:
MONICA JAMP3A
(763)390-7292
SUMMIT MORTGAGI3 CORPORATION, DBA
SUMMIT HOME MORTGAGE INC.
13355 10TH AVE. Di, SfTITS 100
PLYMOUxii, MINN850TA 55441
Loan Number: 52409113929
Uniform T'aroel Tdeatifier Number:
39-13-0102-082
Property Address:
1.7 zAN COURT
SIXIPPENgBURG, P$NNSYLVANIA 17257
'..-~~a,.~-.+-~ a+-s ~a TSpace Above This Line For Recnnilnp [late) a-~-~.1-r-~..tsi!! V_L_
re t~},e „s -tD ~
US FZt100f(jlll~, ono.
2925 Country [?rive Ste 20'! ~ ORTGAGE FfiA cASENO. `~"'
St. Paul, MN 55117
mot.+Lttat
MIN: _ _
TiiiS MORTGAGE ("Security ln~srtmtant") is given on DECEMBER 22, 2Q09
The mortgagtn is Dt7ANE D, DILLTsR AND LI3AH M. DILLER, HUSBAND AND WIFE
("13orrowar").
This Security Tnstrnnbnt is given to Mortgage IIleeeronic Registration Systems. Tne. ("MIIRS") as Mortgagee, MBRS
ii the nominee far Gander, as hereinafter defined, and ienda's auooeaeprs and assigns. MGRS is da'gsaised and
existing tmdet the Isws of Doiaware, and hao a mailing address of P.O. Hpx 21126, Flint. Mi 48541-2026 and a stroet
address of.33t10 & W. 34th Avenue, Suite 101, Ocala, FL 3A474, tel. (888) 679-MI'sR3.
S{Mrl1.T hI~GE (?'.1~T, I~,3]'?RCr HIE M7~, ~., A N i ("Lender")
is organized and existing under the taws of MINNESOTA
end has anaddreasof 13355 10TH AVE. N. SUITE 100, PLYMOUTH, MINNESOTA
55442.
Borrower aruvea Lender the principal sum of ONE HUNDRED THIRTY-SIX THOUSAND FIVT;
HUNDRED SEVENTEEN AND 00/100 Dollara(U.S.S 136.,517.00 ),
This debt is evide>,ced by Bturowet's store dated the satnedate as this Seeurily instrument ("Nate"). which Provides
for monthly payments, with the full .debt, if not paid earlier, due and payable on ~TANTTARY 1, 2 04 0
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This Socurlry Instrument secures to Lender; (a) the repayment of the debt evidenced by the Note, with interetk, and
all rertewils, extensions and modifications of the Nate; (b) the paymettt of all other stare, with interest, advanced
under paragraph 7 to protoet the security of this Soourity f natrtrrnent•, and (C) the perfarmanee of Botrowar's oovtnarus
and agreements under title Security instrument and tho Noce. Por this purpose, Borrower does botchy mortgage, Brent
and convey w MGRS (solely as nominee far Lender and Lender's suoeesaore and assigns) and to the successors and
assigns of M$RS the following described property located in CT3MHERLAND County,
Pcnnryivania;
Sly ZEAL, D1Ef.SC~iIPTIt'aiT Ht~lO AND MADE R PART HBRHDF AS E~TT "A" .
A.P.N.: 39-13-D1D2-882
which has the address of ~.7 IAN COORT
iStrcetl
SHZP~ENSBURG ,Pennsylvania 17257 ("Property Address");
(Gay/ [ZipCodcJ
TOGETHER WITH all ilia hnpt~vementa now or heresftcr erected on the property, and all oasotnents,
appurteoanaes. sad fixtwes now or hereattcr a part of the praporty. All rcplacetnattte and additions shall also be
covered by this Security Instron-ent. All of the foregoing u referrod to in this Security ittalrument as the "Property."
Borrower nrtderntands and ageers that M8R6 holds Ditty begat title to the ir-teraats granted by Borrower in this Security
ineMtcnant; but, if tteoesaary to comply with law or cua~m, MSRS (as nominee for Lander and Lcttder's successors
and assigns) has the right: to exercise any ac all of those irrtortirsts, includmg, but not limited to, the right W foreclose
and atq .~ Property; and to take arty action required of Louder including, but not limited to, ralataing or canceling
Chia Security inatrtrrtettt.
BORROWER COVENANTS that Borrower is lawfully seiaod of the tatata heroby conveyed and has the right to
moRga®e, grant and vonvoy the Property and that the Property is tutcncutnbered, wtct~t frx ottairnbraneev of record.
Tiorrowar warrants and will defend generally the title to the Property against el! alaima and detnonds, attbject to any
oneunbrannxa of record.
THOS SBCi1RTfY FNSTRUMBNT combines uniform oovenantr for national ascend non-uniform eovenru,ts with
Ei+rtited variations by juriFdiotion to constitute a uniform seetuity instrtment 0ovcring real property.
UNiFUR14t COVE.NAMTS. Borrowor end Lander covenant and agree ae follows:
1. Psys~ent of !'ritadpal, lntcrest and Late Charge. 13orrowor atu[I pay vnc~n due tlto principal of, and
interest on, the debt evidenced by the Noto and late charges drrc under the Note.
2. Monthly Payment of Taaea, Iuauranoe, sad Other Gltargea. Borrower shop lnclade in each trm®thly
payment. mg~a' with the principal and interest as set forth in the Note and airy ante charges, a stun for (a) taros turd
spacieF asaossmenta levied or to be levied againa! the Property, (b) Icasohold paymartts or ground north on tha
Property, and (a) premiums far insurance rogaitod under paragraph +t, in ~Y year in which the Lendor must pay a
mortgage insurnttce premium to the Secretary of Housing and Urban Acveloprttent ("Secretary"), or in arty year in
FHA PENNtiYLVAMA MORTGAf3E • M FJiS eoeasagrc watt eoae~y.raaz
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which etch premium would have been required if Lender siill held the Seanrity instrument, estch monthly paymatt
shall also include either: (i) a sum for tha annual ma~tgaga ittstiranas premium to ba paid by Lender ~ the Secretary,
or (ii) a monthly charge i~tcmd of a tttortgage insurance premium if this Soewity ltmtrument is held by the Secretary,
in a roasat+:ble amount to be detennirred by the Secretary, Except for the monthly charge by the Secretary, thesC ilcn+a
aro callod "Escrow Items" and the some paid to Lender are called "Ee~xaw Funds"
Lender may, at any time, collect and hold amounf¢ for Escrow Hems in an aggtcgate amourrt not to exceed the
maximum amount that may be required for Borconvoer's escrow amount nntlar the Real Estate Settfctt+ent Procx?dures
Act of 19'74, l2 U.S.C. X2601 et sir ,and irnplcmonting regulafions, 24 CPR Part 3500, as thty may 6e amended
from time to time {"RESPA "~ except thaf iho cushion or reaewopermitted by RBSPA for unanticipated disbwaements
or disbursements before the Borrower's payments arc availebk in the account may not he based on amounts due for
the mortgage insurance premium.
• Tf the amounts held by Lender far Escrow items exceed the e+namts permitted b be held by RESPA, Lender dmli
account to 13arrower for file axcass fitnde as required by R$SPA. Tf the amounts of funds bald by Lender at any rime
are not sut>'taent rn pay the Escrow (tams when due, Lender may notify' the liorrowcr and require Borrower fA make
up rho shortage as permitted by RESPA.
The Escrow Funds are pledged as addiGona[ aecatity for all awns secured by this Security fnstrumgtt. If
Borrower tenders to Lander the fitll payment of all such sums, Borrower's acconnt anal! be rxedited with the balenra
remaining for all installment items (a), (b), and (e) and any mortgage insurance premium irntatltnont that Lender h~
not become obligated W pay to the Secrotary, and Lender shall promptly reRtnd any excess funds to Borrower,
imnxxliately prior to a foceetosurc sale of the Property or its aoquiaitinn by Lender, Borrower's aoeotmt shall bs
credited with any balance remaining fa all instsliments for itisrns (a), (b), and (c).
3. AQp{iaation of Payments, All payatentt under paragraphs t and 2 steep be applied by Lender as follows;
FiR to the mortgage insurance premium to be paid by Lander to d+a Secretary or b the monody charge by
the Secretary instead of the ttxmthly mortgage insurance premiam;
SF,,cOT1D, to arty taxes, apeoial ~s~twnts, leasehold payments or grrn-nd rents, and Rte, flood and othu hazard
insurance premiums. as regttirnd;
THIRYS• to inta~cst due under the Note;
FbURTN, to amortia~tion of the prireeipal of the Note; ~d
1''TFTH, eta lets charges dao under the Note.
4. Fire, F1ead a^d Qther i{azerd Inanraace. Borrower shall insure all improvements on the Property,
whether now in exiatenas ar aubsequenUy ereoted, against any hazards, catptahies, and contingettoia, lnofuding Bre,
for which Lender t~equires insurance. This irswraace shall be trptintairasd in rtes amounts and for the periods that
Lender requtrea Borrower shall also insure all improvements on the Property. whether now in exitaoncc or
subaequerttly erected, againd loan by 8oodc W the extant required b5' the Secretary. All insurance shall be oarriod with
companies approved by Lender. The insurance policies and any renewals shalt bo held by Lender and shall include
toss payable clauses in favor of, and in a faun acceptable to, Lender.
in the overt of lose, Bormwor shall sere Lender immediate notico by mail. Lender may make proof of toes if not
made promptly by Borrower. Each insurance campairy concerned is herdry asfhorized sad dirceted to make payment
far such loss directly to Lend, instead of to Botrt>•vor and to Lender jointly. All or any part of rho inaaratxe
proceeds may ba applied by Lender, at its option, citha' {a) to the reduction of the indebtedness under the Note and
this Smurity tnstrument. lira[ to any delinqud+t amounts applied in the order in paragraph 3, arul then to prepayment
of principal, or (b) to the restoration or repair of the damaged Proporry. Any application of the p+'ooaeda to the
principal shag not oxtond or postpone the duo date of the [earthly payntonts which are referred to in paragraph 2, or
FF4A PB~lNSYLVANIA MORTGAGE - MFJi6 qtr N
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change the amount of such paymeltta. Any excess inaurartce proceeds over an amount required to pay all outatiutding
indebtedness under the Note and thi: Seatrity inatntment shad be paid to the entity legally emitted thereto,
In the event of ferecioaure of this lecurity Ittntrutttent or odtar transfer of title to the Property that extinguishes
the indebtedness, all right, tftla er-d inten;st of Borrower in and to inearanoo policiaa in faros shalt pass b the purchaser.
