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HomeMy WebLinkAbout13-1541 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 3600 HORIZON DRIVE, SUITE 150 f KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 12- 041094 - U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank, N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset - Backed Certificates, Series 2003 -6 C PLAINTIFF NO: Vs. ; Robin L. Kennedy flea Robin L. Rudy 516 Westmoreland Avenue Enola, PA 17025 Robert Kennedy 516 Westmoreland Avenue Enola, PA 17025 ; DEFENDANTS ; COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Q L 2 -4 _ c � �g> Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717 - 249 -3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 12- 041094 U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank, N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset - Backed Certificates, Series 2003 -6 PLAINTIFF NO: 0 Vs. Robin L. Kennedy flea Robin L. Rudy 516 Westmoreland Avenue Enola, PA 17025 Robert Kennedy 516 Westmoreland Avenue Enola, PA 17025 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2003 -6, the address of which is, c/o JPMorgan Chase Bank, N.A., 3415 Vision Drive, Columbus, Ohio 43219, brings this action of mortgage foreclosure upon the following cause of action: i . (a) Parties to Mortgage Mortgagee Chase Manhattan Bank USA, N.A. Mortgagor(s) Robin L. Rudy and Robert Kennedy (b) Date of Mortgage September 4, 2003 (c) Place and Date of Record of Mortgage Recorder of Deeds Cumberland CountyMortgage Book 1837, Page 1936 Date: September 23, 2003 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments Assignor: Chase Bank USA, N.A. F /K/A chase Manhattan Bank, USA, National Association Assignee: U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2003 -6 Date of Assignment: May 8, 2012 Recording Date: June 1, 2012 Instrument No.: 201216366 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3, The real property which is subject to the Mortgage is generally known as 516 Westmoreland Avenue, Enola, PA 17025 and is more specifically described as attached as part of Exhibit "A ". 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note "). A true and correct copy of the Note is attached and marked as Exhibit "B ". 5. The names and mailing addresses of the Defendants are: Robin L. Kennedy fka Robin L. Rudy, 516 Westmoreland Avenue, Enola, PA 17025 and Robert Kennedy, 516 Westmoreland Avenue, Enola, PA 17025. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of September 10, 2011 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of February 26, 2013: Principal Balance Due $71,713.78 Interest Currently Due and Owing at 7.625% $8,486.88 From August 10, 2011 through February 28, 2013 Late Charges $201.78 Escrow Advances $6,054.54 Appraisal Fees $825.00 Property Inspection $224.00 Property Preservation $360.00 T TAL $87,865.98 9. Interest will continue to accrue each day that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. As this property is vacant, notice pursuant to 35 P.S. § 1680.402c et seq., commonly known as Act 91 Notice, is not applicable. Notice of Intent to Foreclose pursuant to 41 P.S. § 403, commonly known as Act 6 was sent by first class and certified mail to each defendant at the mortgaged property address. True and correct copies of the Notices are attached hereto as Exhibit "C." WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses., costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC t Date: BY: At neys fo Plain ' f S & D File No. 12- 041094 6 - ..fPt -RT P. ZIMEil- ;C'f DER OF DEEDS MBERLAND COUNTY-FA Y3 SEP 23 AM 11 1� Prepared By. ifttwo .. Jacqueline Shelmira Fareel Number. 915119 09 4 [Space Above This Line For Recording Aata) MORTGAGE Recordings Requested by & When Recotded Return To: US Recordings, Inc. 2925 Country Drive Ste 201 St. Paul, MN 55117 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3. 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are aigo provided in Section 16. (A) "Security Instrument" means this document, which is dated Septeatber 4, 2003 together with all Riders to this document. (B) "Borrower" is ROBIN L RUDY AND R013ERT 1;8I't my Borrower is the mortgagor under this Security fustwment_ (C) "Lender" is MASS XAMIATWO DAM USA, it. A. Lenderisa nationally chartered bank PENNSYLVANIA - Single Family . Fannie Mae/Freddle Mae UNIFORM INSTRUMENT Form 3039 1101 I,k- ti(PA) l000a> Pao* T of le fnhlele: VMPMONTOAWFOAMB- 10(i0Ja2 3 27 RUDY BK 18 3 7 PG 19 3V t � �x h� b�f A organized and existing under the laws of MIT= 9TAxttiB oe Llt81txCA Lender's address is 200 White Clay Canter Drive, Newark, b8 19711 Lender is the Mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated 9aptomber a , 30 03 7be Note states that Borrower owes Lender SWv=TY Nna THOUSAND T" H=RBD re 00 /100 Dollars (U.S. $ 79, g 00.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 10, 7033 (E) "property" means the property that is described below under the heading "Transfer of Rights in the p roms ,� (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Noto, and all sums due under this Security Instrument, plus interest. (d) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as apphcablel: Adjustable Rate Rider Condominium Rider Second Home Rider VA Rider Rid Planned Unit Development Rider 1 -4 Family Rider 0 VA Yoder Biweekly Payment Rider Others) [specify) (H) "Applicable Law" means Al controlling applicable federal, state and local statutes, reguladons, ordinances and administrative rules and or (that have the effect of law) as well as all applicable tole), non - appealable judicial opinions. (I) "Community Asweladon Dues, Fees, and Asseumenta" means all dues, fees, asseasments and other charges that are imposed on Borrower or the Pmperty by a condominium association, homeowners association or similar prga hadon. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated though an electronic terminal, telephonic instrument, computer. or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit ail account Such term includes. but is not limned to, point - -sale transfers, f (K) M I automated teller machine transactions, transfers initiated by telephone. wine transfers, and automated clearinghouse trans wmw Items" means those items that am described In Section 3. ers, (L) "Miscelmaeow Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described In Section 5) for: (i) damage to, or destruction of, the Property; (Et1) condemnation or other taking of all or any part of the Pro (iii) conveyance in lieu of condemnation; or (iv) misrepreuntadona of, or omissions as to, the value and/or condign of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the non the Loan, payment of, or default on, (N) "Perlodk Payment" means the regularly scheduled amount due fur (i) principal and interest under the Nate, plus (ii) any amounts under Section 3 of this Security It►strurnent. -6(PA) pods) page t8 nNla�� a Form aom 1 101 0721 MY 6K 1837PG 1 937 - - - - -- (0) " KtRSPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F,R, Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are Imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan under RESPA. (P) "Suceexsor in Kuterest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFM OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covaaants and agroements under this Security Instrument and the Notc. For this Purpose, Borrower does hereby mortgage, grant aril convey to Lander the following described property located in the Coun by (Typo of Recording roriidiaton) of Cumberland theme of Recording Juri>idlolEonl; All that tract; or parcel of land as ,shown on Schedule "A" attached hereto which is incorporated herein and made a pest hereof. which currently has the addrm of 318 NUTMORELANA AVENGE KNOLA tsu"t) ("Property Address "): )Cityl,Pennsylvania 17026 IZtpCodc) TOGETHER WITH all the improvements new or hereafter erected on the property, and all easements, appurtenances, and Ctxa fes now or hereafter a part of the property. All replacements and additions snail also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the " Property. . ,�r� Initials: Pegv3of 19 C.► �B(pA) tOROi� Form 8038 1101 - 272t REPAY BK 1837PG 1938 BORROWER COVENANTS that Borrower is lawfully noised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of record. THIS SXURPTY I NSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a aniform security instrument covering real prey UNIFORM COVENANTS. Borrower and Lender covenant and agree as fallows: 1. Payment of Prinelpal, ititereat Escrow items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal. of, and interest on, the debt evidenced by the Note and any Prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items Pursuant to Section 3. Payments due, under the Note and this Security Instnuneai shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security hu ument is rdWnXd to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrwrient be made in one at more of the following forms, as selected by Lender, (a) cast" () money order: (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, Instrumentality, or entity; or (d) Electronic Funds lWsfer. Payments are ftuned received by Lender when received at the loeiWon designated in the Note or at such other location as tray be designated by Lender In accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are irlsufllCiemt to bring the Loan current. Leader may accept any Payment or partial payment insuffamt to bring the Loan current, Without waiver of any tights hereunder or prejudice to its rights to refuse such paym wt or partial payments in the future, but Lendea is not obligated to apply Bach payments at the dine such payments are accepted. If each Periodic Payment is app1w as of its scheduled due dale, then Loader need not pay interest on unapptied funds. Lender may hold such unapplfed funds until Borrower makes payment to bring. the I.oart current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from maidng payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2. all payments accepted and applied by Lender shall be applied in the following order of priority; is interest due under the Note: (b) principal due under the Note; (c) amounts duo under Section 3. Such payments shall be applied to each Periodic Payment in die order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other am due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any laic charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstandiag, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in t -G(PA) ooa nftlrh— t t 1 P1tpe� at to dorm 3059 1101 . 272 t Army BK 1837PG 1939 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepaymettts shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the ai nount, of the Pedodie Payments. 3, Funds for Escrow Items. Borrower shall pay to Lander on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for, (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, If any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance piwni runs, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage insurance premiums in accordance with the provisions of Section 10. These items are called T19M w Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall an Escrow Item, Borrower shall promptly furnish to Lander all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lander tray waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lenft may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrummt, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights tinder Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 arid, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and bold Funds in an amount (a) suftimt to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of currant data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable law. The Funds gall be held in an institution whose deposits are insured by a federal agency, insnumentaiity, or entity (including Lender, if Leader is an institution whose deposits are so marred) or in any Federal Home Loan Bank. Lender shall apply the Fttnds to pay the Fmow Items no later than the time specified under RESPA, Gender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lander pays Borrower interest. on the Funds and Applicable Law permits Leader to matte such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall Rot be required to pay Borrower any interest or earnings on the Funds, Borrower and Lander can agree in writing, however, that into r st shall be paid on the �`^. (� InNlwls B(PA) (oaa91 Page $ nl t8 Form 3089 1101 ;272% RUDY BK ( 837PG 194U Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as rewired by RESPA, If there is a surplus of Funds held in escrow, as defined under RF.SPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, lender shag notify Borrower as required by RESPA, vtd Borrower shall pay to LaWar the amount neceassury to make up the shortage in accordance with RESPA. but in no more than 12 monthly payments. If there is it deficiency of Funds held in escrow, as defined Under RESPA, Lender shall notify Borrower as required by RESPA, and Botro►ver shall pay to Lender the amount necessary to make up the deficiency to accOfdaace with RESPA, but in no more than 12 monthly payments, Upon payment in full of all stuns secured by this Security Instrument, Lender Shan promptly refund to Borrower any Funds held by Lender. 