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13-0762
PHELAN HALLINAN, LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 a' ;-n 1617 JFK Boulevard, Suite 1400 Q 'R One Penn Center Plaza C Philadelphia, PA 19103 v 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY ANDREW FISH No. 13-762 CIVIL Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of the Plaintiff, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION in the above captioned matter. Phelan Hallinan, LLP Date: By: F. Z cke sq., Id. No.309519 Attorney for Plaintiff Phelan Hallinan, LLP PHS#323320 PHELAN HALLINAN, LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY ANDREW FISH No. 13-762 CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Entry of Appearance was served by regular mail on Defendant(s) on the date listed below: ANDREW FISH 230 11TH STREET NEW CUMBERLAND, PA 17070-1617 Phelan Hallinan, LLP Date: KU By: G F. Zucker , Esq., Id. No.3095 Attorney for Plaintiff Phelan Hallinan, LLP PHS#323320 9 jj, IF Tt'1 --p- THO GRENEN &BIRSIC,P.C. M13 AUG Ali 10, C,,1.,� Attorney for Plaintiff One Gateway Center,Ninth Floor Pittsburgh,PA 15222 cUtIBERLAHO COUNTY 412-281-7650 PENNSWI"'tA JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY ANDREW FISH No. 13-762 CIVIL Defendant WITHDRAWAL OF APPEARANCE To the Prothonotary: Kindly withdraw my appearance on behalf of Plaintiff,JPMORGAN CHASE BANK, NATIONAL ASSOCIATION. Grenen&Birsic, P.C. Date: Attorney for Plaintiff PHELAN HALLINAN, LLP _ 33 Joseph P. Schalk, Esq., Id. No. 91656 ,. �,a . I#3 Attorney for Plaintiff 126 Locust Street ' ` Harrisburg, PA 17101 r; r :LAND 215-563-7000 3. i INAN JPMORGAN CHASE BANK, Court of Common Pleas NATIONAL ASSOCIATION, Civil Division Plaintiff v. No. 13-762-CIVIL ANDREW FISH Cumberland County Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, JPMorgan Chase Bank, National Association (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On February 14, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due June 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On March 1, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. A true and correct copy of the Sheriffs Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 817078 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: 443_ BY: •� � a' ark •sep A.chalk, Esquire Attor ey for Plaintiff 817078 • • Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, CIVIL DIVISION NATIONAL ASSOCIATION, ? �, Plaintiff, NO.: 3- tQ ,T _ ^ 1 G i l-t �UV.l �., -_ ti VS. TYPE OF PLEADING -r, ANDREW FISH, T CIVIL ACTION-COMPLAD Defendant. IN MORTGAGE FORECLOSIIE ' 7; TO TO DEFENDANT FILED ON BEHALF OF PLAINTIFF: You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS JPMorgan Chase Bank, National FROM SERVICE HEREOF Association + � COUNSEL OF RECORD FOR THIS nTTORN-w FOR Pt. 04 TO; PARTY: Kristine M. Anthou, Esquire t HEREBY CERTIFY THAT THE ADDRESS Pa. I.D. #77991 OF THE PLAINTIFF IS: 1 111 Polaris Parkway Columbus.OH 43240 Daniel J. Birsic, Esquire Pa. I.D. #48450 AND THE DEFENDANTS IS New Cuu mberberlg GRENEN & BIRSIC, P.C. Ncand,Pennsylvania 17070 One Gateway Center Ninth Floor e� Pittsburgh, PA 15222 ATTORNEY FOR PLAINTIFF (412)281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 230 1 1'h Street,Borough of New Cumberland. (CITY,BORO,TOWNSHIP,WARD) k.1 A1`t'ORNtiY FOR PLAINTfFF 0.„„ Q&c ` X3 ' 5 kk \U U to kckk IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, CIVIL DIVISION NATIONAL ASSOCIATION, Plaintiff, NO.: vs. ANDREW FISH, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty(20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 or Toll Free(800)990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JPMORGAN CHASE BANK, CIVIL DIVISION NATIONAL ASSOCIATION, Plaintiff, NO.: vs. ANDREW FISH, Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE JPMorgan Chase Bank, National Association, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is JPMorgan Chase Bank,National Association, which has a place of business at 1111 Polaris Parkway, Columbus, Ohio 43240 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, Andrew Fish, is an individual whose last known address is 230 1 Street, New Cumberland, Pennsylvania 17070. 3, On February 27, 2009, Defendant executed a Note in favor of Guaranteed Home Mortgage Company, Inc. in the original principal amount of$135,009.00, A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On February 27, 2009, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as Nominee for Guaranteed Home Mortgage Company, Inc., its successors and assigns, a Mortgage in the original principal amount of$135,009.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 9, 2009 in Mortgage Book Instrument Number 200906656. A true and correct copy of said Mortgage, containing a description of the premises subject to the Mortgage ("Mortgaged Premises"), is marked Exhibit "B", attached hereto and made a part hereof. 5. On February 16, 2011, Defendant made, executed and delivered to Plaintiff a Loan Modification Agreement for the new principal amount of$146,884.08. A true and correct copy of said Loan Modification Agreement is marked Exhibit "C", attached hereto and made a part hereof. 6. On October 22, 2012, Mortgage Electronic Registration Systems, Inc. as Nominee for Guaranteed Home Mortgage Company, Inc., its successors and assigns, assigned all of its right, title and interest in and to the Mortgage to Plaintiff pursuant to the terms of a certain Assignment of Mortgage, in the process of being recorded in the office of the Recorder of Deeds of Cumberland County, A true and correct copy of said Assignment of Mortgage is marked as Exhibit "D", attached hereto and made part hereof. 7, Defendant is the record and real owner of the aforesaid Mortgaged Premises. 8. Defendant is in default under the terms of the Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the June 1, 2012 payment. 9. Plaintiff was not required to send Defendant written notice pursuant to 35 P.S. §1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983, Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. §1707 1715z 18). 10, On July 30, 2012, Defendant was mailed Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974,41 P.S. §101, et seq. 11, The following amounts are due to Plaintiff on the Mortgage as of December 31, 2012: Principal $145,547.83 Interest from 05/01/12 through 12/31/12 $ 3,881.28 Late Charges $ 119.52 Escrow Advance $ 3,952.29 Corporate Advances $ 56.00 Attorneys' Fees $ 650.00 Foreclosure Costs $ 353.75 TOTAL $154,560.67 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant in the sum of $154,560.67, together with interest, costs, fees, and charges collectible under the note and mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. GRENEN&BIRSIC, P.C. BY: Daniel.1. Birsic,Esquire Kristine M. Anthou Attorneys for Plaintiff One Gateway Center,Ninth Floor Pittsburgh,PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. • F,XHIBIT "A" it MIN: 1003356-0901140107-4 Loan Numberia NOTE iiiiiiiiiilli FEBRUARY 27, 2009 WHITE PLAINS NEW YORK tnaw( ICayl (sum) 230 11TH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070 (Property Addranl 1. PARTIES "Borrower"means each person signlog at the end of this Note, and the person's successors and assigns. "Lender"means GUARANTEED HOME MORTGAGE COMPANY, INC., A NEW YORK CORPORATION and Us successors and assigns, 2. BORROWER'S PROMISE TO PAY;INTEREST Jn return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED THIRTY—FIVE THOUSAND NINE AND 00/100 Dollars(U.S.$ 135,009,00 plus interest,to the order of Lender, interest will be charged on unpaid principal,from the date of disbursement of the loan proceeds by Lender,at the rate of FIVE AND 500/1000 percent ( 5.500 %)per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage,deed of trust or similar security Instrument that is dated the same date as this Note and called the"Security Jaslrumoal." The Security Instrument protects the Lender from losses which mtghi result if Borrower defaults under this Note, 4. MANNER OF PAYMENT (A)Time Borrower shall make a payment of principal and interest to Lander on the 1st day of each month beginning on APRIL 1, 2009 , Any principal and interest remalatng on the 1st day of MARCH, 2039 ,will be due no that dale,which is called the"Maturity Date." (B) Place Payment shall be made at 2 GANNETT DRIVE, STE. 110, WHITE PLAINS, NEW YORK 10604 ,or at such other place as Louder may dosigoale is writing by notice to Borrower, (C)Amount Each monthly payment of principal and lateral will be In the amount of U.S.S 766.57 This amount will be part of a larger moodily payment required by the Security lnsdrwnent,that shall be applied to principal,interest and other items in the order described hr the Security Instrument. (D) Mange to lids Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note,the covenants of the allonge shall be Incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of tin Note. MULTISTATE-FHA F XED RATE NOTE DocMegrc Maw 80040.1141 USFNA,NTE 06/01/O8 Page 1 at 3 www.downa¢o.com vas.,,e.toil � I (Check applicable box,) ❑ Graving Equity Allongo s ❑ Gradualed Payment Allongo ❑ Other(specify): 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Nolo,In whole or in part,without charge or penalty, on the Ara day of any month, Lender shall accept prepayment on other days provided deal Borrower pays interest on the amount prepaid for the remainder of the mouth to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment,there will be no changes ln'fhe due dale or In the amount of the monthly payment unless Lender agrees in writing to those changes. 8. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the lull smoothly payment required by the Security instrument,as described In Paragraph 4(C)of this Note,by the end of Moen calendar days after the payment is due,Lender may collect a late charge In the amount of FOUR AND 000/1000 percent( 4.000 96) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay In full any monthly payment,then Lender may,except as limited by regulations of the Secretary in the case of payment defaults,require immediate payment in full of the principal balance remaining due and all accrued Interest. Lender may choose not to exercise this option without waiving Its rights In the event of any subsequent default. In many circumstances,regulations issued by the Secretary will limit Lender's rights to require immediate payment In full fa the case of payment defaults, This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Nolo,"Secretary"means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required Immediate payment in full,as described above,Lender may require Borrower to pay costs end expanses including reasonable and customary attorneys'fees for enforcing this Note to the extent not prohibited by applicable law. Such foes and costs shall boar Interest from Iha date of disbursement at the some rale as the principal of this Nola. 7. WAIVERS Borrower and any oilier person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require Lender to demand payment of amounts due, 'Notice of Dishonor'means liw right to require Lender to give notice to other parsons that amounts due have not been paid. 8. GIVING OF NOTICES Ualees applicable law requires a different method,any notice that must be given to Borrower under this Note will bo given by delivering II or by mailing it by first clam mall to Borrower at the Property Address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that most be given to Lender under this Note will be given by delivering It or by mailing it by first class mall to Lender at the address staled to Paragraph 4(B)or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more User one person signs this Note,each person Is fully and personally obligated to keep all of the promises made in Ibis Note,Including the promise to pay the full amount owed. Any person who is a guarantor,surety or endorser of this Note Is also obligated to do these things. Any person who takes over these obligations, Including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in MULTISTATE•FHA FIXED RATE NOTE aocMple IM MO 10040.1461 USFIIA.NTE 06/01/06 Page 2 or 3 www.damn•le.com • this Note. Lender may enforce its rights under this Nate against each person Individually or against all signatories together. Any one person signing this Note roay be required to pay all of the amounts owed under this Note. BY SIGNING BELOW,Borrower accepts and agrees to be terms and covenants contained In this Note. � . _.._.._.. (Seal) (Seal) tt'iRB' ISE -Borrower -Borrower (Seal) (Seal) •Borrower -Borrower (Seal) (Seal) -Borrower •Borrower wir® � JP Morgan Chase Bank, N.A. UKIE ft gyA� ACT BY \ �. to 1�, ! ROSANNE HANLEY .t ! " VICE Pfi IiIDENT j * AsAtit + (Sign Original Only] MULTISTATE•FNA FIXED RATE NOTE nocaragrc elPe rpay eaoxaJaN USFHA.NTE 05/01/08 Page 3 of 3 www.abanayb.aam • {f4ra+xW.w1 I5 1 EXHIBIT 'S" II W. r NNW,iiiliellelelliellele111.111.10111111111111 • .1C IC -e 111111111111 Ito1 Tins Instrument Prepared By: After Rc ordin Return To: fiCtiE 2 COMM STE. 0CX AT7Yr ]t3C, WHITE PLUMS, NeW YORK 10604 Iioar1 Number: FA09011401PY Uniform Parcel Identifier Number: Property Address: 230 11TH STREET NEW CUMBERLAND, PENNSYLVANIA 17070 c1/4 L�-C e -Oelak (Space Above This Line For R ng MORTGAGE 'FHA CASE Na MIN: 1003356-0901190107-9 THIS MORTGAGE("Security Instrument")Is given on FEBRUARY 27, 2009 Thu mortgagor Is ANDREW FISH ('Borrower"). This Security Instrument is giver to Mortgage Electronic Registration Systems,Inc.("MERS")as Mortgagee.MERS is the nominee for Lender,as hereinafter defined,and Lender's micceaora and assigns. MERS is organized and existing wider the laws of Delaware,and has a mailing address otP.O.tier 20x6,Mat,MI 18501-2020 and a street address or 9300 s,W,34t1 Avenue,Suite 101,Ocala,FL 34474,lel.(888)678.MERS. GUARANTEED 14DFaE MCkt!IGAGE COMPANY, INC., A NEW YORK I ATII I ("Lender") is organized and existing under the laws of NEW YORK and has an address of 2 GANNETT DRIVE, STE. 110, WHITE PLAINS, NEW YORK 10604 Borrower owes Lender the principal sum of ONE HUNDRED THIRTY-FIVE THOUSAND NINE AND 00/100 Dollars(U.S.i 135,009.00 ). Tlds debt Is evidenced by Borrower's nolo dated the same data as this Security Iaatrumenl("Note"),wbich provides for monthly payments,with the Rill debt,if not paid earlier,duo and payable on MARCH 1, 2039 FHA PENNSYLVANIA MORTGAGE•MFRS DoCMagia 1y41aa as soaaorxa PAMTGZ.f'HA 11101/00 Pa9e•1 or 10 www.doanegkcom Ysr"rana.mi 1001111101110111.66t.,-,-- . ) Chic;agoTide Insurance Company SCHEDULE A (continued) Commitment No.09.8083 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate In the Borough of New Cumberland,County of Cumberland and Commonwealth of Pennsylvania,bounded and described as follows,to wit: BEGINNING ata point on the Southerly line of Eleventh,formerly Williams Street,at the Easterly Ilne of a ten(10) feet wide alley;thence continuing along the Southerly line of Eleventh Street In an Easterly direction,thirty-seven and sixty-six hundredths(37,88)feet to the Westerly line of lot numbered 138,plan of lots hereinafter mentioned; thence Southwardly at right angles to Eleventh Street one hundred(100)feet to the Northerly line of a tee(10) feet wide alley; thence by the Northerly line of said last mentioned alley Westwardly, parallel with the line of Eleventh Street,thirty-seven and sixty-six hundredths(37.88)feet, more or less,to the Easterly line of the first abovementioned ten(10)feet wide alley;and thence by the Easterly line of said alley Northwardly one hundred (100)feet to the Southerly line of Eleventh Street,the point or place of BEGINNING. HAVING thereon erected a dwelling house known as 23011u'Street,New Cumberland,Pennsylvania. BEING Lot No.137,plan of Elkwood,as recorded In the Cumberland County Recorder's Office in Deed Book'V' Volume 6,Page 498. BEING THE SAME premises which Beverly Lindsay, widow, by deed dated on the 20'"day of July,2001, and recorded on the 241"day of July,2001,in the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania,In Record Book 247,Page 2798,granted and conveyed unto Timothy D. Kelly and Julia A.Kelly, Grantors herein. 4/le ALTA Commllmenl Schedule A(continued) PAl01TGC.FHA 1110708 WW2 Ot"Id ` mvw.dodmylc.aam hr,p.tSs.uni which such premium would have been required If Lender still held the$atautlylnstttttnaal,each monthly payment shall also Include either: (I)a sum for the annual moittgsge Insuiraoce,premttnn to betels!by Lander to the SecMary, or(II)a monthly charge instead of a mortgage hretattnce premium if sloe Security Instrument is held by the Secretary. In a reasonadiiaantrunt to be determined by the Secretary.Except for the monthly charge by the Secretary,these Items are called°escrow Items"and the sums paid to Lender ant celled"Escrow Funds." Leader may,at any tbne,collect and bole amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrowactount under the Real Estate Settlement Procedures Act of 1974, 12 U,S,C.52501 gam.and Implementing regulations,24 CFR Pall 3500,as they may be weeded from time to tin("ItlSPA"),except that the cushion orreservepennitied by RESPA for u anticipated dtshuteoments or disbursements before the Borrower's payments are eve-liable In the account may not be based on amounts due for the mortgage Insurance premium, if the amounts held by Larrderfoe Escrow Items exceed the amounts permitted to beheld by RESPA,Lender shall account to Harrower for the excess funds as required by RESPA. if the amounts of funds held by Lender at any time are not sufficleut to pay te Escrow floras when due,Lander may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA, The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower headers to Lender the NO payment utan such sums,Borrower's account shalt be credited with tie Whence remaining for all installment Items(a),(h),and(r)and any mortgage insurance premium hwtatimont that lenderhes net hemen a oblIgated to pay to the Secretary,and Lender shell promptly refund any excess funds to Borrower. Immediately price to a foreclosure sale of the Property or Its acquisition by Leader,Borrower's account shall be credited with any balance remaining for all Installments for Items(a),(b),and(c). 3. Application of Payments. All payments under paragraphs I sad 2 shall ho applied by Lender as follows: )1RST,to the mortgage tasurent premium to be pelt]by Lender to the Secretary or to the monthly tdtarge by the Secretary Instead of the monthly mortgage Insurance premium: $HCOND,to any taxes,special assessments,Leasehold payments or ground rents,and fire,flood and other hazard insurance premiums,as required; THIRD,to interest due under the Note; @OURTIi,to amortization of the principal of the Note;and FIFTH,to late charges due under the Note. 4. Fire,Flood and Other Hazard Insurance. Borrower shall Insure all Improvements on the Property, whether now In existence or subsequently erected,against any hazards,casualties,and contingencies,Including tire, for which Lender requires lusuraace. This Insurance shall be maintained In the amounts and for the periods that Lender requires. Borrower shall also Insure all improvements on the Property,whether now In existence or subsequendy erected,against loss by floods to the extant required by the Secretary.All insurance shall be carniedwltr companies approved by Lander. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses In Paver of,and In a form acceptable to,Lender. In the event of loss,Borrower shall give Lender immediate notice by mall. Lender may make proof of loss If not made prompUy by Borrower. Each insurance company concerned Is hereby authorized and directed to make payment for such loss directly to Lender, Instead of to Borrower and to Lender Jointly. All or any part of tire Insurance proceeds may be applied by Lender,at Its option,either(a)to the reduction of the Indebtedness under the Note and this Security Instrument,first to any delinquent amounts applied in the order in paragraph 3,and then to prepayment of principal,or(b)to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to In paragraph 2,or FHA PENNSYLVANIA MORYGAGE•MGtS DocMoofo 4/10/01/8 em..m.73ar PAMTGZ.FHA 11/01/06 Page 3 of 10 wtww.doornaytaoom Non Ns.1 .rw charge the amount of such payments. Any excesx Insurance proceeds over as amount required to pay all outstanding ludeblaluess under the Note end this Security Ie.nttnaern shall be paid to the eoUty legally entitled thereto, la the event of foreclosure of ills Security leslrument or other transfer of elle to the Property that extinguishes the isdebtedeems.all right.title and interest ofRarrawerla and to tmhtrance potdes In forte shall pass to the p€cscheser. S. Occupancy;Preservation,eatatateaance and Protection oft the Property:Borrower's Loan Application; Leaseholds. Borrower shall occupy,establish,and um tha Properly as Borrower's principal residence within sixty days alter the execution of this Security instrument(or within sixty days of a later sale or transfer of the Property) nod shall continuo to occupy the Property as Borrower's principal outdrew*for at least one year after the data of occupancy,unless Lauderdetermiees that regiireme nt will cause undue hardship for Borrower,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall nml Lender of any extenuating circumstances. Borrower shall not commit waste at destroy,damage or subelprdlally change the Properly or allow the Property to deteriorate,reasonable wear and tear excepted, Lander may Inspect the Property if the Property Is vacant or abandoned or the loan Is In default, Lender may lake reasonable acllo8 to protect and preserve such vacant or abandoned Property. Borrower shall also be In default if Borrower,dories the loan appticatiaa prods,gave materially false or inaccurate Information or statements to Lender(or failed to provide Lender with any materiel information) in connection whit the loan evidenced by the Note.including,but not limited to,rep esextattans concerning Borrower's occupancy of the Property as a principal residence, If this Security Instrument is one leasehold,Borrower shall comply with the provisions of the lease, if Borrower acquires fee title to the Property,the leasehold and fee title shell not be merged unless Lander agrees to the merger In writing. 6. Condemnation. The proceeds of any award or claim for damages,direct or consequential,fn connection with any condeswtallus or other taking of troy part of the Property,or for conveyance la place of condemnation,are hereby assigned mid shall be paid to Lender to the extent of the full amount of the Iaddebtedaoss that remains unpaid under the Note and this Security Intl unent. Lauder shall apply such proceeds to the reduction of the Indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied In the order provided In paragraph 8,and thou to prepayment of principal. Any application of the proceeds to the principal shalt not extend or postpone the due date of the monthly payments,which are referred to la paragraph 2,or chenge eta amount of such payments,Any excess proceeds over an amount required ropey all outstmidlag indebtedness under the Nat€rarid lilts Security Instrument shell be paid to the entity legally entitled thereto. 1. Charges to Borrower and Protection of Lendur'a Rights In tie Property. Borrower shall pay ell governmental or municipal charges,fines and Impositions that are not Included in paragraph 2. Burrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to may would adversely aid Lender's booted in the Property, upon Lender's request Borrower shall promptly !Welsh to Lender receipts ovIdenclog these payments. If Borrower falls to make these payments or the payments required by paragraph 2,or falls to perform any other covenants and agreements contained to this Security Instrument,or there Is a legal proceeding that may sigaiflcaaty affect Lender's rights In the Property(such as a proceeding In bankruptcy,for condemnation or to enforce laws or regulations),then Lender may do and pay whatever is necessary to protect the value of the Properly and Lender's rights In the Property,Including payment of lanes,hazard Insurance and oilier items mentioned In paragraph 2, Any amounts disbursed by Lander under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear Interest from the data of disbursement at the Note rate, and al the option of Leader s1011 be lmmedlately due and payable. Borrower shall promptly discharge any lien which his priority over this Security instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien hi a manner acceptable to Lender;(b)contests In good fettle the Ilea by,or defends against enforcement of the Ilea la,legal proceedings which in Ilia Lender's FHA PENNSYLVANIA MORTGAGE•MEAS DocM.glc Miaow aoed..raer PAMTGZ,FHA 11101/08 Page 4 or 10 www.,roernagt,com rW7AllVanl 1 .., •+« w... -.+�.._ •• •••••••••• •._ opinion operate to prevent tins etrforcennent of the Ileu,or(s)secures from Use holder of the lien an agreement satisfactory to Lander auberdlretiing the tan to this Security Instrument, If Lender determines that any part of the Property is suliJieci to a lien which may attain priority over tits Security lastrument,Lender may give Borrower a notice Ideatiiylng the lieu, Borrower shell satisfy the lien or take one or more of the actions eel forth above within 10 days of the giving of notice, 8. Fees, Louder may collect fees and charges authorized by the Secretary, 0. Grounds for Acceleration of Debt. (a) Default, Lander may,except as limited by regulations issued by the Secretary In the case of payment defaults,require Immediate payment In full of all sums secured by this Security Instrument If: (I) Borrower defaults by felling to pay In full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment,or (Ill Borrower defaults by billing, for a period of thirty days, to perform any oilier obligations contained to this Security Insinumere. (b) Sale Without Credit Assertive!.Lender shall,tf penntled by applicable law(Including socuen 341(d) of the Gam-St.Germain Depository Institutions Act of 1082,18 U.S.C.1701,14(0)and with tte'prior approval of the Secretary.require bamedleta payureat is lull of all nuns secured try this Security Instrument If: (I) All or part of cue Property,era beneficial Interest le ghost owning all or pert of the Property.Is sold or otherwise trensbored(other than by devise or descant),and (Il) The Property is not occupied by the purchaser or grantee as his or her principal resldente,mike • purchaser or gtatline does se occupy the Property,but this or her credit has not been approved In accordat c�ce with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment In cult, but Lender does not require such paymams,Lender does eel valve Origin with respect to sobeemersi events. (rt) Regulations anal Secretary. In many circumstances regulations Issued by the Secretary will limit lender's rights,hi the rase of payment defaults,to require Immediate payment in full sad foreclose if out paid.This Security Instrument does not authorize acceleration or foreclosure if unit permitted by reguletlons of the Secretary. (e) Mortgage Not Insured. Borrower agrees that If this Security Instrument and the Note are not determined to be eligible for Insurance under she National Housing Act within 60 DAYS from the dale hereof,Lender may,at Its option,require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 DAYS from the date hereof,declining to insure this Security Instrument and the Note,shall be deemed conclusive proof of such Ineligibility. Norwltutanding the foregoing,this option may not be exercised by Lender when the unavailability of Insurance Is solely due to Lender's failure to remit a mortgage Insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated If Lender has required Immediate payment In full because of Borrower's failure to pay an amount due under the Note or flits Security Instrument, This right applies even alter foreclosure proceedings are instituted. To reinstate the Security instrument,Borrower shall lender In n lump sum all amounts required to bring Borrower's account current Including,to the extent they are obligations of Borrower under this Security Instrument,foreclosure costs and reasonable and customary attorneys'fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower,this Security Instrument and the obligations that It secures shell remain In effect as If Lender had not required Immediate payment in[ill. However, Lender Is not required to permit reinstatement If: (I) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years Immediately preceding the commencement of a current• FHA PENNSYLVANIA MORTGAGE MFRS vocMap/c e171mtan eeaae•,es PAMTGZ.FHA 11/01/00 Page 6 or 10 WIVAidownsee.com hatisiAa.,rot ���•. r foreclosure proceeding, (Ii) reinstatement will preclude foreclosure on different grounds In the future, or(ill) reinstatement will adversely affect the priority of the lien created by this Security Inshameat. 