5. Occapttncy, Preservation, Maiatetmttce and ProtectFoa of the Property; Borrow~er'a Loaa Apptkatlon;
l.eaaeholda, Eorrowcr atrall occupy, establish, and use the Property as Borrawer' a principal residence within sixty
days after the execution of this Security [nstrutne»t(ar within sixty days of a later sale or tranaf~ar of fhe Property)
and shall continua to occupy the Property as Borrower's principal residence for al least one year aRer the data of
occupancy, unless Lender determines that raquiremertt will cause undue hardship for Borrower, or unless extenuating
oirautnatances exist which are beyond Borrowar'a conlroL Borrower shall notify Ldtder of arty extenuating
circutnstances, Borrower shall not commit waste or destroy, damage or eubatantially ctumse the Property or albw
the Property to deteriorate, reasonable wear and tear excepted. Candor may inspect the Praporty if the Property is
vacant or abandortat or the loan is in default. Lander may take reasonable action to pressor and preserve such vacant
or abnttdontd Ptnpa~ty. Borrower-shall also bo in dafavtt if Borrower, during the ban application pnocesa, gave
materially false or it-acourate information or statements to Lender (or failed to provide Lender with any malarial
information) in oortneotion with the loan evidenced by the Note, inchtding, bat not limited to, representations
concerning Borrower's oecupsrtcy of the Property as a pritteipa! residence. [f this .Seaffity lnatrumeni is on a
leasehold, Borrower shall comply with the provisions of the lease. if Borrower acquires fcc Ntie to the Property, the
leasehold and fee title shall not be rnargad unless Lender agrees to the merger in writing.
6, Coademnatbn. The proceeds of any award ar .claim for damages, direct a consequential, in connection
with any oondctnaation or other taking of any part of the Property, or fvr ootrvcyance In place of condemnation, arc
hereby assigned and shall be paid'to Lender to lira extent of the fWl amount of the indebtedness butt remawa aapaid
under the Note and this Security instrnntestt. Lettdcr altuN apply such proceeds to the tuhtctioa of the indabtalttesa
under the Note and this Security Instrument, first W arty delinquent amounts applied in the order provided in
paragraph 3, and than to prcpaytpent of principal. Any application of the pr~ooeecla to the principal shall not extend
or postpone the due date of the motditly payments, which are referred to in paragsaph 2, or change the amount of such
payments, Atry excess proceeds oror an amount required to pay all outstanding indeMedr-ess under 1heNota and this
Scxatriry )netntmant shall ba paid to the entity legally entitled thereto.
7, Charges to Sorra~rrer sad ProWctba of LesMer~a titiahb Itr the Properly, Borrower shall pay ail
govcrnmantat or taunic~al dtargea. fines and impositions tbat.are not included in paragraph 2. Borrower shall pay
-these obligstivns oa dn>e directly to the entity which is owed the pttymont. [f tailors ro pay would adversely affod
Lender's interest in the Property, upon Lcttder's t+equest 8orrowar shall promptly tbrttieh to Lender receipts
evidencing theca ~tymerrra.
If Borrower titNa W make those paytnertts or the payments required by Paragraph 2, or fails to perform any other
covenants and agreements contained in thin Security InstrtmteM, or tittxc is a legal proceeding that may aigttifiattttly
afloG Lender's rights in the Property (such as a protxedmg in bankruptcy, for oemdemnation or to oaforco laws or
rogutationa), then Lender may do and pay whateNer is ttececoty to protect the value of the Property anti Lender s
rights in the Property, including payment of taus, hazard hraaranoa and other items mentioned in paragraph ~.
~Y arstounts disbursed try Leader under this paragraph shall become an additional debt of 8orrowar anti be
secured by this tiecarity Ittstnrtrtent. Theac amounts shall bear intarost from tfto dace of disbnraettlenl at the Note rate,
and at the option of Lander sisal! be imnxediataly dtro and payable,
liarrower shall prontptiy diecttuge arty lien which has priority aver this Security Instrttttlent uttlas Borrower.
{a) agrees in writing to the psymant ofthe obiigatian secured by the lion in a manner a<coeptabk tq larder; (b) contcats
in gtwd faith the lien by, or defends against enforcatttcttt of the lien in, {egat prococdln$s whic>n in the Leader's
FHA PBVNSYLVANIA MUR7GAGE- NiHtS ~ ~*ai~s
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opinion oporatc to prevent the enforcement of the lien; or (c) secures frouri the holder of the Tien an agreement
satisfactory to Lender subordinating the lion to this Security lnahvment. if Lender determinos that n-Y part of the
T'roporiy is subject to a lien which may Attain priority over this Scottriry inatrnmatg Letrder may give Borrower a
notice identifying the Nan, Borrower shell satisfy the lien or take one or more of the actions sat forth above within
10 days of the giving of notice.
8. Fees, [.ender may oalleot fees and ahargcs eathceize0 by the Sccrotary.
y. Croaud's for Aeederntlott of Debt
(s) 1Jefault. Leader may, except as limited by regulations issttad by the seerotary in the case of payment
defaults, roquiro immediate payment in full of all sums secured by dris Security Tnsbwnant if:
{i) Borrower defautta by failing to pay in full any monthly payment rcquircd by this Security
Instrument prior to or on the due date of the scat monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perfornr any other obligations
contained in this Severity Itttttnartent.
(b) Sate Without Credit Approval, Lender shalt, if trenrritted by applicable taw (including section J41(d)
of the t,,arn-9t. (i+ertnain T3epository Institutions Act of 1982, 12 U.S.C. 1701j•3(d)) and with the prior
epprovet of the Sea,?fa:y, roquire itmnediale paymerrt in tbll of alt soots soatrod by this Scuaity lnsmtrtrtnt if
(i} All or part of the Property, or a benaticlal interest in a trust owning aTl or part af'the Prapeny, is
soil or otherwise transferred (other than by devjse or descent), and
(ii) The Property is not occupied by the purchaser or grantcv as his or has principal rosidatcc, yr the
purchaser or grantee does eD occupy the 1'roperry, but his or her credit hea not boon approval in
accordance with the requirements of the Secretary.
(e) No Waiver. If circumstances Qatar that would permit Lender to require inanodiata payment is full,
but Lends does sot coquets wait payments, Lender does not waive its tights with rospax to subsogttertt avonts,
(d) ii.enttttia~ o[ HIJn Secretary. In many circumstances reguhdiotu issued by the Secretary will limit
Lender's rights, in rho case of peyttte»t det°eWtrt, to regtfits~e immediate payment in full and foreclose if not
paid. This Security Inafrttment does not aathorize acceleration or fot+eolotarro if not permitted by rttgu~tions
of the Secretary. "
(e) Mortgage Not lnsutrorl. Borrower agroea that if this Security lrtstrwnem and the 1Vvte are not
determined to ba eligible for insurance under fhc Nations! T-Iousiag Act within 6 0 DAYS
from the date hereof, Lcttder Wray, st its optbn, require immediate payrnera in foil of atl awns secured by
the Seom~~iry Matrument. A written statement of arty authorized agent of the Secretary dated subaoquent to
6 0 DAXS from the dace hereof, declining to inwre this Secariry iwstroment and
the Note, shalt be deemed conchrsivc proof of such ineligibility. Notwitftatanding the foregoing. this vpfinn
may not bo exercised by Lends when the unavaitsbility of inaurancc is solely due to Lender' x fnihtra to rcntif
a mortgage inaunnco prentiwm to the Secretary.
Ill. Rctnstatement. Borrower has a right to be rainstatcd if Lrndor has required immediate payment in full
because of [3orrower's failure to pay an amount doe under the Nota or this Scaurity instrtrmont. This right applies
even a(tcr foraclowre proceedings are ira6hrted, To teins4-te. the Security Tnstrtunent, Borrower shall tender in a
Lump sum all amotxtts required to bang Borrovre'a account carton[ including, to the extent they arc obligations of
t3orrowor under this Beautify inatrunnerrl, foreclosure ~ and ressonabk turdcustotttary attoracya' fees yrrd expeaaea
liropcrly associated with the foreclosure proeeedir>& Upon rcinstatemont by Borrower, this Scattily Inatrutnent and
the obligations that it secures shall remain in effect as if l.endor had not regnirod itnmodiste payment in full.