4. Charges; Lim. Borrower shall pay all taxes, assessments, charges, fines, and impositions ground rants on attributable to the Properly which can attain pri ority over this Security Instrument, leasehold payments or the Property, if any. and Community Association Dues. Fees, and Assessments, if any, To the extent that these items are Barrow heats, Borrower shall pay them in the n mna provided in Section 3. Borrower shall lmou►pdy discharge soy Ben which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner ae n xeptabla to defends but only so long as Borrower is performing such agreement; (b) contests the Lien in good faith bl or against enforcement of the lien ln, kgal proceedings which in Lander's opinion uded; operate to prevent the enforcement of the lien while those proceedings are pending. but only until such proceedings are carnct or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating Security Instrument, If Lender deteratines drat any part of the lien to this the Priority over this Security JnStrumanL Lander may 1>erty it sub rt ject ton li lien lien. can attain days of the date on winch Drat notice is given, Borrower shall satisfy th lien or take ono or more of the actions set forth above in this Section 4. Lender tray require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Inererance. Borrower shall koep the irrquovements now existing or hereafter erected on the oPe' insured against Ions by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which bender requires insurance, This Insurance shall be maintained in the amounts (including deductible lovers) and for the requires, What Lender requlrca pursuant to the change during Perms that Lender The insurance carrier providing the insurance all be Chown by Borrower subject to lam of theghLoan disapprove Borrower's choice, which right shall not be exercised w reasonably. Lender may require Borrower to pay, in eomtection with this Loa, either. (a) a one -limp charge for flood zone determination, certification and hraddrtg servim; or (b) a on&time charge for food zone determination and certification services and subsequent charges each dtne Mappings or similar changes occur which reasoraebly might affect such deteminadon or c4r ifka on- Borrower shad also be respmdMe for the payment of any fees Imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 10m'e( pa) (000p Page a 01 19 tnlu��i Forth 3099 '!!ot 1272: RIMY BK 1 837 PG 194 i If Borrower fails to maintain any of the coverages described above, Lander may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any Particular type or amount of coverages Therefore, such Coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater of lesser coverage than was prevloualy in et3fect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate iron the doe of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies &W be subject to Gender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requirts, Borrower shalt promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the property such policy shall include a standard mortgage clause and shall name tender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Landes and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by L,mder, shell be applied w restoration or repai of the Property, K the resmrad or repair is economically feasiblo and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lauder has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satioCkdon, provided that such inspection shalt be undatalcan promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement 's made in writing or Appli cable Law tequrires interest to be paid on such Insurance proceeds. Lender shall not be requhrA to pay Borrower any interest or earnings on such proceeds. Fees for pudic adjusters, or other third partW, retained by Borrower shall not be paid out of the insurance proceeds and ahall be the sole obligation of Borrower. If the restoraton or repair is not economically feasible or Lender's security would be kssened, the, insurance proceeds shall be applied to the sums secured by this Security Insmanent, whether or not then due, with the excaA if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for In Section 2. If Borrower abandons the Property, bender may file, negotiate and settle any available Insurarnce ctaim and related rrratters. If Borrower does not respond within 30 days to a notice from Lander that the insurance carrier has offered to settle a claim. then Lender may negotiate and settle the claim. Tbo 30-day period will begin when the notice is given. In either event, or if L enulPx acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in as amount not to exetrd rho amounts unpaid under the Noto or this Security Instrument. and (b) any other of Ilorrower's rights (other than the right to any refund of utwarned premiums paid by Borrower) under all nrauance Policies covering the Property, insofar as such rights are applicable to the covemge of the Property. Lender may use the insurance pracecds either to repair or restore the property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Inlil�t��C et PA) teener Pager 7 of 18 T Form 3839 1/01 :272: R1rbX BK 1837 Pf i X46 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the data of occupancy, unless Lender otherwise agrees in writing, which eoastnt shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Rom war's cuntroL 7. Prettparvatton, Maintenance and Fratecdon or the Property; Inspections, Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in valise due to its condition. Uniess it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. ff insurance or condemnation proceeds are paid in connection with damage to, or 'tire taking of, the Property, Borrower ftU be responsible for repairing or restoring the Property only if Lender )secs released proceedg for such purposes. Leader may disburse proceeds for the repairs and restoration in a siagle payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restate the Property, Borrower is not relieved of Borrower's obligation for the completion of sucb repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may htWwt the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Bormwer or with Borrower's knowledge or consent gave materially false, misleading, or inamurate information or statements io Leader (or failed to provide Lender with material iaforawtian) in concoction with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of dte Property as Borrower's principal residence. 9. Protection or Leader's taterest in the Property and [tights Under this Security Instroment. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this SecuAty Instrument (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Leader may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights tender this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to (a) paying any stems secured by a lien which has priority over this Security Instrument, (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board tip doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utidides tamed on or off, Although Leader may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. initNUt A 6(PA) (00001 Page a or ,a poem 3039 1101 t272 MY BK1837PG1943 Any amounts disbursed by lender under this Section 9 shaU become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rave from the date of disbursement and shall be payable, with such interest, upon notice from lender to Borrower requesting payment. If this Security Instrument is on a Leasehold, Borrower shall comply with all the provisions of the lem If Borrower acquires fee title to the Property, the Itasehold and the fee title shall not merge union Lender agrees to the merger in writing. 10. Mortgage Usumece. If ]..ender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insunrce in effect. If, for any reason, the Mortgage Insurance coverage required by lender ceases to be available from the mortgage inam that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Wrtgage Insurance previously in offect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in cffcct. from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Iruunu oe coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and bender shall not be required to pay Borrower any interest or cas rings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lende t again becomes available, is obtainW. and I=Kkr muim separately designated payments toward the premiums for Mortgage Insurance. If Lender regtdred Mortgage Insurance as a condition of making the Loan and Borrower was required to Hutto separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums requited to maintain Mortgage Insurance in effect, or to provide anon- refundable loss re serve, until Lender's requtitarnext for Mortgage Insurance ends In accordance with any written agreement between Borrower and Lender providing for such termination or unlit termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rata provided in the Note. Mortgage Insurance reimburses Laxler (or any entity that purchases the Note) fot c erWn losses it may incur if Borrower does not ropey the Loan as agreed. Borrower is not a patty to the Mortgage Insurance. Mortgage insurers evaluate their 6DW risk on all such insurance in force from time to time, ad may enter into agreements with other parties that sham or modify their risk, or reduce losses. Ttlese agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other petty (or patties) to these agreements. These agreements may require: the: mortgages insurer to make payments using any source of funds that the mortgage insurer may have available (which may include fuMs obtained from Mortgage InAmce premiums). As a result of theme agreements, Lender, any purchaser of the Note, another inn=, any reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be ehatacierind as) a pardon of Borrower's payments for Mortgage lnsurance, in exchange for sharing or modifying the mortgage insurca's riot, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's rislt in exchange for a share of the premiums paid to the insurer, the arrangement is ohm termed "captive reinsurance." Further: (a) Any such agreements wig not affect floe amounts that Borrower hers agreed to pay for Mortgage Insurance, or tray other trams of the loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Inhiah: 6(PA) 0000 Pe04 0 01 to Form 7059 1101 12721 RUpX $K l 837 PG 1ON (b) Any such agreements will mot affect the rights Borrower has • df any • with respect to the Mortgage Insurance tender the Housteowwn Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage In uramce terminated automatically, and/or to receive a ref and of any Mortgage Insurance premiums that were unarmed at the lime of sack cancellation or t"Ination. 11, Aeatgnment of MiscAaatons Proceeds; Forfeiture. AD Miscellaneous Proceeds are hereby assigned to and shall be paid to Under. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the reswrWon or repair is econoraically+ feasible and Lender 'a security is not lessened. During such repair and relaxation period, Lander shall have the right to hold such M isee bineoug Proceeds until Lender has had an a tom Inspect shaft undert promptly. L,ender may pay or compleAed 1h e t � satis(and actiorn, pro such is for th sand restoration in a single disbursement or in a serial of areas payments as the work Is completed. Unless an agreement is made in writing or Applicable Law interest to be paid on such Miscellaneous Proceeds, lender shall not be required to pay Borrower any lateirest or earnings on seek Misc ellaneoas Proceeds. If the restoration or repair is not economleally feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums seemed by this Security Inst rant, whether or not then due, with the excess, if any, paid to Borrower, Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or lose in value of the Property, the Miscellaneous proceeds shall be appiiad to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, pail to Borrower. In the event of a partial tatting, destruction, or loss in value of the Prop" in which the Fair market value of the Property immediately before dta partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruetioa, or loss in value, unless Borrower sad Lender od wiw agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaueous Proceeds multiplied by the following fractto L (a) Ate total amount of the sums secured immediately before the partial taking, destruction, or loss In value divided by (b) the fair market value of the Property bentediately before the partial taking, destruction, or loss in vulm Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property is which the fair market value of the Property immediately before the partial Wdn - destruction, or loss in value is less Shan the amount of the suns secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums ace then due, If the Property is abattdonad by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to acetic a claim for darnages. Borrower fails to respond to Lender within 30 days after the date the notice is given, Lauder is authorized to collect and apply the Miscellaneous Proceeds either to restornios or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third � ty that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action m regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, Is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Inurement. Borrower can cure such a default and, if acceleration has occurred, reinstate as 'dad in Section 19, by causing the anion or proceeding to be dismissed with a ruling that, in Lender 's ndgment, precludes forfeiture of the Property or other material impairment of I"glrU: <Ck- tr(PAy (000s) Pago i c of 16 Fatm 3039 1101 :272: RUDY OKI837PG190 Lender's inwzeft in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender, An Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for In Section 2. 12. Borrower Not Retested; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Ista t of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Leader shall not be, required to commence proceedings against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amatti7vion of the sums secured by this Security Instrument by reason of any domand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exa vising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Coaipem; Successors and Assigns BomW. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security laatiument but does not execute the Note (a "co- signer "Y (a) is co-signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the Co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who usumes Borrower's obligations under this Security Instrument in writing, and is approved by Lander, shall obtain all of Borrower's rights and bemflts wider this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security instrument unless Lender agrees to such release in writing, The covenants and agreancnts of this Security Instrument shall bind (exc opt as provided In Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's Interest in the Property and rights under ibis Security Instrument. including. but root limited to, attorneys' fees, property inspection and valuation fete. In regard to any other fees, the absentee of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prolu'bidon on the charging of such fee. Lender may not charge fees that are expiessly prohibited by this Security Instrument or by Applicable, law. If the Lawn Is subject to a law which no maximum load charges, and that law is finally interpreted so that tkte Interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then. (a) any such km charge shall be reduc od by the amount necessary to reduce the charge to the permitted Unfit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lander may choose to make this refuted by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepaymmt charge is provided for under the Note). Borrower's acoepm= of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge, 4ft-S(PA) taoogh Pane 11 of It Forrn ao3v clot tMe RUDY Bi4 i 837 PG 1946 15. Notices. All notices given by Borrower or Lender in connection with ibis Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrttamt shall be deemed to have been given to Borrower when makd by first class mail or when actually delivered to Borrower's notice address if sent by other means. Nodco to any one Borrower shall constitute nodes to all Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be the Property Address unless Borrower hag designated a substitute notice address by notice to Lender. Borrower shall pnxnpgy notify Louder of Borrower's change of addtras. If Larder specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure, There may be Only one designated notice address under this Security Instrument at any one time, Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated hexnin unless Lender has designated another address by notice. to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lander until actually received by Lender. If any notice required by this Security Instrument is also required tinder Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement this Security Instrument. 16 Ooven tug Law; SeverabWty; Ra&* of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations containod in this Sormity Instnunant are subject to any requiroments and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security IrOmment or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice verses, and (c) the word "Wray" gives sole discretion without any obligation to take any action. 17.Ourrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Truster of Om Properly or a Beuatfkkl Interest is Borrower. As used in this Section 18, "Interest in the Property" moans any legal or bonefieial interest in the Property, in WI% but not limited to, those beneficial interests transferred in a bond for deed, contract for decd, installment sales contract or escrow agmanen t, the intent of which is the transfer of title by Borrower at a futures date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a bwoficial'ottorast in Borrower is sold or kmWerrod) without Lender's prior written consent, Lender may require irrmediata payment in full of all sums we=d by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lander exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all stuns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Insmurnent without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, I)orrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of solo contained in this Security instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to winstate; or (c) entry of a judgment enforcing this Security Instrument, Those conditions are that Borrower; (a) pays Lender all sutras which them would be dire under Otis Security Inatretntent and the Note as if no acceleration had occurred; (b) cores any default of any other covenants or agreements; (c) pays all FnItldFe: A(PA) tooaee Pays to of to Form 3038 1/01 .2721 iet71;1Y BK 18 3 7 PG 1941 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable atromeys' fees, property inspection.and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the, sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) mousy order; (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shat! remain fully effective as if no aocahm Lion had occurred. However. this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change or Low Servicer; Notice of Grievem. 7be Note or it partial laterest in the Note (together with this Security Instrument) can be said one or more times without prior notice to Harrower. A sale might insult in a change in Ike entity (known as the "Loan Servicer") that collects Periodic Payments due under the Now and this Security Instrument and performs other modMe kin servicing obligations under the Note.'this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Now. If there is a Grange of the Loan Srrvicxr, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other inibmiatkm RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the m0rrgage loan servicing obligations to Borrower will remain with the Loan Seavicer or be transferred to a successor Loan Servicer and are not assumed by the Now purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be jointed to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other ;tarty W breached any provision of, or any duty owed by reason of, this Securky Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requ iremonts of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective AcAW. If Applicable Law provides a time period which must alslrse before cartain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 19 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20, 21, Hazardous Substances. As used in this Section 21, (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances. pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formatdcltyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "lnvironmental Cleanup" includes any response action. remedial action, or removal action, as defined in Environmental Law; and (d) an `Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. InItlnIC •0(PA) (occel Pape is at 1a hi Form 3059 1 /e1 t 272: R>roY B�{ { 837 PG 19r Borrower shall not cause or permit the presence, W., dispose(, swaM or release of any Hazardous Substances, or thseaten to release any Hazardous Substances, on or in U p ropeny. Borrower shall not do, nor allow anyone else to do. anything affecting the Property (a) that is in violation of any Environmental ,Law, (b) which creates an Environmental Condition, or (c) which, dtw to the prescuce, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of tho Property. The preceding two sentences shall not apply to the presence, use, or slorage on the Property of small gnanddU of Hazardous Substances that are gawrally to be appropriate to normal resldetttial uses and to maintenance of the Property (including, but tro toi, hazardous substances in consumer products). Borrower Shall promptly give Lander written notice of (a) any investigation, claim, dMand, lawsuit or ether action u any Hazardous Su goverm"nest or regulseory agency or private party involving the Property and any bstance or Enviranmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spin ling. leaking discharge, release or threat of relttase of any HaMdous Substeneo, and (c) any condition caused by the presence. use or release of a Hazardous Substance which adversely afTects the value of the Property. Tf Borrower learns, or is notified by any governmental or platDry authority, or any private party, that any removal or other remodiadon of any chars in Hazardous Substance actions in the Property is necessary, Borrower shall promptly 1*6 all y remedial accordance acting with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON -UNUMM COVENANTS. Borrower and Lender further covenant and agree as follows.. 22. Acceleration; Remedies.. Lender sball give nonce to >sorrowe r p rior to acceleration following Borrower's breach of any covenant or agreement m this Security butrunmi (but not prior to acceleration under Section Ig nalless Appllrabk Low provides otherwise). Leader shall notify Borrower Of, among other things: (a) the debate; (b) the action required to cure the del"; (c) when the default must be cured; and (d) that Mure to cure the debate as May result in aCe@teratkm of the Sums secured by this Security Instrument, foreclosure by J= p and stern of the Property. Leader shall further hdbr m Borrower of the rigbt to rebweate saw ttecel"don and the right to assert in the foreclosure proceeding the ;ton- eubtence or a default or any nder at up option may r other defense of Borrower to acceleratio>d and forecloeatre. It the default is not twtred as gedfied, eequire hnmediate payment in full of alt auras aeaured by thin Secant Imtrantent wkboaI farther demand and may f4rectaae title Security YaaMtuseat by Jndiciat PZWLe�sder shall be eaWW to cotiect a ll expenses brcurred fa puranhi the remedies provided in this clop 2Z, including, but not IiWted to, attorneys' fees and costs of evidence 10 the extent permitted by A Law. 23. Release. Upon payment of all sums secured by this Security bwame nt, iris Security Instrument and the estate convoyed shall terminate and become void. After such occturence, Lender shall discharge and sad* this Security Instrument. Borrower snail pay any rec ordmim costs. leader may charge Borrower a fce for releasing this 3ecority Instrument, but on! if the fix is paid to a third pasty far services rendered and the charging of the fee is permitted under Applicable Law. 24, Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any emar or efec dts in proceedings to anima this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exexaption from attachment. levy and sale, and homestead exemption, 25. Reinstatement Period. Borrower's time to reiastate provided in Section 19 shall extend to one hour Prior to the commencement of bidding at a sheriff's sale or otter sale pursuant to lids Security Instrument, 26. Purchase Mosey Mortgage. If any of the debt sec red by this Security IasWment is tent 14 Borrower to acquire title to the property, this Security IastnrIMU shall be a pnnchase money m e. 27. interest Rate After ,f edgment. Borrower agrees that the interest race payable efmr a Judg wnt is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to tierce under the No G(PA) (0009) Page U N to lnrtlal6:I `' - ����/� Form 9039 cloy 272 MY Bit 1837PG 19 BY SIGNING BEWW, Borrower accepts and agrees to the teams and covenants eonWned in this ScWrity Instmment and in any Rider oxemod by Borrower and recorded with it. Witnesses: (Seal) Rt)$IN L 3tX B orroww /ROBERT RAY Borrower (Seal) (Seal) - Borrower Borrower (SW) (Seal) - Borrower - Borrower (Seed) _ (Seal) - Borrower +BOrrawoi 4146(PA) tocoe) Pago 13 or is Form 3038 1101 :272 Zatt7AY BK 1837PG i 95U" r Certificate of Residence I, (..O fl 4 1 Z (I C'Gk TI (t,, , do hereby certify that the correct address of the within.named Mortgagee is Witness my 3 hand this day of .