11, Borrower Not Released;Forbearance by Lender Not a Waiver. Extension of the time of payment or modlflcaUoe of amortization of the sums secured by this Security Instnrmeat granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors In interest. Lender shall not be required to commence proceedings against any successor In interest or refuse to extend limo for payment or othoewise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower orBormwer's successors In interest Any forbearance by Lender In exerc ising any right or remedy shall not he a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability;Co•Slgners. The covenants and agreements of this Security Instrument shall bled and benefit the successors and assign of Lender and Borrower,subject to the provisions of paragraph B(b).Borrower's covenants end agreements shell be joint and several, Any Borrower who co-signs Ills Security Instrument but does not execute the Note: (a)Is co.algnlag this Security Iastrameat only to mortgage,grant and convey that Borrower's interest In the Property under the terms of this Security InsrrumenC(b) Is not personally obligated to pay the sera secured by this Security Instrument;and(c)agrees that Loader and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrwneat or the Note without that Borrower's consent. 19, Notices. Any notice to Borrowerprovlded for In this Security Instrument shell be given by delivering it or by mailing it by first class mall unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lander. Aoy notice to Lender shall be given by first class mall to Leader's odds.=slated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided In this paragraph. 14. Govendng Law;Severabu lty. This Security Instrument shall be govented by federal law sod the law of the jurisdiction In which the Property is located. In the event dial any provision or clause of this Security Instrument or the Nola coofllcu with applicable law,such conflict shell not affect other provisions of this Security Instrument or the Note which can be given affect without the conflicting provision, To this end tlhe provisions of this Security instrument and the Note are declared to bo severable. 15. Borrower's Copy.Borrower shell be given one conformed copy of the Note and of this Security Instrument. 16, Hazardous Substances,Eorrawershall not cause or permit Lila presence,use,disposal,storage,or release of nay I:Iaxardous Substances on or to the Properly, Borrower shell not do,nor allow anyone else to do,anything affecting the Property that is In violation of any Environmental Law. The preceding two seaisucesshall ooh apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to bo appropriate to moral residemdat rues end to maintenance of the Property, Borrower shall promptly give Lenderwdten notice of soy investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private perry involving the Prupedy and any Hazardous Substance or Environmental Law of winch Borrower has actual knowledge.If BorrowerIsarw,or is aott led by any goveramental or regulatory authority,that any removal or other romediatian of any Hazardous Sulsrlancaa altocttag the Property Is necessary,Borrower shall promptly take ail necessary remedial salons in accordance with Environmental Law. As used In this paragraph 16, "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmenlal Law and lite following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxleponticldes andiherbicides,volatile solvents,materiels containing asbestos or formaldehyde, and radioactive materials. As used In this paragraph 10,"itnviroamaatal Lew"means federal taws and laws of the jurisdiction where the Properly Is located that relate to health,safety or envlroomeatal protection. FHA PENNSYLVANIA MORTGAGE-Mans OacMaaic lrwvAaa Megfccurn i'AMrG2.FirA iirpl/pa. Pap a of 70 www.decmapracom hn4,.14m1 • NONUNIFORM COVENANTS. Borrower end Lender further covenant and agree as follows: 17. Assignment of Rants,Borrower umrundUionelly assigns and transfers to Leader all the rams and raveuues of Use Property. Borrower authorise.Lender or Leader's a$eats to collect the rests and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lander's%eott. However,prior to Lender's notice to Borrower or Borrower's breach orauy covenantor agreement be the Security Instrument,Borrower shell collect and receive all rents and revenues or the Property at trustee for the knell!.of Lender and Borrower. This essigentent of resets constitutes no absolute nssigamentsad sal an assignment for additional security only. If Lender gives nvtice of breach to Borrower; (a)all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only,to be applied to the aura secured by the Security liaslrvmcnt;(b)Lender shell be entitled to collect and receive all of the tents of the Property;and(c)ends tenant of the Properly shall pay all resets duo and unpaid to Leader or Lender's agent on Lender's written demand to the tenant, Harrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Leader from exerdstag its rights under tole paragraph 17, Leralershall not be required to enter upon,take control of or maintain the Property before or after giving notice of breach to Borrower. However,Lender or a judicially appointed receiver may do so at soy time there is e breach. Airy application of rents shall not cure or waive any deftuil or revalidate any admr rigid or remedy of Lender,This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure.If Lenderraquisralsmnedleta payment to full under paragraph 9,Lender may foreclose lists Security instrument by judicial proceeding and/or Invoke any other remedies permitted by applicable law.Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided or referred to In this parngeopis 18,including,but not limited to,attorneys'fees and costs of title evidence to the extent permitted by applicable law, If the Lender's lateral In thla Security Instrument is held by the Secretary,and the Secretary requires Itometilete payneoul In full under paragraph 9,the Secretary pray invoke the aogjudiclal power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 5751 pt mg.) by mutating a Ioreciesarre commissioner designated under the Act tocammeacefor er eaure and tea ell the Property asprovided In the Act. Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Release. Upon payment of all stuns secured by this Security Instrument,this Security Instrument and the estate conveyed shall terminate and became void. After such occurrence,Lander shall discharge and satisfy this Security Instrument. Borrower shall pay auy recordation costs.Lender may charge Borrower a fee for releasing this Security Irulru neat,but only if the fee is paid to a third party for services rendered and the charging of the fee Is permitted under applicable law. 20. Waivers. Borrower,to the extent permitted by applicable law,waives and releases any error or defects in proceedings to enforce tide Security Instrument,and hereby waives the benefit of any present or future laws providing for stay of execution,exteosloer of time,exemption from attachment,levy and gala,and homestead exemption. 21, Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 droll extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument, 22. Purchase Money Mortgage. if any of the debt secured by tale Security Instrument Is lent to Borrower lo acquire title 113 the Property,this Security instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a judgment Is entered on the Note or In an action of mortgage foreclosure shall be the rale payable from time to time under the Note, FIIA PEELiliSVLVAt{IA MORTGAGE-MFRS GoeiMa9fc e', ties aona.MUSs PAMTGZ.FHA 11/01/00 Pepe 7 of 10 www.doomegk,eom ru„µhn,xca 24. Riders to this Security Instrument.II one or more Aden are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be Incorporated Into and shell amend and supplemeat the covenants and agreements of this Security Instrument as If the rider(s)were a part of this Security Instrument. [Chock applicable box(es)1, ❑ Condominium Rider 0 Graduated Payment Rider 0 Growing Equity Rider ❑ Planned Unit Development Rider [] Adjustable Rale Rider 0 Rehabilitation Loan Rider O Non-Owner 0ccupancy Rider ❑ Other[Specify) BY SIGNING BELOW,Borroweracceptsand agrees to the tams contained to pages 1 through 10 of this Security Instrument end In any rlder(s)executed by Borrower and recorded with it .+> (Seal) _ (seal) AND°EW FISH -Borrower ,Borrower I artSe (Seal) (Seal) -Borrower MUM: Witnessr • FHA PENNSYLVANIA MORTGAGE-MER5 .--.._.—._.__.._.�__,_._...