Tdowever, Lender is not required to permit roinataterrrem if; (i) I.endea has acoopted reinabtetrtent after the
commencctnent of foreclosure protxedings within two years irnttaxiietciy preceding the commencement of a current
FHA PBJNSYWANIA IAORTtU1CrE- M~tS pao~a~ tna.ero.i3sz
PAMTGZ.F1tA 11!01!06 gage 5 0! 10 www.dbcmagfa,aom
T II
foreclosure proccedi»g, {ii} ninalatament will preclude foracioaura on diff'aront grounds in the futuro, or (iii)
reinatatotneet will. adversely affoct the priority of tho lien created by this Security (nstrwnatt,
I I. E3vrrower Not Released; Forbearance by leader Not a Waiver. Extension of the time of payment or
modification of amortization of tho soma secured by this Security Instrument gsaMcd by Lander to sny suatxssor in
interest of Borrower ahelE not operate to release the flabtliry of the original Borrower or Borrower's sorcessors in
fnterast. Candor shall not be required to commence proceedirrga against any successor in interest or rafuae to axtand
time for payment ar othorwisa modify amortization of the sums socurcd by this Security Iastrumcnt by reason oFany
demand made by tiro original Borrower or Borrower's succcasors i» intareat. Any forbearance by Lender in exercising
any right or romedy shall net be a waiver of or prelude the exerdse of arty risht or remedy.
i 2. Successors and Assigns Bound; Joint and Severs) l;.labiRty; Co-Slgacrs. The covenants and agreements
of this Security [natrurnent shall bind sad benefit the successors and assigns oP Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covonante and agreeuumts shalt be joint and several, Any Borrower who
co-signs this Security Instrument but does not execute the Note; (a} is oo-signing this Security instrument an(y to
mortgage, grant and. cotrvey drat Borrower's interest rn the Proporly under the terms of thi:3ocuriiy instrament (b)
1s not personally obligated to pay the sur»s a~rtred by this Security lnsbrumont; and (c) agrees that Tender and any
other Borrower may agree to extend, modify, farrbear or make any aacomrnodationa with regard to the terms of aria
Security insdvmatt or the Noce without that Borrower`s consent,
13. Notfera. Any notice to Borrower provided for in this Socruity lttsuronuurt shall be given by deltvoring it or
by meilhtg it by first class mail untrsa applicable taw regnires uac of another method. The notice shall be dirocted
to the Property Address or any other address Borrower designstea by notice to Lander. Any notice to Lavdcr shall
be given 6y Fast class mail to Lender's address stated herein or sny addrvas Lender designates by notice to Borrower.
Any noticx provided for in this Security Tnatrumcnt shall be deomod to have been given to 8orrovver or Loader when
bivan as provided in this paragraph.
1~. (7aaerrlrg I,srr; 3crverabgiiy. This Security instrunxsnt shall he govarnad by foderal law and the law of
the jurisdiction in which the Property is located, In the event that any provision ar clause of this Soourity Tnstnsmant
or tho Note conflicts with applicable .law, arch coetfliat shall not affoct other provisions of this Security instrument
or the Kota whiab can ba given effect without the aontliating provision. To this end the ptovislons of this Security
Inetrttmenl and the Note are declared to be aeverabla.
15. Borrower`s Copy. Borrower shall be givpt aneconforntcd copy ofthe Note and of this Security Inatrumenu
16, iiarardvus Srlrstsncea, Borrower shall not cause or permit file presence, 1NE, disposal, storage, or release
of arty Hazardous Subs~tancxs on or in the Property. Borrower shall not do, nor allow anyone alas to do, anything
affecting the Property that is in violation of any Bnvironmerttal Law, TMe preceding two santstroes shall not apply
to the presence, use, or sWragc oft life Property of small gmtttifics of Hazardous Substances that era genoralty
rocognizeQ to be appropriate to normal roaidentiai uses and b maintenerax of the Property.
Borrower shell promptly give Lends' writtat notice of any.invostigation, claim, demand, lawsuit or other action
by any govcrnmcntal or regulatory agency or private party irrvotving the Property and any Hazardous Substanco or
Bnvi rommcntat Law of which Bourower has actual knowlodgo. IfBorrower learns, or is notified by any gov~nttmnta!
yr regdatory authority, that any removal or other retncdiation of any Hazar/om Substas~oea afFeetittg the Property
is rroceasary, Harrower shall promptly take all noeesaary remedial actions in accordance with EnvironmenW Law,
As used In this paragraph 16, "Fla~srdaus Substances" are ttrosa substances definod ea toxin or Frezardous
substances by 13rrvironmenhl Law and the allowing aubstanee~ gaarrline, kerosene, other ftammabk or toxic
pa~oisum products, toxic pestiaidos and horbieidee, volatile ~Ivrxw, meteriak oontainiag asbestos or formaldehyde,
and radioactive materials. As used in this psaragraph l fi, "6nvironmettlal I.atr" means ftdcrai laws and laws of the
jurisdiotioa where the Propd~ty is located that niatato health, safety or enviromnental protection,
~ Pt~tsnvaNtA tweot7rctAae - a~ttits yak ~~,,,,~
PAMTGZ.FHA t 1101!08 Page 8 of t D www.tlleomapfa.aom
NON-UNlF~pRM COVIENANTS. Borrower and Lender fntKittx coverlets and agree as follows:
I T. Aaaigament +f Raab. Borrower uncortditionally assigns and transfers to Lender all the nests and revenues
of the Property. Borrower autborizes Lender or Lender' a agonta to collsot the rents and revenues and hereby directs
tech tenant of the Property to pay rho tart to Lender or Lender's agents, However, prior to Lender's notice to
Borrower of Borrower's breach of any covatmttt or agreement is the 3eeurity Instrument, Borrower shall collect and
receive ail rents and revemtes of the Property ea trustee for the benofit of Lender and Borrower. This assignment of
rcxtts atrstalitutcs an atssotute assignment and not an assignment far additional security only.
if Lender gives notioo of breach to Borrower: (a) alI ruts received by Borrower shad be held by Borrower as
trustee for benefit of Lendrx anty, to ba applied to the sums secured try tfie 3oatuity Ittatrtsntatt; (b) Lander shall be
entitbd to oaNect and receive all of the testa of the Property; and (c) each reseal of the Property shall pay all rents
due and unpaid to Cartier ar Lender`s agent on Lender's written dcsnand to the tenant,
8orrawer has not exoctsted any priar aaslgrnrtertt of the rents and has not and will trot perform any aci t!-at would
prevent Larder fi om exercising its rights under this paragraph 17.
Lender shall not ba required to aster upon, take control afar maintain the Property before or afior giving no6cc
of breach to Earower. Ifiowever, Lender or a judicially appointed receiver tray do so at any time there is a bratch.
Any applioalion of rents shall not cure or waive any datl3uk or invalidate any other right or remedy of Lender. This
assignment of rents of dte Property strati terminate when rite debt seaored by tha Security lnstrarncttt is paid in full.
18. Forecbsuro Procedure if Lender regdrp Immediate payment fa full unticr ~rag,raplt 9, Lender may
foreclose this 9acarity lnstruaserst by jsdicial proooodhtg and/or lnvake any other rgoedip permitted by
applioable lrsw. Lender shalt be oalitlcd to eollcat art expeasm iscurrod in punrring tAe rctscdlq provided or
referred to la tkb paragraph I13; istcladirrg, but apt limited to, aNeraaya' fep arsd hats of tEtk avidaaee to the
e:teat pereteftted by applkabk hrw:
if the Lcndkr': itttereat in tNa l'wcurity Instrument h held by rho $ecrotary, And the $tcretsry regsirca
immediate payment In faN under paragraph 9, the Secretary rrwy ltawko fbo sonjudlchsl power of salt prwidad
in the Shsgle FriasUy Mortgage For~ecloaure Act of 1994 ("Aet'~ (t2 U,S.C. 3751 gj Log.) br regoestisE ^
foreabarre wsastiisalanar designated order the Act to eommoace foroclasurc and to sell the Prztperty w provided
in the Act. Notlsbsg is lire preoedltsg tttrttenae ~:H deprlvo the Secretary pf any rights ofherwhu avallabk to
a lender ender tMs paraL~rapb t8 or appflcabk law.
i 4, Release Upon payment of all stuns socurod by this Security lnstttanent, the Seaority Tnatrttmratt srxi the
estate conveyed shell termirtata and become void. After such occsrrrence, Lander shall disehargt and satisfy this
Security [ttshltment. Borrowor shalt pay any recardatiat ooeta, Leader stay charge Harrower a Fee for reloaaing this
Security Tswtnsrttent, but only if the fee is paid to a third party for sorviees rendered atul the charring of the fee is
permitted undo applicable law,
20, Wah'Cts, Borrower, to the extcttt permitted by tspplicabk law, waives and roloases any error or defects in
proceedings to enforce this Security Instrument, and hereby waives the benefit of any presets or futssro laws providing
for stay of execution, extension of Time, exemption from attaahnteM, lovy and sale, and homestard axemptirxt,
21. Reiaatatemeat Period. BorroweP s timtto ranatate provided in paragraph 10 shall extend to ono hour prior
to the aot»moncement of bedding al a sheriff s sale or otitar raft purauanl to this Secwity Irtatrument.
ZZ. Pnmhaao Mosey Mortgage. if any of the debt scared by this Socarity Inattwtoertt is lent to Borrower to
acquire titto w the Property, this 3earQity Irtstrurrtertl shall be a purchase money rnortgagc.
Z3. fsterost R:te After Judg>tsest. Borrower sgreet .that the interest rate payable agar a judgtncttt is entered
o» the Note ar to an action of ntortgaga foreabaure shall be the raft payablo from time to time mtdar the Nate.
FHA PBdNSYtVAN1A MORTt3AGE - MI3iS t~oCMs~lt: fdlbltlr aooa~a.tser
PAM7t3L.FHA lt/ai/08 Page 7 of t0 wwtv,doamagla,twm
24. Riders to thb 3oettrity (natrurtrent, Tf ane or more riders ens exocurod by Torrower end r«rorded together
with this Soctnity Tnstrurnenk the oovecmrtts of each such rider ahe[I be incorporated iaro and sbalE srnend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument.
fCtreck applicable box(es)].