�'��7�' S�'1 U�1 � �� Agent of Mortgagoe COMMONWEALTH OF PENMYLVANIA, u` a County SS; On this, the ��' day fi ` bo 3 , before me, the uncle fined officer, personally appeared y� �. oe,a �'• �"aay POND \�4�sa,�� �MQ.o>;. 1 known to me (or satisfactorlly proven) to be the persons whose nan%Q ifs subscribed to the within instrument and acknowledged that ht,/shr�e` ;e uted tie same for the purposes heroin contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission Expires: NOTARIALSEAL cards ism 8ittm Nok" Public ` a. LomfPatdmTwp Duoin Coo* `x .: 'o K :. My Coltu Won Expk+►a Sfaptlirober 7, 2008 Title of Officer Inlllal�: 4M -NPA) room Page t8 of 16 Form 9099 1101 t272: RtN 1837PG 195 I 1 LEGAL ADDENDUM ALL THAT CERTAIN PIECE OR PARCEL OF LAND SATE AT ENOLA, IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BpIIND$D AND DFiSCRIBED AS FOLLOWS. BEGINNINCI AT A POINT ON THE SOUTWRLY C LINE OF WB57 MO BETWEEN LOTS N05, 4 AND 5 ON THE PLAN OF LOTS KNOWN AS WEST ENOLA ATHENE IN SOUTHERLY DIRECTION ALONG SAID DIVIDING LINE ONE HUNDRED FIFTY (150) FEET TO A TEN (10) FOOT ALLEY; THENCE IN A WESTERLY DIRECTION ALONG SAID TEN (10) FOOT ALLEY NINEN -FIVE (95) FLEET TO A POINT; THENCE IN A NORTHERLY DIRECTION ON A LUG AT RIGHT ANGLES TO WESTMORELAND AV[INUE; ONE HUNDRED FIFTY (130) FEET TO THE SOUTHERLY LINE OF WESTMORELAND AVENUE EASTERLY DIRECTION ALONG WESTMORELAND AVENUE NINE ; TIIBNCE M AN BROINNING, TY-FIVE (9S) FEET TO THE PLACE OF BEING ALL OF LOT NO.4 AND THE EASTERLY PORTY•FNE (45) FEET OF LOT NO, 3 ON THB PLAN OF WEST ENOLA AS RECORDED IN THE CUMBERLAND COUNTY RECORDERS OFFICE IN PLAN BOOK 1, PAGE 29. HAVING T CEN HEREON ERECTED A ONE STORY FRAME DWELLING AND CONCRETE BLOCK GARAGE, FORMERLY KNOWN AS CENTER STREET AND NOW DESIGNATED AS 516 WESTMORELAND AVENUE. BY FEE SIMPLE DEED FROM RICHARD L. REMY AND ROBIN L. RUDY AS SET FORTR IN BOOK 258, PAGE 2790 AND RECORDED 8!6/2003, CUMBERLAND COUNTY RECORDS. TM SOURCE DEED AS STATED ABOVE IS TIM LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DA'Z'E OF THE ABOVE RM'BRENCED SOURCE, DOMINION MINIO N U15ssS442- 010p1a REFINANCE HORTRII RFFN IU65797 0 Rhcardlnpe 1 Certify this to be recorded iI Cumberland County PA BK 1837PG 1 :J ��2 > 4.order of Deeds a NOTE 1 September 4, 2003 HARRISBURG . Pennsylvania [Date] [City] [State] 516 WESTMORELAND AVENUE, ENOLA, PENNSYLVANIA 17025 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 79,200.00 (this amount is called "principal "), plus interest, to the order of the Lender. The Lender is CHASE MANHATTAN BANK USA, N.A. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.625 ol, The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 10th day of each month beginning on October 10 2003 . I will make these payments every month until I have paid all Of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on September 10, 2033 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. Box 78828 Phoenix, AZ 85062 -8828 or at a different place if required by the Note Holder. (B) Amount ofMonthly Payments My monthly payment will be in the amount of U.S. $ 560.58 4. BORROWER'S RIGHT TO PREPAY SEE ATTACHED RIDER I have the right to make payments of principal at any time before they are due, A payment of principal only is known as a "prepayment ". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Now Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments SEE ATTACHED RIDER If the Note Holder has not received the full amount of any monthly payment by the end of XXXXX calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be XXXXX oh of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. MULTISTATE FIXED RATE NOTE, Singfe Faml)y- FNMA /FHLMC UNIFORM INSTRUMENT Form 7200 12103 Pape 1 Q12 TF A -5A (9410) RUDY VMPMORTOAOEFORMS- (000)521 -'O ", Inlllals: 611-% 9 8. OBLIGATIONS OF PERSON\ *NDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. THE PROVISIONS CONTAINED IN ROBIN IN L L RUDY RUDY —(Seal) - Borrower n THE -RIDER TO NOTE" SIGNED BY SSN: ALL BORROWERS NAMED HEREIN, ARE HEREBY INCORPORATED INTO -- (Seal) AND SHALL AMEND AND SUPPLEMENT ?BERV-& Borrower THIS NOTE. (Seal) - Borrower SSN: -- (Seal) - Borrower SSN: (Sign Original Only) Pay to the Order of: Without Recourse Chase Bank USA, N.A. f /k /a Ch Manhattan Ba k, USA N.A. mA {mss h cr m -5A (94 ion Pege 2 012 RUDY Form 3200 12183 RIDER TO NOTE • Note Date: September 4, 2003 For a valuable consideration, receipt of which is hereby acknowledged, both Borrower and Lender agree that this RIDER TO NOTE ( "Rider ") amends that certain Promissory Note ( "NOTE ") of date shown above, to which this Rider is attached. Borrower and Lender agree that this Note shall be subject to the following provisions, notwithstanding any provisions to the contrary contained in said Note or the Security Instrument given by Borrower to secure repayment of the Note. (Check Box if Applicable) ❑x LATE CHARGE FOR OVERDUE PAYMENTS If the Note Holder has not received the full amount of any monthly payment within 10 days of the payment due date shown on the monthly payment notice, I will pay a late charge to the Note Holder. The amount of the charge will be the Greater of 6.0 % of my overdue payment of principal and interest or $or $29.00 1 will pay this late charge promptly but only once on each late payment. 5 PREPAYMENT PENALTY You have a right to make payments of principal at any time before they are due. However, you must tell us in writing whenever you make a prepayment. Partial prepayments will not change the due dates of monthly payments and may not immediately affect the monthly payment amount. You have the option of selecting the three or five year prepayment penalty option, which determines how long the prepayment penalty will remain in force. If you prepay in full or in part during the first three (3) years of the loan, you will be charged a prepayment penalty premium equal to six (6) months' advance interest on the amount prepaid in excess of twenty percent (20 %) of the original principal balance within any twelve (12) month period measured from the Note date or anniversary thereof. If you prepay in full or in part during the fourth or fifth year, you will be charged a prepayment penalty premium equal to three (3) months' advance interest on the amount prepaid in excess of twenty percent (20 %) of the original principal balance within any twelve (12) month period measured from the Note date of anniversary thereof. N/ BALLOON PAYMENT THIS LOAN IS PAYABLE IN FULL AT THE END OF FIFTEEN (15) YEARS. BORROWER MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND THE UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. BORROWER WILL THEREFORE BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS BORROWER MAY OWN, OR BORROWER WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER BORROWER HAS THIS LOAN WITH, WILLING TO LEND BORROWER THE MONEY AT PREVAILING MARKET RATES, WHICH MAY BE CONSIDERABLY HIGHER OR LOWER THAN THE INTEREST RATE ON THIS LOAN. IF BORROWER REFINANCES THIS LOAN AT MATURITY, BORROWER MAY HAVE TO PAY SOME OR ALL CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN, EVEN IF BORROWER OBTAINS FINANCING FROM THE SAME LENDER, N/ NOTICE OF MATURITY At least ninety (90) but not more that one hundred twenty (120) days prior to the Maturity Date, Lender must send Borrower a notice which states the Maturity Date and the amount of the large balloon payment which will be due on the Maturity Date (assuming all scheduled regular monthly payments due between the date of the notice and the Maturity Date are made on time). ROBIN L RUDY ROBERT NNEDY I — AC6D518- 0412001 : 272: RUDY �"' REPPESENTATION OF PRINTED DOC>C1MENI Chase X 44090 CHASE 0 PO BOX 44090 Jacksonville, FL 32231 -4090 7107 8381 6544 2503 1195 December 21, 2011 3- 746 - 62394- 0000076 - 001 -01- 010 - 000 - 000 -000 ROBIN L RUDY 516 WESTMORELAND AVE ENOLA PA 17025 -2653 Acceleration Warning (Notice of Intent to Foreclose) Account: I "` Property Address: 516 wt 6 iivL.,..L_AND AVE ENOLA, PA 17025 ('the Property ") Dear Robin L Rudy: Under the terms of the Mortgage or Deed of Trust ( "Security Instrument ") securing your Loan, JPMorgan Chase Bank, N.A. ( "Chase ") hereby notifies you of the following: 1. You are in default because you have failed to pay the required monthly installments commencing with the payment due 09/10/11. 2. As of 12/21/2011, total monthly payments (including principal, interest, and escrow if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents in the total amount of $2,424.47 are past due. This past -due amount is itemized below. If applicable, your account may have additional escrow amounts that have been paid out and are due on the Loan. 3. If you have any questions about the amounts detailed below, please contact us as soon as possible at(800)848 -9380. Total Monthly Payments $2,242.32 Late Fees $168.15 NSF Fees $0.00 Other Fees* $0.00 Advances* $14.00 Amount Held in Suspense $0.00 *Other Fees and Advances include those amounts allowed b y Note and Security Instrument. Ifyou need additional information regarding any of these amounts, please contact us at the number provided below. You are also responsible for paying any amounts that become due from the date of this letter through the expiration date of 01/23/2012 set forth in Paragraph 4 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees and other fees, as permitted by applicable law. IN f R L7�F% tN 1 �x�� /C I RcI f'Rtw:S,EN ION k PRINFE C_ a:iO U "II_N If you have any reason to dispute the past -due amount listed above, or if you believe your Loan is current, please contact us at the number provided below. 4. If you are unable to pay your account current within 33 days, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original amount borrowed will be considered due immediately. If full payment of the amount of default is not made within 33 days, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. S. You have the right to cure the default, or anyone acting on your behalf, and pay your account current anytime at least one hour prior to the commencement of bidding at a sheriffs sale or other Judicial sale, not more than three times in any calendar year. To do so, you must: a) Pay or tender in the form of cash, cashier's check or certified check all sums that would have been due at the time of payment or tender in the absence of default and the exercise of acceleration; b) Perform any other obligation which you would have been bound to perform in the absence of default or the exercise of acceleration; c) Pay or tender any reasonable attorney's fees the reasonable costs of proceeding to foreclosure that were actually incurred up to and including the date the debtor cures the default, as specified in writing by the mortgagee d) Pay any reasonable late penalty, if outlined in the mortgage Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2 within 33 days from the date of this notice in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be repaid under the terms of your loan documents. 6. If you fail to cure the default on or before 01/23/2012, Chase will accelerate the maturity of the Loan, terminate your credit line if the Loan provides for revolving advances, declare all sums secured by the Security Instrument immediately due and payable and commence foreclosure proceedings, all without further notice to you. If this happens, Chase will be entitled to collect its expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure /attorney fees and other expenses permitted by your loan documents or applicable law. 7. 11' permitted by your loan documents or applicable law, you have the right to reinstate after acceleration of the Loan and the right to bring a court action to assert the nonexistence of a default or any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under the Loan, including attorney fees related to any foreclosure action we initiate. 