__....,.,... PAMTG2.FHA 11/01/08 Page 8 or 10 tloeMatlre ellraw� IC • • IugrcRu[.tl • • [Space Belau This Une For Acknowledgment' - - State of P>~HDIBXLVANIA County of On this the�day of >14141Ci-i/4 ! ,before me, the undersigned officer,personally appeared AN.PRgW FISH known to me(or satisfactorily proven)to be the person(s)whose name(s)ts/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof,1 hereunto set my hand and official seals, Signature Coatst iilliSAGTH OF atsNN/rY4vANok NOTARIAL SEAL DMRE rr York nitity Coup is MyCammk4akx1 Soptomber 1 1.2092 Printed Name (Seal) Title of Officer My commission expires: FHA PENNSYLVANIA MORTGAGE-MERS poeMepro eavo a paaw•720/ PAMTGZ.FHA 11/01/08 Page 9 or 10 www.Arn etapk.eam l 1 C erllflrale of Residence of artiaee The undersigned hereby certifies that: (l)he/she Is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named In the within Instrument;and(H)Mortgagee's precise residence Ls: 3300 S. W. 34th Avenue, Suite 101, Ocala, FL 24474, P. 0. Box 2026, Flint, Michigan 46501-2026 Witness my hand this (99 day of. l Signature of Mortgagee or Mottgagea'a Duly Authorized Attorney or Agent 1 l rn11.2ACI., Type orPtint M goeor Mortgagee's Duly Auiiwrtted Attorney orAgent FHA PENNSYLVANIA MURTOAOE•MERS DoeMapra fDivaooi wo•na.raa PAMTOZ.FHA 11/01/00 Papa 10 of 10 wwwdoemiyk.com hw+gx.rw.w ANCTiORAIRMACTIVCOMPAtiY itte 27 i,IMdiaiolphlM sou% , PIrm Hoot hut Yo124 PA 17401 • 111.11111111.1111111111111111111111111 F. ROBERT P.ZIEGLER RECORDER OF DEEDS ,,,t CUMBERLAND COUNTY '�� 1 COURTHOUSE SQUARE '�'��4 ;; � - �" "=- CARLISLE,PA 17013 i ' "�` I 717-240-6370 �� [ t �� i kilt Instrument Number-200906656 Recorded On 3/9/2009 At 11:20:07 AM *Total Pages-12 *Instrument Typo-MORTGAGE Invoice Number-38719 User ID-KW *Mortgagor-FISH,ANDREW *Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC *Customer-ANCHOR ABSTRACTING CO INC *FEES . STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $25,50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document, AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 - ROD ARCHIVES FEE $3.00 TOTAL PAID . $62.50 I Certify this to be recorded in Cumberland County PA 1!!-r + RECORDER O D EDS 4, •-Information denoted by an asterisk may change during the verification process end may not bo reflected on this page, IllgllvNll countersigned: Anchor Abstracting Company,Inc. By 4"40+tors American Land ntle Association Loan Policy(as modified by 7fRBOP) 0eann0oe — • Zl F ! I i EXHIBIT "C" • Loan Number WOO.KN,.O LOAN MODIFICATION AGREEMENT Borrower("I")1: ANDREW FISH Lender("Lender'): JPMORGAN CHASE BANK, N.A. Date of First Lien Security Instrument(the"Mortgage')and Note (the"Note'): FEBRUARY 27,2009 Loan Number: /878272618 (the"Loan") Property Address: 230 11TH ST,NEW CUMBERLAND, PENNSYLVANIA 17070 (the 'Property') If my representations in Section 1 continue to be true In all material respects, then the provisions of Section 2 of this Loan Modification Agreement("Agreement')will,as set forth In Section 2,amend and supplement (I) the Mortgage on the Property, and (6i) the Note secured by the Mortgage. The Mortgage and Note together,as may previously have been amended,are referred to as the"Loan Documents." Capitalized terms used In this Agreement have the meaning given to them In the Loan Documents. I have provided confirmation of my financial hardship and documents to permit verification of all of my Income to determine whether I qualify for the offer described in this Agreement. This Agreement will not take effect unless and until the Lender signs it. 1. My Representations, I represent to the Lender and agree: A. I am experiencing a financial hardship, and as a result, am either In default under the Loan Documents or a default Is imminent. B. The Property is neither in a state of disrepair, nor condemned, C. There has been no change in the ownership of the Property since I signed the Loan Documents, D. I am not a party to any litigation involving the Loan Documents, except to the extent I may be a defendant in a foreclosure action. E. I have provided documentation for all Income that I earn. F. All documents and information I provide pursuant to this Agreement are true and correct. 2. The Modification. The Loan Documents are hereby modified as of FEBRUARY 01, 2012 (the "Modification Effective Date'), and all unpaid late charges are waived. The Lender agrees to suspend any foreclosure activities so long as I comply with the terms of the Loan Documents,as modified by this Agreement. The Loan Documents will be modified, and the first modified payment will be due on the date set forth in this Section 2: A. The Maturity Date will be: JANUARY 01, 2042. B. The modified principal balance of my Note will Include all amounts and arrearages that will be past due (excluding unpaid late charges) and may include amounts towards taxes, Insurance, If there is more than one Borrower or Mortgagor executing this doam,ont,each is referred to as"I". For purposes orthls document words signifying the singular(such as"I")shall include the plural(inch as"we")and vice versa where appropriate. WF101 V2 2-23-10 LOAN MODIFICATION AGREEMENT-CHAMP ver.11_23_2011_10_59 36 Page 1 of 6 pages III Is ..11'' I#N 11 . . .4I f l ' il r 141 .�, 1111 Loan Number or other assessments. The new principal balance of my Note is $146,884,08 (the 'New Principal Balance"). C. The interest Bearing Principal Balance will re-amortize over 360 months. interest will begin to accrue as of JANUARY 01,2012. The first New monthly payment on the New Principal Balance will be due on FEBRUARY 01, 2012, and monthly on the same date thereafter. My payment schedule for the modified Loan is as follows: I promise to pay interest on the New Principal Balance at the rate of 4.000% annually. I promise to make consecutive monthly payments of principal and interest in the amount of $701.26, which is an amount sufficient to amortize the New Principal Balance over a period of 360 months. The above terms in this Section 2.0 shall supersede any provisions to the contrary in the Loan Documents,Including but not limited to provisions for an adjustable or step interest rate. D. I agree to pay In full(i)the New Principal Balance,and(ii)any other amounts still owed under the Loan Documents, by the earliest of the date I sell or transfer an Interest In the Property, subject to Section 3.E below,the date I pay the entire New Principal Balance,or the Maturity Date. E. I will be in default if I do not(I)pay the full amount of a monthly payment on the date it is due, or (II) comply with the terms of the Loan Documents, as modified by this Agreement. If a II default rate of Interest is permitted under the current Loan Documents, then in the event of default, the interest that will be due on the New Principal Balance will be the rate set forth In Section 2.C. 3, Additional Agreements. I agree to the following: A. That this Agreement shall supersede the terms of any modification, forbearance, or workout plan, it any,that I previously entered Into with the Lender. B. To comply, except to the extent that they are modified by this Agreement, with all covenants, agreements, and requirements of the Loan Documents including my agreement to make all payments of taxes, insurance premiums, assessments, Impounds, and all other payments, the amount of which may change periodically over the term of my Loan. This Agreement does not waive future escrow requirements, If the Loan includes collection for tax and insurance premiums, this collection will continue for the life of the Loan. • C. That the Loan Documents are composed of valid, binding agreements, enforceable In accordance with their terms and are hereby reaffirmed, D. That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release In whole or In part of the obligations contained In the Loan Documents; and that except as otherwise specifically WF101 V2 2-23-10 LOAN MODIFICATION AGREEMENT-CHAMP ver.11_23_2011_10_59 35 Page 2 of 8 pages 11 RaMigiNtilt NMI!l ■ Loan Number provided In,and as expressly modified by,this Agreement,the Lender and I will be bound by,and will comply with,all of the terms and provisions of the Loan Documents. E. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents, I agree as follows: If all or any part of the Property or any Interest in It Is sold or transferred without the Lender's prior written consent, the Lender may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, the Lender shall not exercise this option It federal law prohibits the exercise of such option as of the date of such sale or transfer. if the Lender exercises this option, the Lender • shall give me notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed within which I must pay all sums secured by the Mortgage. If I fail to pay these sums prior to the expiration of this period, the Lender may Invoke any remedies permitted by the Mortgage without further notice or demand on me. F. That as of the Modification Effective Date,a buyer or transferee of the Property will not be permitted, under any circumstance, to assume the Loan. In any event, this Agreement may not be assigned to,or assumed by,a buyer of the Property. • C. If any document is lost,misplaced, misstated, or Inaccurately reflects the true and correct terms and conditions of the Loan Documents as amended by this Agreement, within ten (10)days after my receipt of the Lender's request, I will execute, acknowledge, initial, and deliver to the Lender any documentation the Lender deems necessary to replace or correct the lost, misplaced, misstated or inaccurate document(s). If I fail to do so, I will be liable for any and all loss or damage which the Lender reasonably sustains as a result of my failure. H. All payment amounts specified in this Agreement assume that payments will be made as scheduled. If the Borrower(s) received a discharge In a Chapter 7 bankruptcy subsequent to the execution of the Loan Documents, the Lender agrees that such Borrower(s)will not have personal liability on the debt pursuant to this Agreement. J. That In agreeing to the changes to the original Loan Documents as reflected in this Agreement,the Lender has relied upon the truth and accuracy of all of the representations made by the Borrower(s), both in this Agreement and in any documentation provided by or on behalf of the Borrower(s) In connection with this Agreement. If the Lender subsequently determines that such representations or documentation were not truthful or accurate, the Lender may, at its option, rescind this Agreement and reinstate the original terms of the Loan Documents as If this Agreement never occurred. K. I acknowledge and agree that if the Lender executing this Agreement is not the current holder or owner of the Note and Mortgage, that such party is the authorized servicing agent for such holder or owner, or Its successor in interest, and has full power and authority to bind itself and such holder and owner to the terms of this modification. WF101 V2 2-23-10 LOAN MODIFICATION AGREEMENT-CHAMP ver.11_23_2011_10_59 35 Page 3 or a pages au) 1Yii+T � . �" il � 11 111 r • Loan Number MON THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. • (SIGNATURES CONTINUE ON FOLLOWING PAGES) • WF101 V2 2-23-10 LOAN MODIFICATION AGREEMENT CHAMP ver.1123 2011_10_59 35 Page 4 of 6 pages • Pei 'L • Loan Number TO BE SIGNED BY BORROWER ONLY BORROWER SIGNATURE PAGE TO MODIFICATION AGREEMENT BETWEEN JPMORGAN CHASE BANK, N.A.And ANDREW FISH, LOAN NUMBER 1678272618 WITH A MODIFICATION EFFECTIVE DATE OF February 01,2012 In W. = h root,the Borrower(s) have executed this agreement. Date: �a! 5—! 