^ Condominium Rider ^ Graduated Payment Rider ^ t7rowing Equity Rider
^ Planned Unit lhvdopmant Rider ^ Adyustable Rate Rider ^ Rehabilitation Loan Rider
[] Non-Owner Occupancy Rider ^ Other [Specif~j
BY SIGN[NG BELOW, Borrower accepts and agroas b Ittc terms ootNsirtcd in pages T through 10 of this Socurity
Tnstrwnent end in any rider(s) exeouled by Borrower and reaordcd with iG
DUANE D . DI LSR •Borio~wer~
Wiencss;
-Boriawcc
-Sorry
~' `K:.].[.w\ Seel
LEAH M. DILL -Boriawei
Witness;
(~)
-Borrower
-13orr~ ter
F>•A PBVN3YLVAbtIA MORTGl1GE • M~i,S DocMagie~Ma~ae~~urreet
PAMTC$r.FHA 1 tl01/08 PeQe B of 10 www•dbon»p-e,ea~t-~
(Space Below Tble Une For Acknowledgrnentj
Sustc of PEIVNSYLVAI4IA
County of ~/itt B~rSLAA14
On this the ~ day of ~ ,before ma,. 4111
the undersigned officer, personally appearod DUAIJB D. DILLER AND LEAH M AI~,LT;R
known to me {or aaliefaetorily proven) to bo the person(s) whose name(s) ieWare anbxcribed to tjw within instrument
and acknowledged that helehelthey executed the same Por the pwposos there{n ooma+ned.
In witness whereof, T hereunto set my hand and official seals.
OITTifIS E ifMk, NDtl11Y PUbib
LoMV MYNtol1~F~ t~NIaMOAtMttwAnd
lNj- ~ Hbr1W SE9, 8D10
(~~
O~-~~
~-lf i Sa~~ ~/ h
Printed Name
N°T7''cy PirBc ~'e- .~--
Titlo of Officer
My commission expirost o2-.2.3 -,.24/d
FHA t~It4SYLVANIA MORTGAGt:- Adt3~{ DoeMeipiro eoo-ew.ner
PAMTGZ.FHA it101/08 Triage 9 d 10 w-.w.dbemegd~eam
C~rtificete of Refldence et Mortgaeee
The tmdorsigned hereby ccRiftcs that: {i) hc/ahc is tha Mortgagor oc the duly wthorized attornay or agent of
the Mortgagee named in the within instrument; and (ii) Mortgagee's procise rea~ence is:
3300 $. W. 34th Avenue, Suite 101, Ocala, Pi, 24474, ]?. 0. Box
2026, Flint, Michigan 48501-2026
Witness my hand this day of ~a
~h ~~lodtaer_, (~~_____~..
i oPM or or ' ty Autbortzcd Attorney or Agent
.
..~~n
Type a Print tame of Mertga®ee oraigagcc'$ Duly Autiaxiaed Afbrncy or Agent
FHA t+QAdSYt.VANIA M~tTt~AftE - trtB~.S ~~ ~ t
PAMTGZ.R~II t 1/01/08 Page 10 0l 70
Loan Number:
Date: DECEMBER 22, 2009
Proper{y Addross: 17 IAN COURx
SHIPPENSBQRG, PENNSYLVANIA 17257
D(HIl~IT "A"
I.~GAL DESCRIPTION
A.P.N. # 39-13-O1p2-082
OocIIMp-t ~ ~aa.~raes
wrw.dborn~yle torn
l1
..
AC.L the fvilowing described Taal eetabc Ixiut~ sad btatg aituerte in Soe~apr~pto~r
Towaslttp~ Ccar~brrhnctd County, ti~ealaRylvanea, boandod >ad Itmitod as to!lows;
E$lir'TAil~iIPIG rlan~ the read known as fim Cotact st a corner comaton w tae tat heroin
cx~nr~cyai swd Lot ~9 ~ the ~plaa od iota haeirallrar relbrrod ta; t~acc by ofd Y~ut Cwut,
North 7 dgpeea ZS mirr180es 3 ~ sccoa>ub ~Vost 102?A foe tv a pout; thatch aiaa8 Let 8[t
on the pIa>Q of Iota hertJtuf~r rcfemect to, Notch $2 da~+atsc 34 mioatwe` a9 tReet~pds &at
tsaca9 Meet to a pviat; ttts~ea atwtg lands »aw or tanserl~ of I.nvrenoc J. csnay, Saatlt
43 dgg~s 38 runuteu Sll sec~audo Twat 1 OZ.~iT fax eo a past; tbance atotig I.ot ~t op the
plan of lotcr 6areanad~er nafesrned to, 5oudh 82 daaroes 34 IgIt1l~IteS 29 a~ec+ouda 'R~pt 143.93
tit. ua a point, the ph4ve oC btgio>s~ir~g.
Go>usinttsg IS,AC14 scrya~e foe, ttnone s:r lass. and big desi8ns+ted as t:,oit YVo. iD o[P!>asa
II and a plan of tote otttitled `7.cmd 3ubdivitr3ots of Ph>nrlter YillaBe,"dated Mbar 18,
1993 aqd 1+ts+vlsot~ on Augtsst 2, 199b with to-wsn>~- cx~nel>aantt, pwopamed by Stayed P,
walf~, R. S„ ar-d recorded in C~traber~~d Cpurky Plan IIook 78, Pagtr ~7.
88ING fLe same premises which Marie 3. Kope, Wido.v, by deed dated 10/13!06 and reeardod 10/30/O6 is
Camber~nd Copety is book ~7? on page 16~, graatea And conveyed Hato Deane D. Diler sad Leah M.
Diller, >rfs wife, as teaaab by fire ea~rety.in fee.
Parcel ID No.: 34-13Y0102-002
E~
+1101889735+
5521 12/38/2989 ?6161163/1
l~
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COUR'I'I~IOUSE SQUARE
CARLISLE, PA X 7013
717-240-6374
Cnetrament Nuruber - ZOt800532
Recorded Oa l/7JZ0I0 At 1Os40:40 AM * Total Pegea -13
* Lgetrumant Type -MORTGAGE
I~evot~ce Number -58875 User m - KVV
"Mortgagor - DILLER, DUANE D
" Mar~tgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS lNC
* Cue~ner - U~ RECORDING INC
* FS15S
i3'1'ATE iTRIT '1'A7C $0.50
STATB JCS/ACCSSS Td $23.50
JQSTICB
Dnaa Fria - $29.00
RAt:OPDL~A OF DSED9
PARCEL c~cTxFxcarraN $10.00
Fnas
A~ xovsrxa $~x.so
GOCnFr~t A~cg=vis8 Fax ~~ . 00
aan A'~ca~vas FFas ~3.oa
TOTAL PAID $78.50
Certificadan PA~e
DO NOT DETACH
This page is now port
of this l~al document.
I Certify this to be recorded
in Camberlsed Couaty PA
Itacowna~ ot!~
"- IrRretatiae daoted byao tMrrdk sy cieeg~ darieR
tie veWAcsti*s protar tnd arty eat 1N ntbeted on R~ pe`a
iriA~iii
.~
MIN: Loan Number:
N ATE
FI•IA Casc No.
DECEMBER 22, 2009 PLYMOUTH MINNESOTA
[Date] [City) [Stan:]
17 IAN COURT, SHIPPENSBURG, PENNSYLVANIA 17257
[Prolx:rty AJdressJ
1. PART16
'Borro~vcr" tncans each person signittg az the end of this Note, and the person's suotxssors and assigns.
"Lcndcr" tncans SUMMIT MORTGAGE CORPORATION, DBA SUMMIT HOME
MORTGAGE, INC. , A MINNESOTA CORPORATION and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lcndcr, Borrower promises to pay the principal sum of
ONE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED SEVENTEEN AND
00/100 Dollars (U.S. S 136, 517.00 ),
plus interest, to the order of Lcttder. Itttcrest will be citargcd on un aid principal, from file date of disb»rsthnutt of
tltc loan proceeds by Lender, at tItc raft of FIVE AND 0001000 percent
( 5.000 %} per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's protnisc to pay is secured by a mortgage, decd of trust or sintilar security instrument that is dated
the same date as this Notc and called the "Security Instruutcnk" Tltc Sccttrity Instrument protaas the Lender front
losses which tuigitt result if Borrower defaults under this Nota
4. MANNER OF PAYMENT
(A) Titnc
Borrower shall make a payment of principal and intcrest to Lcndcr on tftc 1St day of each month beginning
on FEBRUARY 1, 2010 Any principal and intcrest remaining ott the 1St day of
JANUARY, 2040 ,wilt be due ou that date, which is called the "Maturity Date."
(B} Place
Paymcut shalt be made at 13 3 5 5 l OTH AVE . N . SUITE 10 0 , PLYMOUTH ,
MINNESOTA 55441
or at such other place
as Lcndcr may designate in writing by notice to Borrower.
(C} Amount
Eaclt monthly payment of principal and interest will be in tltc atnou»t of U.S. $ 73 2 . 8 5
Tltis amount will be part of a larger monthly payment required by the Security Instrument, that shat! be applied to
principal, intcrest attd otltcr itcttts in tltc order described in the Security Instrunt~htt.
(D) Allongc to this Notc for Paymcut Adjustments
If au allongc providing for paytnctrt adjustntcnts is executed by Borrower tog~~thcr with this Notc, tltc covenants
of the atlonge shat[ be inc;orporatcd into and shall atncud and supplctttcttt the covenants of this Notc as if the allongc
were a part of this Notc.
MULTISTATE -FHA FIXED RATE NOTE DOCMagIC P+'rCe&~ 8Q0.819-1362
USFHA.NTE 09/25/09 Page 1 of 3 www.docmagic.corrt
(Cheek applicable box.}
^ Growntg )equity Allougc
^ Graduated Payment Allottgc
^ Other [sP~fyl~
5. BORROWER'S RIGHT TO PREPAY
Borrower Ilse dtc right to pay dtc debt evidenced by this Note. in wlwle or in part, without charge: or penalty.
on flee f rst day of any mouth. Lends' shall accept prepayment ou odtcr days provided that Borrower pays interest
ou dtc atuoutu prepaid for dte remainder of die month to du; extent required by Lender and permitted by regulations
of the Secretary. If Borrower makes a partial prepayment, dtere will bc: no changes in the due date or iu dtc amount
of die monddy paymcxit unless Lcnda• agrees iu writing to dtose changes.
fi. BORROWER'S FAILURE TO PAY
(A) Latc Cltargc for Ovcrdae Payntcnts
If Leader has not received dte full monthly payntettt roquircd by the Security Instruntcnt, as described in
Paragraph 4(C) of this Notc. by die end of fiftccrt calcttdar days after the payment is due. Lender may collect a late
dtargc iu the autowu of FOUR AND 0 0 0 / 10 0 0 percent ( 4 . 0 0 0 %)
of die overdue atuomtt of each paynrcttt.