8. Kindly remit the total amount due, shown in Paragraph 2 above, to the remittance address listed below. Please note that Chase policy requires certified funds if two insufficient funds (NSF) payments have been received in the last six months. In this event, Chase will not accept a Direct Check, FastPay or SpeedPay payment. NTERNE - F RE RIIN i" i-�E. PRESEN Vi i= 'f,'INJ D()( 11 , P ;..,.. Regular Mail: Chase PO Box 78420 Phoenix, AZ 85062 -8420 Overnight Mail: Chase PO Box 78420 1820 East Sky Harbor Circle South Phoenix, AZ 85034 -9700 Except as required by law, we are under no obligation to accept less than the full amount owed. If you send us less than the full amount owed, we may in our sole discretion apply such partial payment to your Loan without waiving any default or waiving our right to accelerate the Loan and continue with foreclosure proceedings in accordance with Paragraph 4 above. 9. If you are unable to pay the amount past due, Chase has a variety of homeowners" assistance programs that might help you resolve your default and keep your home; however, we need to talk with you to discuss these options and determine which of them might be appropriate for your circumstances. Please call us as soon as possible at (800) 848 -9380. 10. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, including visits to your Property at regular intervals during the default. This will be done to determine, as of the date of the inspection the property condition, occupancy status, and, possibly, your plans for curing the default and paying this Loan on time. You should anticipate that any costs incurred by Chase will be added to the amount you now owe if permitted by your loan documents or applicable law. 11. You have additional rights to help protect your interest in the property. You have the right to sell the property to obtain money to pay off the mortgage debt or to borrow money from another lending institution to pay off this debt. You may have the right to sell or transfer the property subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney fees and costs are paid prior to or at the sale (and that the other requirements under the mortgage are satisfied). Contact us to determine under what circumstances this right may exist. You have the right to have this default cured by any third party acting on your behalf. Chase offers homeownership counseling services to borrowers in some areas. Counseling is also available through a variety of nonprofit organizations experienced in homeownership counseling and approved by the Secretary of Housing and Urban Development (HUD). A listing of such organizations may be obtained by calling HUD toll -free at (800) 569 -4287 or at www.hud.gov, Sincerely, Chase (800) 848 -9380 (800) 582 -0542 TDD / Text Telephone «ww.chase.com Enclosure - Federal Trade Commission Pamphlet INTERNE REPRINT IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are a servicemember who is, or recently was, on "active duty" or "active service," or a dependent of such a servicemember, you may be entitled to certain legal rights and protections, including protection from foreclosure or eviction, pursuant to the Servicemembers Civil Relief Act (50 USC App. § § 501- 596), as amended (the "SCRA ") and, possibly, certain similar state statutes. Eligible service may include: • Active duty (as defined in section 101(d)(1) of title 10, United States Code) with the Army, Navy, Air Force, Marine Corps, or Coast Guard; • Active service with the National Guard; • Active service as a commissioned officer of the National Oceanic and Atmospheric Administration; • Active service as a commissioned officer of the Public Health Service; • Service with the forces of a nation with which the United States is allied in the prosecution of a war or military action; or • Service with the National Guard or a state militia under a state call to duty. Eligible service also includes any period during which a servicemember is absent from duty on account of sickness. wounds, leave or other lawful cause. If you are such a servicemember, or a dependent of such a servicemember, you should contact Chase Military Services toll -free at (866) 840 -5826 to discuss your status. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama ,Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams should be reported to PreventLoanScams.org or by calling (888) 995 - HOPE. Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 848 -9380 to discuss your options. The longer you delay, the fewer options you may have. Chase is a debt collector. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance and /or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secured party retains rights under its security instrument, including the right to foreclose its lien. BR840 INTERNET REPRINT [REPIRE=SEWN AI - ION 01- PRli, [ LID DO Ul , ,,IE: P Chase (FL5 -7734) PO BOX 44090 CHASE Jacksonville, FL 32231 -4090 7107 8381 6544 2503 1201 December 21, 2011 9- 746- 62394 - 0000077 - 001 -01- 010 - 000 - 000 -000 ROBERT KENNEDY 516 WESTMORELAND AVE ENOLA PA 17025 -2653 Acceleration Warning (Notice of Intent to Foreclose) Account: Property Address: 516 WESTMORhL.y,4D AVE ENOLA, PA 17025 ('the Property ") Dear Robert Kennedy: Under the terns of the Mortgage or Deed of Trust ( "Security Instrument ") securing your roan, JPMorgan Chase Bank, N.A. ( "Chase ") hereby notifies you of the following: I . You are in default because you have failed to pay the required monthly installments commencing with the payment due 09/10/11. 2. As of 12/21/2011, total monthly payments (including principal, interest, and escrow if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents in the total amount of $2,424.47 are past due. This past -due amount is itemized below. If applicable, your account may have additional escrow amounts that have been paid out and are due on the Loan. 3 _ If you have any questions about the amounts detailed below, please contact us as soon as possible at (800) 848 -9380. Total Monthly Payments $2,242.32 Late Fees $168.15 NSF Fees $0.00 Other Fees* $0.00 Advances* $14.00 Amount Held in Suspense $0.00 *Other Fees and Advances include those amounts allowed by your Note and Security Instrument. If you need additional information regarding any of these amounts, please, contact us at the number provided below. You are also responsible for paying any amounts that become due from the date of this letter through the expiration date of 01/23/2012 set forth in Paragraph 4 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees and other fees, as permitted by applicable law. INTERNET RE I NT If you have any reason to dispute the past -due amount listed above, or if you believe your Loan is current, please contact us at the number provided below. 4. If you are unable to pay your account current within 33 days, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original amount borrowed will be considered due immediately. If full payment of the amount of default is not made within 33 days, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 5. You have the right to cure the default, or anyone acting on your behalf, and pay your account current anytime at least one hour prior to the commencement of bidding at a sheriffs sale or other judicial sale, not more than three times in any calendar year. To do so, you must: a) Pay or tender in the form of cash, cashier's check or certified check all sums that would have been due at the time of payment or tender in the absence of default and the exercise of acceleration; b) Perform any other obligation which you would have been bound to perform in the absence of default or the exercise of acceleration; c) Pay or tender any reasonable attorney's fees the reasonable costs of proceeding to foreclosure that were actually incurred up to and including the date the debtor cures the default, as specified in writing by the mortgagee d) Pay any reasonable late penalty, if outlined in the mortgage Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2 within 33 days from the date of this notice in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be repaid under the terms of your loan documents. 6. If you fail to cure the default on or before 01/23/2012, Chase will accelerate the maturity of the Loan, terminate your credit line if the Loan provides for revolving advances, declare all sums secured by the Security Instrument immediately due and payable and commence foreclosure proceedings, all without further notice to you. If this happens, Chase will be entitled to collect its expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure /attorney fees and other expenses permitted by your loan documents or applicable law. 7. If permitted by your loan documents or applicable law, you have the right to reinstate after acceleration of the Loan and the right to bring a court action to assert the nonexistence of a default or any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under the Loan, including attorney fees related to any foreclosure action we initiate. 8. Kindly remit the total amount due, shown in Paragraph 2 above, to the remittance address listed below. Please note that Chase policy requires certified funds if two insufficient funds (NSF) payments have been received in the last six months. In this event, Chase will not accept a Direct Check, FastPay or SpeedPay payment. INTERNE'.]" REPRINT RE F'1alWSE N rATION O.F PRIN i EP DOCiSVf N T Regular Mail: Chase PO Box 78420 Phoenix, AZ 85062 -8420 Overnight Mail: Chase PO Box 78420 1820 East Sky Harbor Circle South Phoenix, AZ 85034 -9700 Except as required by law, we are under no obligation to accept less than the full amount owed. If you send us less than the full amount owed, we may in our sole discretion apply such partial payment to your Loan without waiving any default or waiving our right to accelerate the Loan and continue with foreclosure proceedings in accordance with Paragraph 4 above. 9. If you are unable to pay the amount past due, Chase has a variety of homeowners' assistance programs that might help you resolve your default and keep your home; however, we need to talk with you to discuss these options and determine which of them might be appropriate for your circumstances. Please call us as soon as possible at (800) 848 -9380. 10. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, including visits to your Property at regular intervals during the default. This will be done to determine, as of the date of the inspection the property condition, occupancy status, and, possibly, your plans for curing the default and paying this Loan on time. You should anticipate that any costs incurred by Chase will be added to the amount you now owe if permitted by your loan documents or applicable law. 11. You have additional rights to help protect your interest in the property. You have the right to sell the property to obtain money to pay off the mortgage debt or to borrow money from another lending institution to pay off this debt. You may have the right to sell or transfer the property subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney fees and costs are paid prior to or at the sale (and that the other requirements under the mortgage are satisfied). Contact us to determine under what circumstances this right may exist. You have the right to have this default cured by any third party acting on your behalf. Chase offers homeownership counseling services to borrowers in some areas. Counseling is also available through a variety of nonprofit organizations experienced in homeownership counseling and approved by the Secretary of Housing and Urban Development (HUD). A listing of such organizations may be obtained by calling HUD toll -free at (800) 569 -4287 or at www.hud.gov. Sincerely, Chase (800) 848 -9380 (800) 582 -0542 TDD / Text Telephone www.chase.com Enclosure - Federal Trade Commission Pamphlet 1NIrEF'NE 1 F,EJP1=.IN f REPRESE N TATIO y IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are a servicemember who is, or recently was, on "active duty" or "active service," or a dependent of such a servicemember, you may be entitled to certain legal rights and protections, including protection from foreclosure or eviction, pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501- 596), as amended (the "SCRA ") and, possibly, certain similar state statutes. Eligible service may include: • Active duty (as defined in section 101(d)(1) of title 10, United States Code) with the Army, Navy, Air Force, Marine Corps, or Coast Guard; • Active service with the National Guard; • Active service as a commissioned officer of the National Oceanic and Atmospheric Administration; • Active service as a commissioned officer of the Public Health Service; • Service with the forces of a nation with which the United States is allied in the prosecution of a war or military action; or • Service with the National Guard or a state militia under a state call to duty. Eligible service also includes any period during which a servicemember is absent from duty on account of sickness, wounds, leave or other lawful cause. I f you are such a servicemember, or a dependent of such a servicemember, you should contact Chase Military Services toll -free at (866) 840 -5826 to discuss your status. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams should be reported to PreventLoanScams.org or by calling (888) 995 - HOPE. Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 848 -9380 to discuss your options. The longer you delay, the fewer options you may have. Chase is a debt collector. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance and /or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secured party retains rights under its security instrument, including the right to foreclose its lien. BR840 INTERNET REi='RINT Pennsylvania Verification hereby states that he/�h is Vice President of JPMo gan Chase Bank, N.A. as Attorney -In -Fact for 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. Vice President Date: O�'-- 0`2 - - JU1�j JPMori!an Chase Bank, N.A. as Attorney -In -Fact for the Plaintiff Borrower: Robin L. Kennedy f /k/a Robin L. Rudy and Robert Kennedy Property Address: 516 Westmoreland Ave., Enola, PA. 17025 County: Cumberland Last Four of Loan Number: 4173 FORM 1 : IN THE COURT OF COMMON PLEAS OF U.S. Bank National Association, as Trustee, CUMBERLAND COUNTY, successor in interest to Wachovia Bank, N.A., as PENNSYLVANIA Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2003 -6 Plaintiff(s) VS. Robin L. Kennedy tka Robin L. Rudy 516 Westmoreland Avenue Enola, PA 17025 Robert Kennedy -. 516 Westmoreland Avenue Enola, PA 17025 DEFENDANTS Defendant(s) : �3 - Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be tiled with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: SHAPI & DeNARDO, LLC Date Attorneyss for �Plainti FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip:_ Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): Citv: State: Zip: Phone Numbers: Home: Office: _ Cell: Other: Email: _ # of people in household How Long? Mailing Address: City: State: Zip:_ Phone Numbers: Home: Office: Cell: Other: Email: of people in household How Long? FINANCIAL IN[OIZMAHON First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: _ Type of Loan: _ Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: _ Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year:_ Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: __ Monthly Expenses: Please only include ex enses you are currently a in EXPE NSE AMOUNT EXPENSE AMO Mortage Food 2 "d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto I nsurance Med. (not covered) Auto fuel /repairs Other prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money _ Day /Child Care /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes[ No If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No If yes, please indicate the status of the application: _ Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating in financial situation for possible mortgage options. I /We understand that I /We am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of income y Past 2 bank statements �J Proof of any expected income for the last 45 days v Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 : IN THE COURT OF COMMON PLEAS OF U.S. Bank National Association, as Trustee, CUMBERLAND COUNTY, PENNSYLVANIA successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2003 -6 Plaintiff(s) vS. Robin L. Kennedy flea Robin L. Rudy 516 Westmoreland Avenue Enola, PA 17025 Robert Kennedy 516 Westmoreland Avenue Enola, PA 17025 DEFENDANTS Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 : IN THE COURT OF COMMON PLEAS OF U.S. Bank National Association, as Trustee, CUMBERLAND COUNTY, PENNSYLVANIA successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset - Backed Certificates, Series 2003 -6 Plaintiff(s) vs. Robin L. Kennedy fka Robin L. Rudy 516 Westmoreland Avenue Enola, PA 17025 Robert Kennedy 516 Westmoreland Avenue Enola, PA 17025 DEFENDANTS Defendant(s) Civil CASE 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 (2 1) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff7lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson )i i iC Sheriff ptn Jody S Smith �atr a7+<n�nLr�•ta � (.r t Y{� IlQ I'{.,i��r_�:v*, Chief Deputy 2313 APR 17 All 9, 14 Richard W Stewart ` Solicitor OPMEOF THE SHERIFF CUMBERLAND CCU,14TY PENNSYLVANIA U.S. Bank National Association vs. Case Number Robin L. Kennedy(et al.) 1 2013-1541 SHERIFF'S RETURN OF SERVICE 04/15/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found" at 516 West Moreland Avenue, East Pennsboro, Enola, PA 17025. Residence is vacant. 04/15/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robert Kennedy, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found" at 516 West Moreland Avenue, East Pennsboro, Enola, PA 17025. The residence is vacant. Per the Enola Postmater the defendant has moved and left a forwarding address of 814 Lancaster Drive, Friendswood, Texas 77546. 04/15/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Robin L. Kennedy, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found" at 516 West Moreland Avenue, East Pennsboro, Enola, PA 17025. The residence is vacant. Per the Enola Postmater the defendant has moved and left a forwarding address of 814 Lancaster Drive, Friendswood, Texas 77546. SHERIFF COST: $74.00 SO ANSWERS, April 15, 2013 RONNY R ANDERSON, SHERIFF (c)CounryGm:o SM1enE,Te:^_osoft,Inc. v J IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE,SUCCESSOR IN ;CASE and/or DOCKET No.:13-1541-CIVIL INTEREST TO WACHOVIA BANK,N.A.,AS TRUSTEE FOR CHASE FUNDING MORTGAGE LOAN ASSET-BACKED CERTIFICATES, ;Sheriffs Sale Date: C '`� �i=F SERIES 2003-6;et seq. Plaintiff(Petitioner) fT7 ar C—y-. �1T7 Fri V. ROBIN L.KENNEDY FKA ROBIN L.RUDY;et al. CD Defendant(Respondent) ; AFFIDAVIT OF SERVICEi ' QCom taint�—^ .]Summons Other: I, 3��'t y,_7 certify that I am eight ep,years of ag�or o�ldgr and that I am not a party to the act' Nnor an employee nor relative of a party, and that I attempted to serve ROBERT KENNEDY the above process on the day of /-t"(JY-(,6 20 S'J,at�:y O o'clock,PM,at 814 LANCASTER DRIVE FRIENDSWOOD,TX 77546 —1 Manner of Service: By handing a copy to: ^v Q An officer,partner,trustee,or registered agent of the Defendant organization who is not a plaintiff in the action* F] The manager,clerk,or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action r7 An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action [� By handing a copy to the Defendant(s) El By handing a copy at the residence of the Defendant(s)to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found* By handing a copy at the residence of the Defendant(s)to the clerk or manager of the hotel,inn,apartment house or other place of lodging at which he/she resides By handing a copy at the office or usual place of business of the Defendant(s)to the Defendant's(s')agent or to the person for the time being in charge thereof* �] By posting a copy of the original process on the most public part of the property pursuant to an order of court *Name: t Relationship/Title/Position: Remarks: Description:Approximate Age 5 Height 10 Weight P50 Race Sex M Hair I GG tv (�r a L I Defendant was not served because: ( Moved (-Unknown F]No Answer El vacant Q Other: Service was attempted��on the following dales/times:. /� z 1) ������ V �.�5 (K1 2) A ZQ J 5 Q3 3) r Commonwealth/State of _ ) SS: County of Before me,the undersigned notary public,this day,personally,appeared CO C C'v to me known,who being duly sworn according to law, deposes the following: I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Service are true and correct. ei�� '✓�'� Subs d and sw to be re me (Signature ofAffiant) n!oip this day of 20 b� V n �aa acv ,�1 (c�Z22 ' File Number:12-04100 oMLyNEN�NEl Case ID#:3624839 Q 1 """�" MyC "SSfON Nota k Public 1 41201 4P/RES ,t w IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE,SUCCESSOR IN I CASE and/or DOCKET No.:13-1541-CIVIL , ! 'i INTEREST TO WACHOVIA BANK,NA.,AS TRUSTEE FOR CHASE � r—;p r1 FUNDING MORTGAGE LOAN ASSET-BACKED CERTIFICATES, i Sheriff's Sale Date: SERIES 2003-6;et seq. {nca *; Plaintiff(Petitioner) V. to C) ' CD ROBIN L.KENNEDY FKA ROBIN L.RUDY;et al. Defendant(Respondent) fu j AFFIDAVIT OF SERVICE ET QComplaint ❑Summons ❑Other: I, SoSQ Cron C L> certify that I am eighteen years of age or older ar�d that I am not a party to the action nor an employee nor r lative of a party, and that I attempted to serve ROBIN L.KENNEDY FKA ROBIN L.RUDY the above process on the ` A day of f?r�� 20 13 ,at E'_U o'clock,A M, at 814 LANCASTER DRIVE FRIENDSWOOD,TX 77546 T— Manner of Service: By handing a copy to: An officer,partner,trustee,or registered agent of the Defendant organization who is not a plaintiff in the action* ❑ The manager,clerk,or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action ❑ An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action ❑ By handing a copy to the Defendant(s) Itcf�, By handing a copy at the residence of the Defendants)to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult family member was found* ❑ By handing a copy at the residence of the Defendant(s)to the clerk or manager of the hotel,inn,apartment house or other place of lodging at which he/she resides ❑ By handing a copy at the office or usual place of business of the Defendant(s)to the Defendant's(s')agent or to the person for the time being in charge thereof* ❑ By posting a copy of(the original)process on the most public part of the property pursuant to an order of court *Name:_- 1_ Obt,'Fr OhOeJLJ Relationship/Title/Position: O Remarks: Description:Approximate Age t05 Height 6L(.Q Weight 14�—D Race Sex Hair G w I 0(1-6L Lj y Defendant was not served because: ❑Moved ❑Unknown ❑No Answer ❑Vacant ❑Other: Service was attempted on the following dates/times: �/� ,I 1) I C-> f,r, 2) 24 I 5�A;3 (Yl 3) Commonwealth/State of �� ) �Ls )SS: County of ) f Before me,the undersigned notary public,this day,personally,appeared \Q� inn C U to me known,who being duly sworn according to law, deposes the following: t I hereby swear or affirm t the facts,set forth-in the foregoing Affidavit of Service are true and correct. y — S s and sw n to a me (Signature of Affiant) the of 20 0re., 102.2.2, File Number:12-041094 oo,,''nn ' Case ID 9:3624839 "r C ' 1 31 '1 b „ otary P lic rNV= DELYNE NUNEZ MY COMMISSION EXPIRES Apol 4,2014 t ;3 SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE,ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 r-Y� 7�r LEONARD J. MUCCI 111, ESQUIRE, ATTORNEY I.D. NO. 92357 1 C:) 3600 HORIZON DRIVE, SUITE 150 cn KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 C-) C:) S &D FILE NO. 12-041094 CD U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank,N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 PLAINTIFF NO:13-1541-Civil VS. Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of$91,655.02 in favor of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $71,713.78 Interest Accrued $9,428.21 Late Charges $201.78 Escrow Advances $6,611.50 Appraisal Fees $799.00 Property Inspection $252.00 Property Preservation $1,085.00 Attorney Fees & Costs of Foreclosure $1,563.75 TOTAL $91,655.02 BY: Aeorn%mll Plaintiff n' AND NOW,judgment is entered in favor of the Plaintiff and nst t of sand damages are assessed as above in the sum of$91,655.02. Pro77PRo—thy.' 12-041094 at4 60c�0(P ZA ?'qJS54 �v' w'tA SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI 111, ESQUIRE,ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA,PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041094 U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank,N.A., CUMBERLAND COUNTY as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2003-6 13-1541-Civil 3415 Vision Drive Columbus, OH 43219 PLAINTIFF VS. Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANT(S) STATE OF: Pennsylvania COUNTY OF: Montgomery AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. SHAPIRO &DeNARDO, LLC 23)Date: 13 BY: Attorneys for Plaintiff Sworn to and subscribed before me this 2? day 0 2013. Notary Pilblic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denis:eL.Semetti,Notary Public Upper Meriar. fwp.,Montgomery County My C', Z 20 Ty 14 rmn*,.�ton EXDlreS July 22,20 iotaries merriaer,Peiinsv(vanta PzsRduv1 :47 Department of Defense Manpower Data Center Results as of:May-23-20113 0520 SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: KENNEDY First Name: ROBIN Middle Name: Active Duty Status As Of: May-23-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA NA NN� This response reflect.the lnjiv16a'fs!act"duty status based.,,the Active Duiy Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA �A This response reflects Gerd thJ1n6Mu.l left acti've duty status_voithln 367 days preceding the,Active Duty Status Date The Member or HWHer Unit Was Notified 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 N6, NA or e'adinotific;tio I report for activeai'hi er unit has received n to This response reflects whether the l4v1du' sth duty Upon searching the data banks of the Department of Defense ManpowiVrData Center,bas 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4,wt A. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information:-(1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: U2MB655FKOF3WBO Department of Defense Manpower Data Center Results as of:May-23-201305:21:27 SCRA 3.0 Status Repoirt s Pursuant to Sery cemembe rs Civil Relief Act. Last Name: KENNEDY First Name: ROBERT Middle Name: Active Duty Status As Of: May-23-2013 On Active Duty On Active Duty Status Date Active Duty Start Date - Active Duty End Date Status Service Component NA NA,/'Cs.r,,, 2'w" No NA bra tl-uZ1s"' { -y:xYiZ. v Fe'-4 This response reilects-0te IljndJSViduals'alive duty' based on tha t+ctive,Duty Status Data Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status VIM i Service Component NA f :`xr �tA .nv.t:.v—`j 1 c '. Nom 1 NA This response reflects wtiars the IndMdual left actlJa duty�status w trtiln 367,x. preceding lho Active Duty Status pate The Member or His/Her Unit Was Notified of a Future Cell-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date' Status Service Component NA �!_A`ys ��...`+.' :ryi 'No �� �✓ NA This response reflects whether the' hdivlduai 0r-hfsfiai unit has rec_atvod"earty nohficaUOn to report for active duty �nthe`. Upon searching the data banks of the Department of Defense Manpower Ce6 I'd based 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. A ` Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Marie Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds, All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend topersons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate 1D: 42PC150FROF3X20 SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D.NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D.NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI I11, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041094 U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank,N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 PLAINTIFF NO: 13-1541-Civil VS. Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANTS CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her,their attorney of record, if any, after the default occurred and at least(10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, May 15, 2013 to the following Defendants: Robin L, Kennedy fka Robin L. Rudy, 814 Lancaster Drive, Friendswood, TX 77546 Robert Kennedy, 814 Lancaster Avenue, Friendswood, TX 77546 Tiffany Donnell, LegaT_Msistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO&DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO,ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY,ESQUIRE,ATTORNEY I.D.NO. 311403 KASSIA FIALKOFF, ESQUIRE,ATTORNEY I.D.NO. 310530 LEONARD J.MUCCI 111,ESQUIRE,ATTORNEY I.D.NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S&D FILE NO. 12-041094 U.S.Bank National Association,as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank,N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 PLAINTIFF t NO: 13-1541-Civil VS. Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P.237.1 IMPORTANT NOTICE TO: Robin L. Kennedy fka Robin L. Rudy DATE OF NOTICE: May 15, 2013 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten(10)days from the date of this notice,a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to fmd out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se eacuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diet(1.0)dias de la fecha de estar notificacion, el tribuna podia, sin necesidad de compararecer usted in corte o escuchar preuba alguna,dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. .Debe Ilevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero sut'lciente Para tat servicio,vaya en persona o Maine por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral.Service Cumberland.County Bar Association 32 South.Bedford Street Carlisle, PA 1701.3 71.7-249-3166 PURSUANT TO TI-IE FAIRr DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRNI IS DEEMED TO 13E A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TIIAAT,PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Ro6in L. Kennedy fka Robin L.Rudy, 314 Lancaster Drive, rr.iendswood,;TX 77546 Robert Kennedy, S 14 Lancaster Avenue,Friendswood, TX 77546 SHAPIRO &DeNARDO, LLC Date: I BY: AtiorneyVf6r P ntiff SHAPIRO&DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE,ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE,ATTORNEY I.D.NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D.NO. 310530 LEONARD J. MUCCI III,ESQUIRE,ATTORNEY I.D.NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S& D FILE NO. 12-041094 U.S. Bank National Association,as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank,N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 PLAINTIFF NO: 13-1541-Civil VS. ' i Robin L. Kennedy fka Robin L. Rudy and ; Robert Kennedy DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P.237.1 IMPORTANT NOTICE TO: Robert Kennedy DATE OF NOTICE: May 15,2013 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten(10)days from the date of this notice,a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia pot no liaber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez(1.0) dias de la fecha de esta notificacion,el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derec ios importantes. Debe llevar esta notificacion a un abo,gado immcd.iatarnente. Si usted no tiene abogado o si no tiene dinero suficiente para tat servicio,vaya en persona o (lame pot telefono a la oficina cuya direccion se encuentra escrita abajo"para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South.Bedford Street Carlisle,PA 17013 717=249-31.66 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRi14.IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. AN-11 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WIIOM RULE 237.1 NO`T`ICE SENT TO: Robin L, Kennedy fka Robin L. Rudy, 81.4 Lancaster Drive, l~riendswood;TX 77546 Robert Kennedy, 814 Lancaster Avenue, Fr:iendswood,TX 77546 SHAPIRO & DeNARDO, LLC Date: _- _ ICY: Att meys fo Pl 'ntiff SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041094 U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank, N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 PLAINTIFF NO:13-1541-Civil VS. Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANTS ; CERTIFICATE OF SERVICE I, Leonard J. Mucci, III, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Robin L. Kennedy fka Robin L. Rudy, 814 Lancaster Drive, Friendswood, TX 77546 Robert Kennedy, 814 Lancaster Avenue, Friendswood, TX 77546 Date Mailed: J-2_9'13 SHAPIRO &DeNARDO, LLC Date: 5-2c-j- / BY: � �l Attorneys for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041094 U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank,N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 PLAINTIFF NO:13-1541-Civil VS. ; Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANTS ; CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor(Plaintiff) is: U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2003-6 3415 Vision Drive Columbus, OH 43219 and that the last known addresses of the judgment debtors (Defendants) are: Robin L. Kennedy fka Robin L. Rudy 814 Lancaster Drive Friendswood, TX 77546 Robert Kennedy 814 Lancaster Avenue Friendswood, TX 77546 SHAPIRO &DeNARDO, LLC Date: � BY: 441, Attorneys f Plaintiff 12-041094 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 David D. Buell Prothonotary TO: Robin L. Kennedy fka Robin L. Rudy 814 Lancaster Drive Friendswood,TX 77546 U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank,N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 ; PLAINTIFF NO: 13-1541-Civil VS. Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. David D. Buell Prothonotary ' [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on.Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LEONARD J. MUCCI, III, ESQUIRE AT(610)278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 David D. Buell Prothonotary TO: Robert Kennedy 814 Lancaster Avenue Friendswood, TX 77546 U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank,N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 PLAINTIFF NO: 13-1541-Civil VS. Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as i icated below. David D. Buell Prothonotary [XX] Judgment by Default % [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LEONARD J. MUCCI, III, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other U.S. Bank National Association, as Trustee, File No. 13 -J sq/ cluil successor in interest to Wachovia Bank, N.A., Amount Due $91,655.02 as Trustee for Chase Funding Mortgage Loan Interest May 1, 2013 to September 4, 2013 Asset-Backed Certificates, Series 2003-6 is $2,431.67 PLAINTIFF Atty's Comm Costs vs. rn C= -0 1__ Robin L. Kennedy fka Robin L. Rudy and ca • Robert Kennedy DEFENDANT(S) -, � TO THE PROTHONOTARY OF THE SAID COURT: � � ,r•". The undersigned hereby certifies that the below does not arise out of a retail installme'-`fit sif , contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: 5-2,9-13 Signature: C Print Name: Leonard JAlucci, III, Esquire Address: 3600 Horizon Drive, Suite 150 / King of Prussia, PA 19406 On (i Attorney for: Plaintiff (7� �S << Supreme Court ID #PA Bar#92357 - a '� a s CL109m' Q4�,q ALL THAT CERTAIN piece or parcel of land situate at Enola, in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania,bounded and described as follows: BEGINNING at a point on the southerly line of Westmoreland Road at the dividing line between Lots Nos. 4 and 5 on the plan of Lots known as West Enola; thence in a southerly direction along said dividing line one hundred fifty(15 0) feet to a ten(10) foot alley; thence in a westerly direction along said ten(10) foot alley ninety-five(95) feet to a point; thence in a northerly direction on a line at right angles to Westmoreland Avenue; thence in an easterly direction along Westmoreland Avenue ninety-five(95) feet to the place of beginning. BEING all of Lot No. 4 and the easterly forty-five(45) feet of Lot No. 3 on the plan of West Enola as recorded in the Cumberland County recorder's office in plan Book 1, Page 29. Having thereon erected a one story frame dwelling and concrete block garage, formerly known as Center Street and now designated as 516 Westmoreland Avenue. Parcel No. 09-15-1290-074 BEING the same premises which Robin L. Rudy now known as Robin L. Kennedy,by Deed dated 8/3/05 and recorded in the Cumberland County Recorder of Deeds Office on 8/11/05 in Deed Book 270,page 1939, granted and conveyed unto Robin L. Kennedy and Robert R. Kennedy, husband and wife. SHAPIRO &DeNARDO LLC � BY: CHRISTOPHER A. DeNARDO, I -4 AH 10. 4 2 ESQUIRE, ATTORNEY I.D. NO. 78447 tj,�=fB � CAITLIN M. DONNELLY, ESQUIRE, �����Af©giTY ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 LEONARD J. MUCCI III, ESQUIRE, ATTORNEY I.D. NO. 92357 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 12-041094 U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank, N.A., ; CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 PLAINTIFF NO: 13-1541-Civil VS. Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2003-6, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 516 Westmoreland Avenue,Enola, PA 17025. 1. Name and address of Owner(s) or Reputed Owner(s) Robin L. Kennedy fka Robin L. Rudy 814 Lancaster Drive Friendswood, TX 77546 Robert Kennedy 814 Lancaster Avenue Friendswood, TX 77546 2. Name and address of Defendants in the judgment: Robin L. Kennedy fka Robin L. Rudy 814 Lancaster Drive Friendswood, TX 77546 ,i Robert Kennedy 814 Lancaster Avenue Friendswood, TX 77546 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2003-6 3415 Vision Drive Columbus, OH 43219 4. Name and address of the last recorded holder of every mortgage of record: U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2003-6 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 516 Westmoreland Avenue Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHA RO & RDO LC BY: Leonard J. Nficci, III, Esquire 12-041094 s `' T SHAPIRO &DeNARDO LLC ti p ��J��, BY: LEONARD ATTORNEY DJNOUI I PA Bar 923�57IRE � 3600 HORIZON DRIVE, SUITE 150 CU1�8�R�A,�,� 41110.. 