1 ; A tk Fier VVF101 V2 2-23-10 LOAN MODIFICATION AGREEMENT-CHAMP var.11_23_2011_10_59 35 Page 5 of 6 pages ',1'4'1•11 ,M: 6 Iltti/YPERi(b'Y11Y111 i, I III vraaaara. Loan Number ONO TO BE SIGNED BY LENDER ONLY LENDER SIGNATURE PAGE TO MODIFICATION AGREEMENT BETWEEN JPMORGAN CHASE BANK, N.A.And ANDREW FISH,LOAN NUMBER 1878272618 WITH A MODIFICATION EFFECTIVE DATE OF February 01,2012 In Witness Whereof,the Lender has executed this Agreement. Lender JPMORGAN CHASE BANK,N.A. Date: ( 6' (f Vice president WF101 V2 2-23-10 LOAN MODIFICATION AGREEMENT-CHAMP ver.11_23_2011_10_59 35 Page 9 of 6 pages 111 k;;. ,�: ,�, �'� . ono . III EXHIBIT “D" True and Certified Copy of what was sent to te(�oritinng ti `-. £[` T (Y Prepared By/Return To: E.Lance/NTC,2100 Alt.19 North, Palm Harbor,FL 34683 (800)346-9152 Tax Code/PIN/UPI 8:26.24.0811-022 I NM 111111101111111 010 11111111 IINI 11111101111 ASSIGNMENT OF MORTGAGE Contact JPMORGAN CHASE BANK,N.A.for this instrument 780 Kansas Lane,Suite A,Monroe,LA 71203,telephone It(866)756-8747,which is responsible for receiving payments. FOR GOOD AND VALUABLE CONSIDERATION,the sufficiency of which is he=reby acknowledged,the undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, AS NOMINEE FOR GUARANTEED HOME MORTGAGE COMPANY,INC.,ITS SUCCESSORS AND ASSIGNS PO BOX 2026,FLINT,MI,48501 (NIERS 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 interest secured thereby, all hens, and any rights due or to become due thereon to JPMORGAN CHASE DANK,KAN NATIONA re L ASSOCIAT ITS ION, HOSE AD.ASDRESS NS,700 AN SA LANE, MC 8000, MONROE, LA Said Mortgage is dated 02/27/2009,in the amount of$135,009.00, made by ANDREW FISH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GUARANTEED HOME MORTGAGE COMPANY, INC., recorded on 03/09/2009, in the Office of the Recorder of Deeds of CUMBERLAND County,Pennsylvania,in Book Na,Page n/a,and/or Document#200906656. Property is commonly known as:230 11TH STREET BORO.OF NEW CUMBERLAND,NEW CUMBLAND,P 17070. Dated on 10 / wee«, 112(MM/DD/YYYY) MORTGAGE ELE 'ONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR GUARANTEED HOME MORTGAGE COMPANY,INC,ITS SUCCESSORS AND ASSIGNS gar By: kt4 O biti elk" ' ►tk._ A SECRETARY PAGE I JPCAS 17925336 -@ CHASE CJ4296408 NI MIN 100335609011401074 MERS PHONE 1-888-679-6377 T1912103916 [CJ FRMPAI I I1IIlI1lIIlI1II1lI11 True and Certified Copy of what was sent to retotA g I 1111111 NMI IMII II 111 11 INN NIN 1111111111 STAT QF L• ANA PARISH OF OUACHITA 1 C i CD Ott ,.).1 s`+ 012(MM/DD/YYYY),before me appeared, to me personally known, who did say that he/she/they is/are the SST'. SECRETARY of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC,AS NOMINEE FOR GUARANTEED HOME MORTGAGE COMPANY, INC., ITS 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), wary Public:-State of LOUISIANA +p"1 Commission expires:Upon My Death Assignment of Mortgage from: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR GUARANTEED HOME MORTGAGE COMPANY,INC.,ITS SUCCESSORS AND ASSIGNS PO BOX 2026,FLINT,MI, 48501(MERS Address:1901 E Voorhees Street,Suite C,Danville,IL 61834) to: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000,MONROE,LA 71203(866)756-8747,ITS SUCCESSORS OR ASSIGNS,(ASSIGNEE) Mortgagor:ANDREW FISH 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 Promise;;23011TH STREET BORO.OF NEW CUMBERLAND NEW CUMBERLAND,PA 17070 CUMBERLAND (Borough or Township,if stated),Commonwealth of Pennsylvania. Being more particularly described in said mortgage. I, .. !?__ . , hereby certify that the below information and address for the assign e are correct: JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,WHOSE ADDRESS IS 700 KANSAS LANE, MC 8000,MONROE,LA 71203(866)756-8747,ITS SUCCESSORS OR ASSIGNS,(ASSIGNEE) ASST,SECRETARY PAGE '17925336" JPCAS 17925336 •@ CHASE CJ4296408 NI MIN 100335609011401074 MERS PHONE 1.888.679.6377 T1912103916 (CI FRMPAI I 111111 I I111111 IIOI IIIIIIII Pennsylvania Verification Riddell Runnels , hereby states thatQs she is Vice President of JPMorgan Chase Bank,N.A.the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. W i deli Runnels Vice President Date; /- 7-/ JPMorgan Chase Bank,N.A Borrower: ANDREW FISH Property Address: 230 11TH ST County: CUMBERLAND Last Four of Loan Number:2618 02/19/2013 17:07 4122617657 GRENEN 8 F RS'C,PC0 PAGE 02/09 FORM 1 Morgan Chase Bank, National Association : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA •;? !':' Plaintiffs) , . -_(1-1 rn V5. ` t. Andrew Fish -�� U >f;-Defendants) 13-762 Civil t. NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE •< `a DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. if you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First,within twenty(20) days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or($00)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 the 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(80)days of the service upon you of the foreclosure complaint. lr 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 Signs ore of Counsel for Plaintiff @2/19/2e r2 1-:n- 4122827E57 GRENEN ,., ...1Rc"C,-ce 7:AGE P.7/03 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: CUSTOMERIPRIMARY APPLICATION Borrower name(s): Property Address: .. .. City: State:_ Zip:, Is the property for sale? Yes❑ No❑ Listing date: Price:$ Realtor Name: Realtor Phone: .,»._._ Borrower Occupied: Yes❑ No❑ Mailing Address(if different) _ City: State: Zip:, Phone Numbers: Home: ._ _. Office Cell: Other: Email: — #of people in household: How long? . 1 CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: — ._.. Cell: _. Other: s Email: M of people In household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan, Loan Number Date You Closed Your Loan: Second Mortgage Lender: o_. Type of Loan: — Loan Number: Total Mortgage Payments Amount:$ _,_, Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: 4*........_.. 0.011114.4 Is the loan in Bankruptcy?Yes❑ No❑ If yes,provide names,location of court,case number&attorney: w r ,,,4_. -. -: ? Q?228'17657 GRENEN g, ?'?ST('t PCe PAGE i14ie.4 L. Assets Arnoupt Awed; Va9e: € Home: $ $ Other Real Estate: $ S -„ Retirement Funds; $ $ _• investments: $ $ Checking: $ _w- $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: ,, Amount owed. Value:: Automobile#2:Model: Year:, i Amount owed: Value:— Qf ' r. s.. ta.i=n au .. ,.il., b•a s ,, • •r4s est: Model; !• Year: Amount owed: Value: i Monthly$ncomg Name of Employers: 1, Monthly Gross, Monthly Net_, 2, Monthly Gross — Monthly Net 3. Monthly Gross M Monthly Net,,,;, Additional Income Description(not wages); 1. Monthly Amount: 2, Monthly Amount:, _ Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please gnlV include expenses vqu are currently Pam EXPENSE AMOUNT . EXPENSE AMOUNT I Mortgage Food 2"a"Mortgage ten....._... ` Utilities Car Payment(s) Condo/Neigh.Fees ~— Auto Insurance Med.(not covered) Auto fuel/repairs -� Other Prep,Payment Install.Loan payment Cable Tv Child SupportJAllm, Spending Money �. . A._ , Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on income and Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ 1 If yes,please provide the following information; Counseling Agency: Counselor: ..—... --- Phone(Office): Fax: I Email: <. _ : '. ?? ,7657 GRENEN <s ?:;RS'C,PCe PAGE 65/69 for Homeowners Emergency Mortgage Assistance Program Have you made application (HEMAP) assistance? Yes[] No❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your tender or lender's loan servicing company to resolve your delinquency? 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: AUTHORIZATION I/We, authdrize the above named ,__ to use/refer this information to my lender/servilcer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that i/we am/are under no obligation to use the services provideit by the above named r.. • Borrower Signature Date Borrower Signature __._. Date Please forward this document along with the following information to lender and lender counsel: ✓ Proof on income ✓ Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation ✓ (hardship letter) Listing agreement(if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed ?:! 9/c' ?7 _22 7657 GPE'cEN t;'RS'C,PCa PAGE 06(09 FORM 3 JPMoxgan Chase Bank, National Association : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PlaIntiff(s) vs. Andrew fish Defendants) 13762 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: 2. 