(B) Default
If Botrowq' defaults by failing to pay itt full any ntontltly payn-cnt. then Lender may. except as limited by
regulations of the Sectctaty in dte case of payutcttt defaults, require immediate payment itt full of dtc principal balance
rcuraiuiug dnc and all accrued interest. Lcndcr nary dtoose not to exercise this option without ~rrtiving itti rights in
dte event of any subsequent default. iu many eircuntstanecs, regulations issued by the Secretary will limit Lender's
rights to require immediate paymcut itt full in tltc caseof payment defaults. This Note dots not authorize acceleration
when not permitted by I•IUD regulations. As used in dais Note. "Seerctary" mtatts the Seerctitry of Housing and
Urban Dcvcloptuutt or his or her dcsi~tcc.
(C) Paytncnt of Costs and );zperscs
TfLettdcr Ilse required itumcdiatc paymcut in full, as described above. Lender may require Borrower to pay cosh
and expellers including rcasonablc and customary attorneys' fees for enforcing this Note to the extent not prohibitul
by applicable law. Such fees and costs shall bear interest from the date of disbursetucnt at the same rate as the
principal of this Notc.
7. WAIVERS
Borrotiver mid any odtet• person who has obligations under due Note waive dte rights of presentment and notice
of dishonor. "Presenhnettt" means dtc right to require Lender to deutitnd payment of amounts dnc. "Notice of
Dishonor" ttte:tns the tight to require Lender to give notice to other persons that amounts dnc Itavc not been paid.
8. GIVING OF NOTICES
Unless applicable taw requires a different method, any notice dkzt utust be given to Borrower under this Notc
will be given by delivcrittg it or by tttailing it by first class mail to Borrower at tftc Property Address above or at a
diffcrctrt addess if Borrower Itas given Lender a notice of Borrower's different address.
Auy notice that must be given to Lcndet under dtis Notc will be given by delivering it or by mailing it by first
cl•iss mail to Lcttdcr at dte address stated in Paragraph 4($) or at a differurt address if Borrower is given a notice of
drat diffcrcat address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more dtau one pcr•son sighs dtis Notc, each person is fully and pr:rsonally obligated to keep all of dtc promises
urade in dtis Note, including dte promise to pay the full amount owed. Any person who is a guarantor, suety or
endorser of dtis Note is also obligated to do dtcse things. Arty person wlto takes over these obligations, including
die obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of tltc promises made in
MULTISTATE -FHA FIXED RATE NOTE DocMagic P., eoaaao.r3a2
USFHA.NTE 09/25/49 Page 2 of 3 www.docmagic.com
this Notc. Lender may enforce its rights under this Note against each person individually or against all tignatori~
together. Any one person signing this Note may be required ro pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
,, ~ (Seal)
DUANE D . DILLER -Borrower
_ (Sea!)
-Borrower
_ (Scat}
-Borrower
s o ~~~ ~~~ . (S,~al}
LEAH M. DILL~k'~ -Borrrnvcr
. (Seat}
-Borrower
JPl PI '~a1@ ~t-ie
( D
y' ~t' r r
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MULTISTATE- FiiA FIXES RATE NOTE DocMagic Ph..~ObSL,~ B00.6d9-7362
USFIIA.NTE 09/25!09 Page 3 of 3 www.docmaglacom
Allonge to the Note for the Purpose of Endorsement
Borrowers•
DILLER, DUANE D.
DILLER, LEAH M.
Property Address: 17 IAN COURT
SHIPPENSBURG, PA 17257-
NOTE DATE: 12/22/2009
Date Loan Disbursed: 12/28/2009
OridnaI Principal Balance: 136517.00
Summit Loan Number:
Iavestor Loan Number: " ' " ~ "~ " `- `
Pay to the order of
3P ~lorg~,~ C~s;.~ gank, N~1
Its successors and / or assigns
Without Recourse
SUMMIT MORT E CO RATION, DBA SUMMIT HOME MORTGAGE INC., A
huNNESOT O I
By:
Print is Baue
Print title: AVP
a
°rrue and teRified Copy cif what was sent to
recording _
~~~
Prepared By /Return To:
E.LaaceJNTC, 2100 Alt. 19 North,
Palm Harbor, FL 34683
{800)346-9152
Loanf
Tax Code/PIN/[JPI #: 39-13-0102-082
i~w~e~~~~~i~i~
ASSIGNMENT OF MORTGAGE
Contact JPMORGAN CHASE BANK, N.A. far this instrument 780 Kansas Lane, Suite A, Monroe, LA
71203, telephone # (866) 756-8747, which is responsible for receiving payments.
FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the
undersiggnned, MORTGAGE ELECTRONIC REGISTRATTON SYSTEMS, iNC. AS NOMINEE FOR
SUMMIT MORTGAGE CORPORATION, DBA SUMMIT HOME MORTGAGE, INC., ITS
SUCCESSORS AND ASSIGNS PO BOX 2026, FLINT, MI, 48501 (HERS Address: 1901 E Voorhees
Street, Suite C, Danville, IL 61834) by these presents does convey, grant, assign, transfer and set over the
described Mortgage therein together with all intanest secured thereby, all liens, and any rights due or to bocome
due thereon to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS IS 700
KANSAS LANE, MC 8000, MONROE, LA 71203 (8ti~756-8747, ITS SUCCESSORS OR ASSIGNS,
(ASSIGNEE).
Said Mortggage is dated 12228009, in the amount of S 136,517.00, made by DUANE D. D[LLER AND LEAH
M. DII.LER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR
SUMMIT MORTGAGE CORPORATION, DBA SUMMTF HOME MORTGAGE, SIC., recorded on
01/072010, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Book n/a, Page
n/a, and/or Document # 201000532. .
Property is commonly known as: 17 IAN COURT TWP. OF SOUTHAIv1PTON, SH[PPENSBURG, PA 17257.
Dated on ~/~I2 (MM/DD/YYYY)
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SUMMIT
MORTGAGE CORPORATION, DBA SUMMIT HOME MORTGAGE, IlVC., ITS SUCCESSORS AND
ASSIGNS
By: r ~y e
~~ V ~ C~
ASST. SECRETARY
PAGE 1
JPCAS 17874572 -2 CHASE CJ42512803X NI MIN 6234 HERS PHONE 1-888-679-b377
'P0812103614 [C) FRMPA 1
*17874572*
True and terrified Copy of wti8t was seM to
~~ recording..
Loan #;
I~~~
STATE OF LOUISIANA PARISH OF OUACHTTA '
On ~/~_/2012 (MM/DD/YYYY), before me appeared t/ ~~`~ ~a ~ ~6t3Ye,
to me personally known, who did say that he/she/they islare the ASST. SECRETARY of MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SUMMIT MORTGAGE
CORPORATION, DBA SUMMIT HOME MORTGAGE, INC., TTS SUCCESSORS AND ASSIGNS and that the
instrument was signed on behalf of the corporation (or association), by authority from its board of directors, and
that he/she/they acknowledged the instrument to be the free act and deed of the corporation (or association).
otary Public ~ State o~ ISIANA ~~+~.1 s
Commission expires: Upon My Death ~~°''" '~cr ~:'
Assignment of Mortgga a from: ~~^'~~
MORTGAGE ELEONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SUMMIT
MORTGAGE CORPORATION, DBA SUMMIT HOME MORTGAGE, INC., ITS SUCCESSORS AND
ASSIGNS PO BOX 2026, FLINT, MI, 48501(MERS Address: 1961 E Voorhees Street, Suite C, Danville, Q.
61834)
to;
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS IS 706 KANSAS LANE,
MC 8000, MONROE, LA 71203 (866)756-8747, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE)
Mortgagor. DUANE D. DILLER AND LEAH M. DILLER
When Recorded Return To:
JPMorgan Chase Bank, NA
C/O NTC 2100 Alt, 19 North
Palm Harbor, FL 34683
All that certain lot or piece of ground situated in
Mortgage Premise: 17 IAN COURT TWP. OF SOUTHAMPTON
SHIPPENSBURG, PA 17257
CUMBERLAND
(Borargh or Township, if stated}, Commonwealth of Pennsylvania.
Being more particularly described in said mortgage.
I, L ~~~ 1(~,__~. rn~'~ . ,hereby certify that the below information and address
assignee are correct:
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, WHOSE ADDRESS LS 700 KANSAS
MC 8000, MONROE, LA 71203 (866)756-8747, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE)
B.
1 ASST. SECRETARY
for the
LANE,
PAGE 2
*17874572* JPCAS 17874572 -2 CHASE CJ42512803X Nl MIN MFRS PHONE
1-888-679-6377 70812103614 [C] FR tMPA 1
I~I~II
*17874572*
Chase (FL5-7734) CHASE ~
PO Box 44090
Jacksonville, FL 32231-4090
7190 1075 4460 0852 8047
I~~~III~~~I~~I~I~I~I~I~~~11~~1~~~1~111~~~~11„~~~III~~~I~I~~II
OOOt6959 HDLG CB 21212-BR640
DUANE D DILLER .