4,? KING OF PRUSSIA, PA 19406 t4'sYt co Y TELEPHONE: (610)278-6800 S &D FILE NO. 12-041094 U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank, N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 PLAINTIFF NO: 13-1541-Civil VS. ; Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robin L. Kennedy fka Robin L. Rudy 814 Lancaster Drive Friendswood, TX 77546 Your house(real estate) at: 516 Westmoreland Avenue, Enola, PA 17025 09-15-1290-074 is scheduled to be sold at Sheriffs Sale on September 4, 2013 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of$91,655.02 obtained by U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank,N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2003-6 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2003-6 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money,which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12-041094 ALL THAT CERTAIN piece or parcel of land situate at Enola, in the Township of East Pennsboro,County of Cumberland and State of Pennsylvania,bounded and described as follows: BEGINNING at a point on the southerly line of Westmoreland Road at the dividing line between Lots Nos. 4 and 5 on the plan of Lots known as West Enola; thence in a southerly direction along said dividing line one hundred fifty(150) feet to a ten(10)foot alley;thence in a westerly direction along said ten(10) foot alley ninety-five (95) feet to a point; thence in a northerly direction on a line at right angles to Westmoreland Avenue;thence in an easterly direction along Westmoreland Avenue ninety-five(95) feet to the place of beginning. BEING all of Lot No. 4 and the easterly forty-five(45) feet of Lot No. 3 on the plan of West Enola as recorded in the Cumberland County recorder's office in plan Book 1,Page 29. Having thereon erected a one story frame dwelling and concrete block garage, formerly known as Center Street and now designated as 516 Westmoreland Avenue. Parcel No. 09-15-1290-074 BEING the same premises which Robin L. Rudy now known as Robin L. Kennedy,by Deed dated 8/3/05 and recorded in the Cumberland County Recorder of Deeds Office on 8/11/05 in Deed Book 270,page 1939, granted and conveyed unto Robin L. Kennedy and Robert R. Kennedy, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1541 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE,SUCCESSOR IN INTEREST TO WACHOVIA BANK, N.A.,AS TRUSTEE FOR CHASE FUNDING MORTGAGE LOAN ASSET-BACKED CERTIFICATES,SERIES 2003-6 Plaintiff(s) From ROBIN L.KENNEDY F/K/A ROBIN L.RUDY AND ROBERT KENNEDY (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due:$91,655.02 L.L.:$.50 Interest MAY 1,2013 TO SEPTEMBER 4,2013 IS$2,431.67 Atty's Comm: Due Prothy:$2.25 Atty Paid: $222.75 Other Costs: Plaintiff Paid: Date 614113 David D.D.Buelll,Protbonota Yro'n (Seal) Deputy REQUES TNIG PARTY: Name: LEONARD J.MUCCI,111,ESQUIRE Address: SHAPIRO&DENARDO,LLC 3600 HORIZON DRIVE,SUITE 150 KING OF PRUSSIA,PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 92357 235 SOUTH 13TH STREET PHILADELPHIA,PA 19107 PHONE:(215)546-7400 -B FAX:(215)985-0169 r 1', JV P; 8arvieasforProfeuionaliInc. 1.10tJOT Nafib"Amdatim of ph&dow"Assooew LF i'k-15ROTI Professional Pfocess Somm or pf0fassfaml p(owss sermn 2013 AUG 12 M1 11 U.S. Bank National Association,et at COURT Court of Common Pleas of Pennsylvania -vs- CUMBERLAND COU V I PENNSWAN16UNTY Cumberland County Robin L. Kennedy fka Robin L. Rudy,et at CASE NUMBER 13-1541-Civil AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control# CS103480-I COUNTY OF PHILADELPHIA: Reference Number 12-041094 SERVICE INFORMATION On 12 day of June,2013 we received the Notice of Sheriff Sale for service upon Robin L.Kennedy fka Robin L.Rudy at 814 Lancaster Drive Firlendswood,TX 77546 Special Instructions Served Date Time "7)f S Accepted By: rz'm�o t\"1 (,k a In the manner described below. Personally served. Adult family member.Relationship Is Adult in charge of residence who refused to give name and/or relationship. Manager/clerk of place of residence lodging F-1 Agent or person in charge of office or usual place of business ❑ Other Description of Person Age )Y(s -% Height �5 6 weight I�D I�1- Race LAkikc sex Other-A),%—t Not Served Date Time Not Served Information M Moved Unknown F--j No Answer r--j Vacant F-1 Other The Process Server,being duly swom, Sworn to and subscribed before me this deposes and says that the facts set forth herein are true and correct to the best of their <01 day of JZL;"�>� knowledge,Information and)91 I ef. lm,-'.Sdj - Process Server/Sheriff — y ��11 I 110 1 a- ANotary Public Law Firm Phone (610)278-6800 Fo ServeBy Date 714/ Leonard J Mucci,III,Esquire Shapiro and DeNardo LLC Filed Date FRBERT W. CUMMINS 3600 Horizon Drive Notary Public,State of Texas Suite 150 sale date 9141[M, MY Commission Expires King of Prussia,PA 19406 inber- 9, 201-- ORIGINAL 163DB \ 235 SOU PHILADELPHIA,PA 19107 PHONE:(215)546-7400 TH 13TH STREET (;F THE PROTHONOTARY 2013AUG 12 AM H: 17 U.S. Bank National Association,et at COURT Court of Common Pleas of Pennsylvania -VS- CUMBERLAND COUNTY PENNS YLVANIAOUNTY Cumberland County Robin L. Kennedy fka Robin L.Rudy,et at CASE NUMBER 13-1541-CiVil AFFIDAVIT OF SERVICE COUNTY OF PHILADELPHIA: Reference Number 12-00094 SERVICE INFORMATION On*12 day of June,2013 we received the Notice of Sheriff Sale for service upon Robert Kennedy at 814 Lancaster DA;%14 Friondswood,TX77546 Special Instructions r54Served Date (3 -rime 7 Yk Accepted By., f In the manner described below. F-1 Personally served. Adult family member.Relationship is W — c3 L.XN Adult in charge of residence who refused to give name andlotireiationship. Manager/cleirk of place of residence lodging Agent or person in charge of office or usual place of business F-� Other Description of Person Age J46S Height Weight t,2DI�s Race U%-%t-ke- Sex Not Served Date Time Not Served Information 1-1 Moved Unknown f--j NoAnswer Vacant M Other The Process Server,being duly sworn, Swom to and subscribed before me this deposes and says that the facts set forth herein are true and correct to the best of their day of knowledge,information and a ef. Law Firm Phone (610)278-6800 Fo Leonard J Mucci,111,Esquire ServeBy Date AN HERBERT W, CUMMINS Shapiro and DeNardo LLC Filed Date 360D Horizon Drive E Ws Notary Public,State of Texas Suite 150 SALE DATE M Commission Expires September 29, 2016 King of Prussia,PA 19406 =�I ORIGINAL 163DB SHAPIRO & DeNARDO, LLC i -;E PR'01-110;' BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 Klf'If AUS 12 A�11 11 17 CAITLIN M. DONNELLY, ESQUIRE, 'BERLAND COUNTY ATTORNEY I.D. NO.' 311403 P E IN t-,!S Y LVA NH A KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-041094 U.S. Bank National Association, as Trustee, COURT OF COMMON PLEAS successor in interest to Wachovia Bank, N.A., CIVIL DIVISION as Trustee for Chase Funding Mortgage Loan CUMBERLAND COUNTY Asset-Backed Certificates, Series 2003-6 PLAINTIFF NO:13-1541-Civil vs. Robin L. Kennedy fka Robin L. Rudy and Robert Kennedy DEFENDANTS CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) 1, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2003-6, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on July 19, 2013, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that. the statements herein are subject to the penalties provided by 18 P.S. Section 4904. SHAPIRO DENARDO, LLC Date: By: MeJan Williams Legal Assistant 12-041094 U.S.POSTAGE>>Prmy eowEs Name and Address of Sender Check type of mail or service: Affix stamp Here Shapiro&DeNardo,LLC (IfissuedaSa 3600 Horizon Drive Certified El Recorded Delivery(International) certificate of mailing, ZIP 19406 $ 001.32' Suite 150 C) COD Registered or for additional 02 IR (3 Delivery Confirmation Return Receipt for Merchandise copies of this bill) 0001363586JUL, 19, 2013 King of Prussia,PA 19406 E] Express Mail Signature Confirmation Postmark and Insured Date of Receipt Handling Actual value Insured ue Sender DC SC SH RD RR Article Number Addressee(Name,Street,CJtY State,&ZIP Code) Postage Fee Charge it Registered Value if COD Fee Fee Fee Fee Fee Cumberland County Domestic Relations 13 North Hanover Street 12-041094 MW Carlisle,PA 17013 Tenant or Occupant 516 Westmoreland Avenue 2. Enola,PA 17025 PA Department of Revenue Bureau of Compliance 3. T.O.Box 281230 Harrisburg,PA 17128-1230 4� 5. CL- /1—N Ld 6. 0 M4 7. 4=Z 8. Total Number of Pieces Total Number of Pieces ostlstvf��wm-qofF6 e in e oyee) Listed by Sender 3 Received at Post Office U See Privacy Act Statement on Reverse PS Fo -n 3877,February 2002(Page I of 2) Com te by nk or Ball Point Pen SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,- Sheriff �t�sc+r�t��tfr,#4 � i t i� �t;� �i�u �i�1 3,-�,f Jody S Smith �4��rti�r Chief Deputy f{3N0V �J { Richard W Stewart r '� CGUE r 6" Solicitor OFFICE OF THE SHERIFF PEmNsYLVANIA U.S. Bank National Association Case Number vs. Robin L. Kennedy f/k/a Robin L. Rudy (et al.) 2013-1541 SHERIFF'S RETURN OF SERVICE 07/01/2013 07:15 PM - Deputy Shawn Harrison, 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 516 West Moreland Avenue, East Pennsboro, Enola, PA 17025, Cumberland County. 09/04/2013 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, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Christopher Denardo on behalf of U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, N.A., as Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2003-6, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $943.41 SO ANSWERS, October 03, 2013 RONIV_ R ANDERSON, SHERIFF r . sC'', le}CountySuite Sheriff Teleosoft,Ic-_ On June 11, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 516 Westmoreland Avenue, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 11, 2013 By. Real Estate Coordinator LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2013-1541 Civil Term U.S. BANK NATIONAL ASSOCIATION vs. ROBIN L. KENNEDY f/k/a Robin L. Rudy,Robert Kennedy Atty.: Christopher DeNardo ALL THAT CERTAIN piece or par- cel of land situate at Enola, in the Township of East Pennsboro,County of Cumberland and State of Penn- sylvania,bounded and described as follows: BEGINNING at a point on the southerly line of Westmoreland Road at the dividing line between Lots Nos. 4 and 5 on the plan of Lots known as West Enola;thence in a southerly direction along said dividing line one hundred fifty (150)feet to a ten (10) foot alley;thence in a westerly direc- tion along said ten (10) foot alley ninety-five(95)feet to a point;thence in a northerly direction on a line at right angles to Westmoreland Av- enue;thence in an easterly direction along Westmoreland Avenue ninety- five(95)feet to the place of beginning. BEING all of Lot No. 4 and the easterly forty-five(45)feet of Lot No.3 on the plan of West Enola as recorded in the Cumberland County recorders office in plan Book 1,Page 29. Having thereon erected a one story frame dwelling and concrete block garage, formerly known as Center Street and now designated as 516 Westmoreland Avenue. Parcel No. 09-15-1290-074. BEING the same premises which Robin L. Rudy now known as Robin L. Kennedy, by Deed dated 8/3/05 and recorded in the Cumberland County Recorder of Deeds Office on 8/11/05 in Deed Book 270, page 1939, granted and conveyed unto Robin L.Kennedy and Robert R.Ken- nedy,husband and wife. 69 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 9 da y of August, 2013 Notary DEIiORAH A„OL UIS notary Put,:iC CARLISLE SG„LUGH CUM.SERLANO COUNTY hiy '0 nissiun Expires r,pr 28,201 The Patriot=News Co. • -' •1900 Patriot Drive Z4r rMechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 2073-1541 Chill Term 07/28/13 U.S.BANK NATIONAL 08/04113 ASSOCIATION VS. 08/11/13 u•.. RI BIN L.KENNEDY,f/k/a bin L.Rudy t Robert Kennedy Atty. Christopher Denardo ALL THAT CERTAIN piece or parcel of Swor ,t and subscrtre 3 day of August, 2013 A.D. land situate at Enola,in the Township of East Pennsboro,County of Cumberland and State of Pennsylvania,bounded and described as follows: BEGINNING at a point on the southerly he Of Westmoreland Road at the dividing line 6T Public between Lots Nos.4 and 5 on the plan of Lots known as West Enola;thence in a southerly direction along said dividing line one hundred fifty(150)feet to a ten(10)foot alley;thence ma westerly duetxi aaigR!c ' en(10)foot COMM10[41 EALTH, F;": ui:`sYLJ alley ninety-five(95)feet to a point;thence N,)tpria's Seal a aes to W s direction on a line at right Holly Lynn Wa;Pe./,Notary Public angles to Westmoreland Avenue;thence in V4Iashington Tvvp.,Dauphin County my Commission f:xp"sres Dec.32,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which US Bank N.A. as Trustee for Chase Funding_Mortgage Loan Asset-Backed Cert Series 2003-6 is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 4th day of June, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1541, at the suit of US Bank, N.A. as Trustee for Chase Funding Mortgage Loan Asset-Backed Cert Series 2003-6 against Robin L. Kennedy f/k/a Robin L. Rudy and Robert Kennedy is duly recorded as Instrument Number 201336805. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. c2 /,3 --Recorder of Deeds d County,Carr�ste,PA My the Fast Monday of Jan.2014