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 a court-supervised conciliation conference, The undersigned verifies that the statements made herein are true and correct. I understand that 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 Date Signature of Defendant Date ?2/7.?/29.'.::, e;.? ?�,765 E'C ... GP.EN��� 3- '?"R._.:�,F'CO PAGE @'/09 FORM 4 JPMorgan Chase Bank, National Association : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs) vs. Andrew Fish 13-762 Defendants) • Civil C_ASS MANAGEMENT ORDER AND NOW,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 a court-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. Upan notice to the '07 4122B17657 GRENEN <4, BIRSIC,PC@ PAGE es/es Court of the defendant/borrower's failure to serve the completed Form 2 with 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; a entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months;and the institution of bankruptcy proceedings, 5. AN proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. _. ... Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE snerifr o 00 at ulabts OF THE PRCITNONQTAR'' Jody s Smith "" 2013 MAR -8 AM 10: 13 Chief Deputy gf 1 44.,,, .>rt Richard W Stewart CUMBERLAND COUNT'( Solicitor OFF CE OF TF+E&a+CRIF r PENIS YLVA N I A JP Morgan Chase Bank National Association Case Number vs 2013-762 Andrew Fish SHERIFF'S RETURN OF SERVICE 03/01/2013 07:41 PM Deputy Shawn Harrison,being duly sworn according to law,served r requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person repr.:: +ng themselves to be the Defendant,to wit:Andrew Fish at 230 11th St.,New Cumberland Bill N• sumberland, PA 17070. i/! kit S AWN ON, iEPUTY SHERIFF COST:$45.46 SO ANSWERS, 6i7, 'x-t:fa"-—---.. March 06,2013 RONhR ANDERSON, SHERIFF rct t,00ntyOul;e shsr:.r 10 ocso1 :∎sc PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 JPMORGAN CHASE BANK, Court of Common Pleas NATIONAL ASSOCIATION, Civil Division Plaintiff v. No. 13-762-CIVIL ANDREW FISH Cumberland County Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: ANDREW FISH 230 11TH STREET NEW CUMBERLAND, PA 17070-1617 Date: By: it pal 4.411_420 Jo < . P.i.chalk, Esquire ttor ey or Plaintiff 817078 ' a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, Court of Common Pleas NATIONAL ASSOCIATION, Civil Division Plaintiff V. No. 13-762-CIVIL ANDREW FISH Cumberland County Defendant ORDER AND NOW, this !S'-` day of No , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY TH COUR�T J. c CC: Fish Fish rnW :z " oseph P. Schalk, Esq., Id. No. 91656 �� Attorney for Plaintiff <� cn cz r , r <cj 1ES 02-:21 3>� t - ; A 13 817078 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17141 215-563-7000 ANDREW FISH 230 I I TH STREET NEW CUMBERLAND, PA 17070-1617 817078 i Y" 7 7p x 1 y PHELAN HALLINAN, LLP s• 1 : C3 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.2030� 1617 JFK Boulevard, Suite 1400 CU NI iNG C-k-j 1UN- `t One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 191.03 Adam.Davis @ Phel anHallinan.com 21.5-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION ANDREW FISH No. 13-762 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ANDREW FISH, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $154,560.67 TOTAL $154,560.67 I hereby certify that (1) the Defendant's last known address is 230 1.1TH STREET, NEW CUMBERLAND, PA 1.7070-1617, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. mac,. Date /1 � y(V'-f ti.> Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 7a - / r �' � : DATE: _LO43 Ca PH#817078 /! PROTHONOTARY eta I�ySol3 AQQ,,r�y,G`� 817078 —it PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PbelanHallinan.com 215-563-7000 JPMORGAN CHASE BANK, CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS VS. CIVIL DIVISION ANDREW FISH No. 13-762 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant ANDREW FISH is over 18 years of age and resides at 230 11TH STREET, NEW CUMBERLAND, PA 17070-1617. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 817078 Department of Defense Manpower Data Results as of:Dec-23-201312:06:06 Center SCRA 3.0 Status Report Pursuant to Serv%cememben Civil belief Act Last Name: FISH First Name: ANDREW Middle Name: Active Duty Status As Of: Dec-23-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA -NA - No NA This response reflects the individuals'active duty.status based on the Active Duty Status Date Left Active Duty Within 367 Da ys of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects inhere the individual left active duty status.within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Noted of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. A0 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 JPMORGAN CHASE BANK,NATIONAL COURT OF COMMON PLEAS ASSOCIATION CIVIL DIVISION Plaintiff V. NO. 13-762 CIVIL ANDREW FISH Defendant(s) CUMBERLAND COUNTY TO: ANDREW FISH 230 11TH STREET NEW CUMBERLAND,PA 17070-1617 DATE OF NOTICE:, (1,(cl 1( 3 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Chrisovalante P.Fliakos,Esq.,Id.No.94620 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#817078 (Rule of Civil Procedure No. 236) - Revised JPMORGAN CHASE BANK, NATIONAL CUMBERLAND COUNTY ASSOCIATION COURT OF COMMON PLEAS VS. ANDREW FISH CIVIL DIVISION No. 13-762 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on amp •e By. If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 161.7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY." 817078 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION ANDREW FISH NO.: 13-762 CIVIL Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $154,560.67 Interest from 12/25/2013 to Date of Sale $4,116.42 ($25.41 per diem) TOTAL $158,677.09 Phelan Hallinan,LLP Adam H.Davis,Esq., Id. No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#817078 �1 S. L4 to C 8-P CD CD It > j ;. , Z_ S6 l� t l a OW Y Y cL ID 0 : oi, Q � wo CD o y O z zWa a m C - YY y CD CD CD ro °' o CD " LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of New Cumberland,County of Cumberland and Commonwealth of Pennsylvania,bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Eleventh,formerly Williams Street,at the Easterly line of a ten(10)feet wide alley; thence continuing along the Southerly line of Eleventh Street in an Easterly direction, thirty-seven and sixty-six hundredths(37.66)feet to the Westerly line of lot numbered 136,plan of lots hereinafter mentioned; thence Southwardly at right angles to Eleventh Street one hundred(100)feet to the Northerly line of a ten(10)feet wide alley;thence by the Northerly line of said last mentioned alley Westwardly,parallel with the line of Eleventh Street,thirty-seven and sixty-six hundredths(37.66)feet,more or less,to the Easterly line of the first abovementioned ten_(10)feet wide alley; and thence by the Easterly line of said alley Northwardly one hundred(100)feet to the Southerly line of Eleventh Street,the point or place of BEGINNING. HAVING thereon erected a dwelling house. BEING Lot No. 137,plan of Elkwood, as recorded in the Cumberland County Recorder's Office in Deed Book'M'Volume 5,Page 498. TITLE TO SAID PREMISES IS VESTED IN Andrew Fish, by Deed from Timothy D. Kelly and Julia A. Kelly, h/w, dated 02/27/2009, recorded 03/09/2009 in Instrument Number 200906655. PREMISES BEING: 23011TH STREET,NEW CUMBERLAND,PA 17070-1617 PARCEL NO.26-24-0811-092 JPMORGAN CHASE BANK,NATIONAJ�,OT HCt?, j COURT OF COMMON PLEAS ASSOCIATION Plaintiff OU-13 IB C 26 AEI I 1: 5` CIVIL DIVISION V. CUMBERLAND CJUI-B "l, NO.: 13-762 CIVIL PENNSYLVANIA ANDREW FISH Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 230 11TH STREET,NEW CUMBERLAND,PA 17070-1.617. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) ANDREW FISH 230 11TH STREET NEW CUMBERLAND,PA 17070=1617 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) ANDREW FISH 230 11TH STREET NEW CUMBERLAND,PA 17070-1617 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) REPUBLIC WESTERN INSURANCE P.O.BOX 21688 COMPANY PHOENIX,AZ 85036 REPUBLIC WESTERN INSURANCE 1400 KOPPERS BUILDING COMPANY 436 SEVENTH AVENUE C/O MICHAEL J.DOUGHERTY,ESQUIRE PITTSBURGH,PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PH# 817078 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 230 11TH STREET NEW CUMBERLAND,PA 17070-1617 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2✓4M By: /l/ �'t Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 161.7 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 817078 JPMORGAN CHASE BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 13-762 CIVIL ANDREW FISH _ Defendant(s) CUMBERLAND EOUN-' I'Y - • M°;L c - NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ra r— - TO: ANDREW FISH c , 230 11TH STREET : = ? NEW CUMBERLAND, PA 17070-1617 c: "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 230 11TH STREET,NEW CUMBERLAND,PA 17070-1617 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$154,560.67 obtained by JPMORGAN CHASE BANK,NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-762 CIVIL JPMORGAN CHASE BANK, NATIONAL ASSOCIATION V. ANDREW FISH owner(s) of property situate in NEW CUMBERLAND BOROUGH, CUMBERLAND County, Pennsylvania, being 230 11TH STREET, NEW CUMBERLAND, PA 17070-1617 Parcel No. 26-24-0811-092 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $154,560.67 Attorneys for Plaintiff Phelan Hallinan, LLP r LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the Southerly line of Eleventh,formerly Williams Street,at the Easterly line of a ten(10)feet wide alley;thence continuing along the Southerly line of Eleventh Street