17 IAN CT
SHIPPENSBURG, PA 17257
NOTICE OF INTENT TO FORECLOSE MORTGAGE
Account: ~ "Loan")
Property Address: 17 IAN CT
SHIPPENSBURG, PA 17257 (the "Property")
Dear DUANE D DILLER:
July 30, 2012
Under the terms of the Mortgage or Deed of Trust ("Security Instrument") securing your Loan, JPMorgan
Chase Bank, N.A.("Chase"), as servicer of your loan, hereby notifies you of the following:
1. You are in default because you have failed to pay the required monthly installments commencing with
the payment due June 1, 2012 for the mortgage held by JPMorgan Chase Bank, National Association.
2. As of July 30, 2012, total monthly payments (including principal, interest, and escrow if applicable),
late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan
documents in the total amount of $2,158.28 are past due. This past-due amount is itemized below. If
applicable, your account may have additional escrow amounts that have been paid out and are due on
the Loan.
3. If you have any questions about the amounts detailed below, please contact us as soon as possible at
800-848-9380.
Total Monthly Payments $2,061.80
Late Fees $82.48
NSF Fees $0.00
Other Fees* $0.00
Advances* $14.00
Amount Held in Suspense $0.00
*Other Fees and Advances include those amounts assessed in accordance with your loan
documents, and/or permitted by applicable law, or that were authorized for services
rendered. If you need additional information regarding any of these amounts, please
contact us at the number provided below.
You are also responsible for paying any amounts that become due from the date of this letter through
the expiration date of September 1, 2012 set forth in Paragraph 4 below. These amounts may include,
but are not limited to, taxes, insurance, inspection fees and other fees, as permitted by applicable law.
Exh~b~ ' c-'
If you have any reason to dispute the past-due amount listed above, or if you believe your Loan is
current, please contact us at the number provided below.
If you are unable to pay your account current within 33 days, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owed on the original amount borrowed
will be considered due immediately and you may lose the chance to pay off the original mortgage in
monthly installments. If full payment of the amount of default is not made within 33 days, we also
intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the
mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage
debt. If we refer your case to our attorneys, but you cure the default before they begin legal
proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up
to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable
attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us,
which may also include our reasonable costs. If you cure the default within the 33-day period, you
will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under the
mortgage.
You have the right to cure the default, or anyone acting on your behalf, and pay your account current
anytime at least one hour prior to the commencement of bidding at a sheriff's sale or other judicial
sale, not more than three times in any calendar year. To do so, you must:
a) Pay qr tender in the form of cash, cashier's check or certified check all sums that would
have been due at the time of payment or tender in the absence of default and the exercise
of acceleration;
b) Perform any other obligation which you would have been bound to perform in the absence
of default or the exercise of acceleration;
c) Pay or tender any reasonable attorney's fees the reasonable costs of proceeding to
foreclosure that were actually incurred up to and including the date the debtor cures the
default, as specified in writing by the mortgagee
d) Pay any reasonable late penalty, if outlined in the mortgage
Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2
within 33 days from the date of this notice in order to cure this default. All late fees, NSF fees, and
other fees and advances are still valid and will need to be repaid under the terms of your loan
documents.
6. If you fail to cure the default on or before September 1, 2012, Chase may accelerate the maturity of
the Loan, declare all sums secured by the Security Instrument immediately due and payable, and
commence foreclosure by judicial proceeding and sale of the Property. If this happens, Chase will be
entitled to collect its expenses incurred in pursuing the remedies provided in the Security Instrument,
which may include, but not be limited to, allowable foreclosure/attorney fees and other expenses
permitted by your loan documents or applicable law.
7. If permitted by your loan documents or applicable law, you have the right to reinstate after
acceleration of the Loan and the right to bring a court action to assert the nonexistence of a default or
any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate
may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we
are entitled to collect under the Loan, including attorney fees, if permitted by law, related to any
foreclosure action we initiate.
8. Kindly remit the total amount due, shown in Paragraph 2 above, to the remittance address listed
below. Please note that Chase policy requires certified funds if two insufficient funds (NSF) payments
have been received in the last six months. In this event, Chase will not accept a Direct Check, FastPay
or SpeedPay payment. Payments cannot be made at Chase retail bank branches. Please refer to the
addresses below for payment information or contact us if you have any questions.
Regular Mail: CHASE
PO BOX 78420
PHOENIX AZ 85062-8420
Overnight Mail: CHASE
PO BOX 78420
` 1820 EAST SKY HARBOR CIRCLE
SOUTH PHOENIX, AZ 85034-9700
Except as required by law, we are under no obligation to accept less than the full amount owed. If
you send us less than the full amount owed, we may in our sole discretion apply such partial payment
to your Loan without waiving any default or waiving our right to accelerate the Loan and continue
with foreclosure proceedings in accordance with Paragraph 4 above.
9. If you are unable to pay the amount past due, Chase has a variety of homeowners' assistance
programs that might help you resolve your default and keep your home; however, we need to talk with
you to discuss these options and determine which of them might be appropriate for your
circumstances. Please call us as soon as possible at 800-848-9380.
10. While the Loan remains in default, we will perform certain tasks to protect our interest in the
Property, including visits to your Property at regular intervals during the default. This will be done to
determine, as of the date of the inspection the property condition, occupancy status, and, possibly,
your plans for curing the default and paying this Loan on time. You should anticipatethat any costs
incurred by Chase will be added to the amount you now owe if permitted by your loan documents or
applicable law.
11. You have additional rights to help protect your interest in the property. You have the right to sell the
property to obtain money to pay off the mortgage debt or to borrow money from another lending
institution to pay off this debt. You may have the right to sell or transfer the property subject to the
mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney fees and costs are paid prior to or at the sale (and that the
other requirements under the mortgage are satisfied). Contact us to determine under what
circumstances this right may exist. You have the right to have this default cured by any third party
acting on your behalf.
Chase offers homeownership counseling services to borrowers in some areas. Counseling is also available
through a variety of nonprofit organizations experienced in homeownership counseling and approved by the
Secretary of Housing and Urban Development (HUD). A listing of such organizations maybe obtained by
calling HUD toll-free at 800-569-4287 or at www.hud.gov.
Sincerely,
Chase
800-848-9380
800-582-0542 TDD /Text Telephone
www.chase.com '
Enclosure
- Federal Trade Commission Pamphlet
IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS
If you are or recently were on active duty or active service, you may be eligible for benefits and protections
under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or
eviction. You may also be eligible for benefits and protections under state law. SCRA and state military
benefits and protections also may be available if you are the dependent of an eligible servicemember.
Eligible service may include:
• Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or
• Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or
• Active service as a commissioned officer of the Public Health Service, or
• Service with the forces of a nation with which the United States is allied in a war or military action, or
• Service with the National Guard of a state militia under a state call of duty, or
• Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause.
For more information, please call Chase Military Services at 866-840-5826.
An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers
about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration,
"Borrowers should beware of any organization that attempts to charge a fee for housing counseling or
modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams
should be reported to PreventLoanScams.org or by calling 888-995-HOPE; 888-995-4673. We offer
loan modification assistapce free of charge (i.e., no modification fee required). Please call us immediately
at 866-550-5705 to discuss your options. The longer you delay, the fewer options you may have.
We are attempting to collect a debt, and any information obtained will be used for that purpose.
If you are represented by an attorney, please refer this letter to your attorney and provide us with the
attorney's name, address and telephone number.
To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy
under Title 11 of the United States Code, this notice is for compliance and/or informational purposes
only and does not constitute an attempt to collect a debt or to impose personal liability for such
obligation. However, a secured party retains rights under its security instrument, including the right to
foreclose its lien.
BR840
An important message from the Federal Trade Commission
Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to be
able to "rescue" homeowners from foreclosures, while others promise loan modifications - for a fee. The
Federal Trade Commission, the nation's consumer protection agency, wants you to know how to avoid
scams that could make your housing situation go from bad to worse.
Don't Get Hit by a Pitch.
"We can stop your foreclosure!"
"97% success rate!"
"Guaranteed to save your home!"
These kinds of claims are the tell-tale signs of a
foreclosure rip-off. Steer clear of anyone who offers
an easy out.
Don't Pay for a Promise.
Don't pay any business, organization, or person
who promises to prevent foreclosure or get you a
new mortgage. These so-called "foreclosure rescue
companies" claim they can herp save your home,
but they're out to make a quick buck. Some may
request hefty fees in advance -and then stop
returning your calls. Others may string you along
before disclosing their charges. Cut off all dealings
if someone insists on a fee.
Send Payments Directly.
Some scammers offer to handle financial
arrangements for you, but then just pocket your
payment. Send your mortgage payments ONLY to
your mortgage servicer.
Don't Pay for a Second Opinion.
Have you applied for a loan modification and been
turned down? Never pay fora "second opinion."
Imitations =Frustrations.
Some con artists use names, phone numbers, and
websites to make it look like they're part of the
government. If you want to contact a government
agency, type the web address directly into
your browser and look up any address you aren't
sure about. Use phone numbers listed on agency
websites or in other reliable sources, like the Blue
Pages in your phone directory. Don't click on links
or open any attachments in unexpected emails.
Talk to aHUD-Certified
Counseling Agency -For Free.
If you're having trouble paying your mortgage or
you've already gotten a delinquency notice, free
help is a phone call away. Call 1-888-995-HOPE
for free personalized advice from housing counseling
agencies certified by the U. S. Department
of Housing and Urban Development (HUD).
This national hotline -open 24/7 - is operated
by the Homeownership Preservation Foundation,
a nonprofit member of the HOPE NOW
Alliance of mortgage industry members and
HUD-certified counseling agencies. For free
guidance online, visit www.hopenow.com. For
free information on the President's plan to help
homeowners, visit
www.makinghomeaffordable. gov.
~ Federal Trade Commission
ftc.gov/MoneyMatters
Call
1-888-995-HOPE
for free personalized guidance from housing counseling agencies certified
by the U. S. Department of Housing and Urban Development. The
Homeowner's HOPETM Hotline -open 24/7 - is operated by the
Homeownership Preservation Foundation, a nonprofit member of the
HOPE NOW Alliance of mortgage industry members and
HUD-certified counseling agencies. Or visit
www. hopenow.com
For free information on the President's plan to help homeowners, visit
www. makinghomeaffordable.gov
#~k1loPENOw
Support& Guidance:For Hameowerets
~ ~ ~' SM
MAKING HOME AFFORDABLE.cov
Chase (FL5-7734)
PO Box 44090
Jacksonville, FL 32231-4090
,,,m..,I„1.1.1,I,L,,n„l,,,l,ul,,,.n,,,,,m,,,hl„
00016960 HOLO ZB 21212 -BR840
LEAH M DILLER
17 IAN CT
SHIPPENSBURG, PA 17257
NOTICE OF INTENT TO FORECLOSE MORTGAGE
Account: - - - ,oan")
Property Address: 17 IAN CT
SHIPPENSBURG, PA 17257 (the "Property")
Dear LEAH M DILLER:
CHASE ~
Jt,ly so, 2012
Under the terms of the Mortgage or Deed of Trust ("Security Instrument") securing your Loan, JPMorgan
Chase Bank, N,A.("Chase"), as servicer of your loan, hereby notifies you of the following:
1. You are in default because you have failed to pay the required monthly installments commencing with
the payment due June 1, 2012 for the mortgage held by JPMorgan Chase Bank, National Association.
2. As of July 30, 2012, total monthly payments (including principal, interest, and escrow if applicable),
late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan
documents in the total amount of $2,158.28 are past due. This past-due amount is itemized below. If
applicable, your account may have additional escrow amounts that have been paid out and are due on
the Loan.
3. If you have any questions about the amounts detailed below, please contact us as soon as possible at
800-848-9380.
Total Monthly Payments $2,061.80
Late Fees $82.48
NSF Fees $0.00
Other Fees* $0.00
Advances* $14.00
Amount Held in Suspense $0.00
*Other Fees and Advances include those amounts assessed in accordance with your loan
documents, and/or permitted by applicable law, or that were authorized for services
rendered. If you need additional information regarding any of these amounts, please
contact us at the number provided below.
You are also responsible for paying any amounts that become due from the date of~this letter through
the expiration date of September 1, 2012 set forth in Paragraph 4 below. These amounts may include,
but are not limited to, taxes, insurance, inspection fees and other fees, as permitted by applicable law.
If you have any reason to dispute the past-due amount listed above, or if you believe your Loan is
current, please contact us at the number provided below.
4. If you are unable to pay your account current within 33 days, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owed on the original amount borrowed
will be considered due immediately and you may lose the chance to pay off the original mortgage in
monthly installments. If full payment of the amount of default is not made within 33 days, we also
intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the
mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage
debt. If we refer your case to our attorneys, but you cure the default before they begin legal
proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up
to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable
attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us,
which may also include our reasonable costs. If you cure the default within the 33-day period, you
will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under the
mortgage.
You have the right to cure the default, or anyone acting on your behalf, and pay your account current
anytime at least ope hour prior to the commencement of bidding at a sheriffs sale or other judicial
sale, not more than three times in any calendar year. To do so, you must:
a) Pay or tender in the form of cash, cashier's check or certified check all sums that would
have been due at the time of payment or tender in the absence of default and the exercise
of acceleration;
b) Perform any other obligation which you would have been bound to perform in the absence
of default or the exercise of acceleration;
c) Pay or tender any reasonable attorney's fees the reasonable costs of proceeding to
foreclosure that were actually incurred up to and including the date the debtor cures the
default, as specified in writing by the mortgagee
d) Pay any reasonable late penalty, if outlined in the mortgage
Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2
within 33 days from the date of this notice in order to cure this default. All late fees, NSF fees, and
other fees and advances are still valid and will need to be repaid under the terms of your loan
documents.
6. If you fail to cure the default on or before September 1, 2012, Chase may accelerate the maturity of
the Loan, declare all sums secured by the Security Instrument immediately due and payable, and
commence foreclosure by judicial proceeding and sale of the Property. If this happens, Chase will be
entitled to collect its expenses incurred in pursuing the remedies provided in the Security Instrument,
which may include, but not be limited to, allowable foreclosure/attorney fees and other expenses
permitted by your loan documents or applicable law.
7. If permitted by your loan documents or applicable law, you have the right to reinstate after
acceleration of the Loan and the right to bring a court action to assert the nonexistence of a default or
any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate
may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we
are entitled to collect under the Loan, including attorney fees, if permitted by law, related to any
foreclosure action we initiate.
8. Kindly remit the total amount due, shown in Paragraph 2 above, to the remittance address listed
below. Please note that Chase policy requires certified funds if two insufficient funds (NSF) payments
have been received in the last six months. In this event, Chase will not accept a Direct Check, FastPay
or SpeedPay payment. Payments cannot be made at Chase retail bank branches. Please refer to the
addresses below for payment information or contact us if you have any questions.
Regular Mail: CHASE
PO BOX 78420
PHOENIX AZ 85062-8420
Overnight Mail: CHASE
PO BOX 78420
1820 EAST SKY HARBOR CIRCLE
SOUTH PHOENIX, AZ 85034-9700
Except as required by law, we are under no obligation to accept less than the full amount owed. If
you send us less than the full amount owed, we may in our sole discretion apply such partial payment
to your Loan without waiving any default or waiving our right to accelerate the Loan and continue
with foreclosure proceedings in accordance with Paragraph 4 above.
9. If you are unable to pay the amount past due, Chase has a variety of homeowners' assistance
programs that might help you resolve your default and keep your home; however, we need to talk with
you to discuss these options and determine which of them might be appropriate for your
circumstances. Please call us as soon as possible at 800-848-9380.
10. While the Loan remains in default, we will perform certain tasks to protect our interest in the
Property, including visits to your Property at regular intervals during the default. This will be done to
determine, as of the date of the inspection the property condition, occupancy status, and, possibly,
your plans for curing the default and paying this Loan on time. You should anticipatethat any costs
incurred by Chase will be added to the amount you now owe if permitted by your loan documents or
applicable law.
11. You have additional rights to help protect your interest in the property. You have the right to sell the
property to obtain money to pay off the mortgage debt or to borrow money from another lending
institution to pay off this debt. You may have the right to sell or transfer the property subject to the
mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney fees and costs are paid prior to or at the sale (and that the
other requirements under the mortgage are satisfied). Contact us to determine under what
circumstances this right may exist. You have the right to have this default cured by any third party
acting on your behalf.
Chase offers homeownership counseling services to borrowers in some areas. Counseling is also available
through a variety of nonprofit organizations experienced in homeownership counseling and approved by the
Secretary of Housing and Urban Development (HUD). A listing of such organizations may be obtained by
calling HUD toll-free at 800-569-4287 or at www.hud.gov.
Sincerely,
Chase
800-848-9380
800-582-0542 TDD /Text Telephone
www.chase.com
Enclosure
- Federal Trade Commission Pamphlet
IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS
If you are or recently were on active duty or active service, you maybe eligible for benefits and protections
under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or
eviction. You may also be eligible for benefits and protections under state law. SCRA and state military
benefits and protections also may be available if you are the dependent of an eligible servicemember.
Eligible service may include:
• Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or
• Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or
• Active service as a commissioned officer of the Public Health Service, or
• Service with the forces of a nation with which the United States is allied in a war or military action, or
• Service with the National Guard of a state militia under a state call of duty, or
• Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause.
For more information, please call Chase Military Services at 866-840-5826.
An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers
about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration,
"Borrowers should beware of any organization that attempts to charge a fee for housing counseling or
modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams
should be reported to Pr~ventLoanScams.org or by calling 888-995-HOPE; 888-995-4673. We offer
loan modiftcation assistance free of charge (i.e., no modiftcation fee required). Please call us immediately
at 866-550-5705 to discuss your options. The longer you delay, the fewer options you may have.
We are attempting to collect a debt, and any information obtained will be used for that purpose.
If you are represented by an attorney, please refer this letter to your attorney and provide us with the
attorney's name, address and telephone number.
To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy
under Title 11 of the United States Code, this notice is for compliance and/or informational purposes
only and does not constitute an attempt to collect a debt or to impose personal liability for such
obligation. However, a secured party retains rights under its security instrument, including the right to
foreclose its lien.
BR840
An important message from the Federal Trade Commission
Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to be
able to `Yescue" homeowners from foreclosures, while others promise loan modifications - for a fee. The
Federal Trade Commission, the nation's consumer protection agency, wants you to know how to avoid
scams that could make your housing situation go from bad to worse.
Don't Get Hit by a Pitch.
"We can stop your foreclosure!"
"97% success rate!"
"Guaranteed to save your home!"
These kinds of claims are the tell-tale signs of a
foreclosure rip-off. Steer clear of anyone who offers
an easy out.
Don't Pay for a Promise.
Don't pay any business, organization, or person
who promises to prevent foreclosure or get you a
new mortgage. These so-called "foreclosure rescue
companies" claim they can help save your home,
but they're out to make a quick buck. Some may
request hefty fees in advance -and then stop
returning your calls. Others may string you along
before disclosing their charges. Cut off all dealings
if someone insists on a fee.
Send Payments Directly.
Some scammers offer to handle financial
arrangements for you, but then just pocket your
payment. Send your mortgage payments ONLY to
your mortgage servicer.
Don't Pay for a Second Opinion.
Have you applied for a loan modification and been
turned down? Never pay for a•"second opinion."
Imitations =Frustrations.
Some con artists use names, phone numbers, and
websites to make it look like they're part of the
government. If you want to contact a government
agency, type the web address directly into
your browser and look up any address you aren't
sure about. Use phone numbers listed on agency
websites or in other reliable sources, like the Blue
Pages in your phone directory. Don't click on links
or open any attachments in unexpected emails.
Talk to aHUD-Certified
Counseling Agency -For Free.
If you're having trouble paying your mortgage or
you've already gotten a delinquency notice, free
help is a phone call away. Call 1-888-995-HOPE
for free personalized advice from housing counseling
agencies certified by the U.S. Department
of Housing and Urban Development (HUD).