in an Easterly direction, thirty-seven and sixty-six hundredths(37.66)feet to the Westerly line of lot numbered 136,plan of lots hereinafter mentioned; thence Southwardly at right angles to Eleventh Street one hundred(100)feet to the Northerly line of a ten(10)feet wide alley;thence by the Northerly line of said last mentioned alley Westwardly,parallel with the line of Eleventh Street,thirty-seven and sixty-six hundredths(37.66)feet,more or less,to the Easterly line of the first abovementioned ten(10)feet wide alley; and thence by the Easterly line of said alley Northwardly one hundred(100)feet to the Southerly line of Eleventh Street, the point or place of BEGINNING. HAVING thereon erected a dwelling house. BEING Lot No. 137,plan of Elkwood,as recorded in the Cumberland County Recorder's Office in Deed Book'M'Volume 5,Page 498. TITLE TO SAID PREMISES IS VESTED IN Andrew Fish, by Deed from Timothy D. Kelly and Julia A. Kelly, h/w, dated 02/27/2009, recorded 03/09/2009 in Instrument Number 200906655. PREMISES BEING: 23011TH STREET,NEW CUMBERLAND,PA 17070-1617 PARCEL NO. 26-24-0811-092 PHELAN HALLINAN, LLP i:_i..i. 4 s - : :.: Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 PRO T 11"i C i �7 1617 JFK Boulevard, Suite 1400 , r One Penn Center Plaza Z,Z 3 0 C 26 Ak a,` Philadelphia, PA 19103 �,, , . � � Adam.Davis @PhelanHallinan.com P EN N3YLVA111 215-563-7000 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff , CIVIL DIVISION V. , NO.: 13-762 CIVIL ANDREW FISH , Defendant(s) , CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: mss:!!�C•� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-762 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK,NATIONAL ASSOCIATION Plaintiff(s) From ANDREW FISH (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $154,560.67 L.L.: $.50 Interest FROM 12/25/2013 TO DATE OF SALE($25.41 PER DIEM)-$4,116.42 Atty's Comm: Due Prothy: $2.25 Atty Paid: $194.21 Other Costs: Plaintiff Paid: Date: 12/26/13 i . David D. Buell,Prothonota (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address:•PHELAN HALLINAN,LLP 1617 HK BLVD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Atxorney for Plaintiff UNBERLAND C0LIWV PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK, NATIONAL CUMBERLAND COUNTY ASSOCIATION Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ANDREW FISH Defendant(s) : No.: 13-762 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: (5-41(te• Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 817078 Jpmorgan Chase Bank, National Association Plaintiff v. Andrew Fish Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13-762 CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Jpmorgan Chase Bank, National Association, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 230 llth Street, New Cumberland, PA 17070-1617. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Andrew Fish 230 llth Street, New Cumberland, PA 17070-1617 2. Name and address of Defendant(s) in the judgment: Name Andrew Fish Address (if address cannot be reasonably ascertained, please so indicate) 230 llth Street New Cumberland, PA 17070-1617 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Republic Western Insurance Company Republic Western Insurance Company C/O Michael J. Dougherty, Esquire P.O. Box 21688 Phoenix, Az 85036 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) PH # 817078 None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 230 llth Street New Cumberland, PA 17070-1617 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 PA Department of Revenue Bureau of Individual P.O. Box 280601 Taxes Inheritance Tax Division Harrisburg, PA 17128-0601 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 117(7(ce PH # 817078 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 • Name and Address Of Sender Phelan Hallinan, LLP 114 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/KAZ - 06/04201 Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 •*** Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division S0.48 6th Floor, Strawberry Sq. Dept280601 Harrisburg, PA 17128 2 **** PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division 50.48 P.O. Box 280601. Harrisburg, PA 17128-0601 RE: ANDREW FISH (CUMBERLAND) PH # 817078/1026 Page 1 of 1 45 Day :50.96 Tool Number of Total Nmrbar ofPieces Poafmaor, Pa {Flame of TM MI dsdarstion evens ns is required m all domaiis and tnteroadaad nesiaend mil. The n Pieces tirtodbySaida Remised ;Oast Offset RemainErsplayerei for the .resaaswgrondnonneviebk*annals sada Express flap domanntl tcootfsnactien piece abject to a limit of S500,000 pet occrsiu me. The maximum indemnity peyabk on Eaprc The maximum hulemnity payable is RS,000 kr registered man, scat lith optional lamina 0 R900 5913 sod SP21 harh u damage. Form 3877 Facsimile `817078 Name and Address Of Sender Line 1 Article Number 2 r 3= 4 5 6 7 Total Number of Pieces fisted by Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 14C0 One Penn Center P1 Philadelphia, PA 191 AZK/CET -1/6/04/2014 SALE Name of Addressee, treet, and Post Office Address TENANT/OCCUPA 230 11TH STREET NEW CUMBERLAI Postage $0.45 , PA 1,7070-1617 Republic Western InMurance Company P.O. Box 21688 Phoenix, AZ 85036 REPUBLIC WEST INSURANCE COMPANY C/0 MICHAEL J. DOUGHERTY, ESQUIRE 1400 KOPPERS BUILDING 436 SEVENTH AVE IUE PITTSBURGH, PA 15219 Domestic Relations or Cumberland County 13 Noi•th Hanover Street Carlisle, PA 17013 $0.45 $0.45 $0.45 Commonwealth of Pennsylva Department of Welf P.Q. Box 2675 • Harrisburg, PA 171 $0.45 Internal Revenue Se ice Advisory 1000 Liberiy Avenu Room. 7)4 Pittsburgh, PA 15• .1 $0.45 U.S. Department of lice. U.S. Attorney for th Middle District of PA Federal Building 228 Walnut Street, S to 220 PO Box 11754 Harrisburg, PA 171 I 1754 $0.45 RE: ANDREW Fl - (CUME ERLAND)H #.8170718/102 Total Number of Pieces Received at Post Office Form 3877 Facsimile Pm mister, Per (Name of Receiving Employee) 3!t15' The full declaration of value is required on all domestic and internstioml registered mail. The maximum indemnity payabk f * the recdatmctbn of nonnegotiable docimxna under Express Mail document reconstruction insurance is $50,000 per piece subject to s limit of S300,000 per oceufrcne. The maximum indemnity payable on Express Maifinetchandisc is $500. The maxim= indemnity payable is S2S.O0Qfor egisteted mail. sent with optional ittsuratkc. Sec Domestic Msil Manual R900 5913 and S92 for limitations of cordage SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor C FfCy OF. NES ER;FF FHF P i40Iii��''..1:ili'�J ., I�t9r't F 2014 AUG 18 P112: 1i; CUMBERLAND COUNTY PENNSYLVANIA JP Morgan Chase Bank National Association vs. Andrew Fish Case Number 2013-762 SHERIFF'S RETURN OF SERVICE 03/27/2014 02:53 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 230 11th Street, New Cumberland - Borough, New Cumberland, PA 17070, Cumberland County. 03/31/2014 07:47 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Andrew Fish at 230 11th St., New Cumberland Boro., New Cumberland, PA 17070, Cumberland County. 06/04/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of, JPMorgan Chase Bank National Association, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $832.91 SO ANSWERS, July 28, 2014 RONNN R ANDERSON, SHERIFF .940 . t „pd &. . SV L-1_ . pI 4ky'4'237�' 3 ©f97 ::i CountyStNte Sheriff teleosoft. €nc «D a On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as 230 11th Street, New Cumberland, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: l LL( -a state Coor inator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-762 Civil Term JP Morgan Chase Bank National Association vs. Andrew Fish Atty.: Joseph Schalk By virtue of a Writ of Execu- tion No. 13-762 CIVIL JPMORGAN CHASE BANK, NATIONAL ASSOCIA- TION v. ANDREW FISH owner(s) of property situate in NEW CUMBER- LAND BOROUGH, CUMBERLAND County, Pennsylvania, being 230 11TH STREET, NEW CUMBERLAND, PA 17070-1617. Parcel No. 26-24-0811-092. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $154,560.67. 55 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 2 da of Ma 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE KORO., CUMBERLAND CNTY My Commission Expires Apr 28. 2018 The Patriot -News Co. ;�. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inqu1ries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 cue patriot//Yews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2013-762 Civil Term JP Morgan Chase Bank National Association Vs ivAndrew Fish : Joseph Schalk �.,�,`....�...__ CUMBERLAND County, Pennsylvania, being 230 11TH STREET, NEW CUMBERLAND, PA 17070-1617 Parcel No. 26-24-0811-092 (Acreage or street address) thereon: Improvements RESIDENTIAL DWELLING Judgment Amount: $154,560.67 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworn , `an s bscribed before me this 0 ,day of May, 201 A.D. COMMONWEALTH OF PENNSYLVANIA My Commission Seal Hol L n Warfel, Notary Public Washington Twp., Dauphin County Commission Expires Dec. 12, 2016 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES Holly Lynn p , P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which JPMorgan Chase Bank N A is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 26th day of December, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 762, at the suit of JPMorgan Chase Bank N a against Andrew Fish is duly recorded as Instrument Number 201418344. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /7 , A.D. ( /171 • tgr Recorder of Deeds Recon{, a of Deeds, Cumberland County, Carlisle, PA My C mmission Expires the First Monday of Jan. 2018 day of