This national hotline -open 24/7 - is operated
by the Homeownership Preservation Foundation,
a nonprofit member ofthe HOPE NOW
Alliance of mortgage industry members and
HUD-certified counseling agencies. For free
guidance online, visit www.hopenow.com. For
free information on the President's plan to help
homeowners, visit
www. makinghomeaffordable. gov.
~ Federal Trade Commission
ftc.gov/MoneyMatters
Call
1-888-995-HOPE
for free personalized guidance from housing counseling agencies certified
by the U. S. Department of Housing and Urban Development. The
Homeowner's HOPETM Hotline -open 24/7 - is operated by the
Homeownership Preservation Foundation, a nonprofit member of the
HOPE NOW Alliance of mortgage industry members and
HUD-certified counseling agencies. Or visit
www.hopenow.com
For free information on the President's plan to help homeowners, visit
www.makinghomeaffordable.gov
'~'A'~HOPENOW
Supporc& Guidance:For-HOmeow~rers
^ ~~~, SM
MAILING HOME AFFORDABLE.cov
VERIFICATION
~na+iA ~Yu hereby states that h is a is~~ D ~!t
of JPMorgan Chase Bank, N.A., in this matter and is authorized to make this Verification.
The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are
true and correct to the best of hi er owledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 49()4 relating to unsworn falsification to authorities.
DATE: ~ '~D~ l a
Name: A~~7L~,q-p.
Title: V-~ F>
Company: JPMorgan Chase Bank, N.A.
S 8c D FILE NO: 12-(}42415
Duane D. Diller and Leah M. Diller
FORM 1
JPMorgan Chase Bank, National Association
Duane D. Diller
VS.
17 Ian Court
Shippensburg, PA 1725.7
Leah M. Diller
17 Ian Court
Shippensburg, PA 17257
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PF,NNSYLVANIA
Plaintiff(s)
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Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
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You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,
you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this
matter with your lender. ,
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If you do not have a lawyer, you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact
MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and
request appointment of a legal representative at no charge to you. Once you have been appointed a legal
representative, you must promptly meet with that legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
legal representative complete a financial worksheet in the format attached hereto, the legal representative
will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the
Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your
lender in an attempt to work out reasonable arrangements with your lender before the mortgage
foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal'representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff(s)
VS.
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,
you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this
matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact
MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and
request appointment of a legal representative at no charge to you. Once you have been appointed a legal
representative, you must promptly meet with that legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
legal representative complete a financial worksheet in the format attached hereto, the legal representative
will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the
Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your
lender in an attempt to work out reasonable arrangements with your lender before the mortgage
foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds
forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND
TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date
~--
[Signature of ounsel r Plaintiff)
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances
to determine possible options while working with your
Please Arovide the following information to the best of vour knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household
First Mortgage Lender:_
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
State: Zip:
Yes ^ No ^ Listing Date: Price:$
Realtor Phone:
Yes ^ No ^
Home:
Cell:
State: Zip:
Office:
Other:
How Long?
State: Zip:
Home: Office:
Cell: Other:
How Long?
Date You Closed Your Loan:
Total Mortgage Payments Amount:$ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the Loan in Bankruptcy? Yes ^ No ^
If yes, provide names, location of court, case number & attorney
Assets
Home:
Other Real Estate:
Retirement Funds:
Investments:
Checking:
Savings:
Other:
Amount Owed Value
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Automobile # 1: Model: Year:
Amount Owed: Value:
Automobile #2: Model: Year:
Amount Owed: Value:
Other transportation (automobiles, boats, motor~cles~ Model:
Year: Amount Owed: Value:
Monthly Income:
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses:(Please only include expenses you are currently pavingl
EXPENSE AMOUNT EXPENSE AMOUNT
Mona e Food
2" Mort a e Utilities
Car Pa ent s Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fueUre airs Other ro . Pa merit
Install. Loan Pa merit Cable TV
Child Su ort/Alim. S endin Mone
Da /Child Care/Tuit. Other Ex enses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ^ No ^
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
2
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ^ No ^
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to
resolve your delinquency?
Yes ^ No ^
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Servicing Company (Name):
Phone:
Contact: Phone:
I/We, ,authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of
evaluating m financial situation for possible mortgage options. I/We understand that I/We
am/are under no obligation to use the services provided by the above named
Borrower Signature
Co-Borrower Signature
Date
Date
Please forward this document along with the following information to lender and lender's
counsel:
~ Proof of income
~ Past 2 bank statements
~ Proof of any expected income for the last 45 days
~ Copy of a current utility bill
~ Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
~ Listing agreement (if property is currently on the market)
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household
Yes ^ No ^
Yes ^ No ^
State: Zip:
Home: Office:
Cell: Other:
How Long?
Home:
Cell:
State: Zip:
Office:
Other:
How Long?.
First Mortgage Lender:
Type of Loan:
Loan Number: Date
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount:$ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
State: Zip:
Listing Date: Price:$
Realtor Phone:
You Closed Your Loan:
Is the Loan in Bankruptcy? Yes ^ No ^
If yes, provide names, location of court, case number & attorney.
Assets
Home:
Other Real Estate:
Retirement Funds:
Investments:
Checking:
Savings:
Other:
Automobile # 1: Model:
Amount Owed Value
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Amount Owed: Value:
Automobile #2: Model:
Amount Owed: Value:
Other transportation (automobiles, boats, motorcvclesl: Model:
Year: Amount Owed: Value:
Monthly Income:
Name of Employers:
1.
Year:
Year:
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Exnenses:(Please only include expenses vnu are currently navinal
EXPENSE AMOUNT EXPENSE _ _ AMOUNT
Morta a Food
2" Mort a e Utilities
Car Pa ment s Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fueUre airs Other ro . Pa ent
Install. Loan Pa ent Cable TV
Child Su ort/Alim. S endin Mone
Da /Child Care/Tuit. Other Ex enses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ^ No ^
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:.
2
Email
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ^ No ^
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ^ No ^
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Phone:
Servicing Company (Name):
Contact: Phone:
I/We, ,authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating m financial situation for possible mortgage options. I/We
understand that I/We am/are under no obligation to use the services provided by the
above named
Borrower Signature
Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and
lender's counsel:
~ Proof of income
~ Past 2 bank statements
~ Proof of any expected income for the last 45 days
~ Copy of a current utility bill
~ Letter explaining reason for delinquency and any supporting
documentation
(hardship letter)
~ Listing agreement (if property is currently on the market)
FORM 3
IN THE COURT OF COMMON PLEAS OF
JPMorgan Chase Bank, National Association CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs. .
Duane D. Diller
17 Ian Court '
Shippensburg, PA 17257
Leah M. Diller
17 Ian Court
Shippensburg, PA 17257
DEFENDANTS
Defendant(s) Civil
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated , 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this
mortgage foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure
Diversion Program" and has taken all of the steps required in that Notice to be
eligible to participate in acourt-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Signature of Defendant's Counsel/Appointed Date
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
FORM 4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
vs.
Defendant(s) Civil
CASE MANAGEMENT ORDER
ANDNOW, this day of
20 ,the defendant/borrower in the
above-captioned residential mortgage foreclosure action having filed a Request for Conciliation
Conference verifying that the defendant/borrower has complied with the Administrative Rule
requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND
DECREED that:
1. The parties and their counsel are directed to participate in acourt-supervised
conciliation Conference on
at .M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant/borrower's failure to serve the completed Form 2 within the time
frame set forth herein or such other date as agreed upon by the parties in writing or
ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and~the temporary stay of proceedings shall be terminated.
3. The defendant borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend'the Conciliation Conference in person or be available by telephone during
the course of the Conciliation Conference. The representative of the plaintiff/lender
who participates in the Conciliation Conference must possess the actual authority to
reach a mutually acceptable resolution, and counsel for the plaintiff/lender must
discuss resolution proposals with the authorized representative in advance of the
Conciliation Conference. If the duly authorized representative of the plaintiff/lender is
not available by telephone during the Conciliation Conference, the Court will schedule
another Conciliation Conference and require the personal attendance of the authorized
representative of the plaintiff/lender at the rescheduled Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT
J.
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SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE r '
w
ATTORNEY I.D. NO: PA Bar# 78447 y,
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406 r
TELEPHONE: (610)278-6800
S & D FILE NO. 12-042415
JPMorgan Chase Bank,National Association COURT OF COMMON PLEA
PLAINTIFF CIVIL DIVISION r"
CUMBERLAND COUNTY ry
VS.
NO: 12-7274 Civil
Duane D. Diller and Leah M. Diller
DEFENDANTS
PRAECIPE TO SATISFY MORTGAGE
FORECLOSURE JUDGMENT
ENTERED MARCH 4, 2013
TO THE PROTHONOTARY:
Kindly mark the Judgment of record in this matter satisfied.
SHAPIRO & DeNARDO, LLC
BY:
Christopher A. DeNardo, Esquire
Attorney for Plaintiff
Oakb
C4C,j+lgtb Ltq�
12 a$g71�
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE
ATTORNEY I.D. NO: PA Bar# 78447
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 12-042415
JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS
PLAINTIFF CIVIL DIVISION
CUMBERLAND COUNTY
VS.
NO: 12-7274 Civil
Duane D. Diller and Leah M. Diller
DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that I have served a�tr1ue and correct copy of the Praecipe to Satisfy
Mortgage Foreclosure Judgment on �"l to all parties named herein at their
last known address or upon their attorney of record as below listed by regular mail, postage
prepaid:
Duane D. Diller
5 Robin Drive
Shippensburg, PA 17257
Leah M.Diller
5 Robin Drive
Shippensburg,PA 17257
SHAPIRO & DeNARDO, LLC
BY: ee—�.
Christopher A. DeNardo, Esquire
Attorney for Plaintiff