HomeMy WebLinkAbout13-3074 Court of Common Pleas
Civil Cover Sheet For Prothonotary Use Only:
Docket No:
Cumberland County ,
1 13 /M
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
® Complaint ❑ Writ of Summons ❑ Petition
S ❑ Transfer from Another Jurisdiction E] Declaration of Taking
E Lead Plaintiff's Name: JPMorgan Chase Bank, Lead Defendant's Name: Jack J. Kohn; Barbara M.
C National Association Chase Home Finance LLC Kohn
successor by merger to Chase Manhattan Mortgage
T Corporation I Dollar Amount Requested: ❑ within arbitration limits
O Are money damages requested ?: ❑ Yes ® No (Check one) ® outside arbitration limits
N
Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No
A
Name of Plaintiff/Appellant's Attorney: Christopher A. DeNardo, Esquire
❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant)
Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not mcludeJudgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
S ❑ Product Liability (does not ❑ Employment Dispute:
include mass tort) Discrimination
E ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other
E3 Zoning Board
C El Other:
T ❑ Other:
I ❑ Other:
O MASS TORT
N ❑ Asbestos
❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS
B ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
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® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition ❑ Replevin
❑ Legal ❑ Quiet Title ❑ Other:
❑ Medical ❑ Other:
❑ Other Professional:
Updated 1/1/2011
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. 13- 043138
JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS
Chase Home Finance LLC successor by CIVIL DIVISION
merger to Chase Manhattan Mortgage CUMBERLAND COUNTY
Corporation
PLAINTIFF NO:
VS.
Jack J. Kohn
117 Washington Avenue
Williamstown, NJ 08094 rncu ;
r -.
Barbara M Kohn -�
117 Washington Avenue
Williamstown, NJ 08094
DEFENDANTS ¢ ~ C .)
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.
( �l
7s dl
C I O09
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
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. 13- 043138
JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS
Chase Home Finance LLC successor by CIVIL DIVISION
merger to Chase Manhattan Mortgage CUMBERLAND COUNTY
Corporation
PLAINTIFF NO:
VS.
Jack J. Kohn
117 Washington Avenue
Williamstown, NJ 08094 ;
Barbara M Kohn
117 Washington Avenue
Williamstown, NJ 08094
DEFENDANTS
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, JPMorgan Chase Bank, National Association Chase Home Finance LLC
successor by merger to Chase Manhattan Mortgage Corporation, the address of which is, 3415
Vision Drive, Columbus, Ohio 43219, brings this action of mortgage foreclosure upon the
following cause of action:
1. (a) Parties to Mortgage
Mortgagee Advanta National Bank
Morwagor(s) Jack J. Kohn & Barbara M. Kohn
(b) Date of Mortgage August 13, 1999
(c) Place and Date of Record of Mortgage
Recorder of Deeds
Cumberland County Mortgage Book 1565, Page 867
Date: August 23, 1999
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: Advanta National Bank
Assignee: Deutsche Bank National Trust Company flea Bankers Trust Company
of California N.A. as Custodian or Trustee
Date of Assignment: January 13, 2004
Recording Date: February 24, 2004
Book: 706
Page: 1769
Assignor: Deutsche Bank National Trust Company fka Bankers Trust Company
of California N.A. as Custodian or Trustee
Assignee: Chase Home Finance LLC successor by merger to Chase Manhattan
Mortgage Corporation
Date of Assignment: May 5, 2006
Recording Date: November 7, 2006
Book: 731
Page: 4334
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 150 Blain
McCrea Road, Newville, PA 17241 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: Jack J. Kohn, 117 Washington
Avenue, Williamstown, NJ 08094 and Barbara M Kohn, 117 Washington Avenue,
Williamstown, NJ 08094.
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
18, 2012 and have not been paid, and upon failure to make such payments when due, the
whole of the principal, together with charges specifically itemized below are immediately
due and payable.
i
8. The following amounts are due as of May 8, 2013:
Principal Balance Due $21,228.94
Interest Currently Due and Owing at 6.75% $1,006.32
From August 18, 2012 through April 30, 2013
Late Charges $146.28
Escrow Balance ($0.00)
Appraisal Fees $275.00
Property Inspection $14.00
T T L $22,670.54
9. Interest continues to accrue for 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. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S.
§ 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or
the mortgaged property address by first -class mail and certified mail. Copies of the material
part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(i).
12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information
required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate
Notice of Intention to Foreclose is not required.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in
favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in
paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and
charges collectible under the Note and Mortgage and for the foreclosure and sale of the
mortgaged premises.
SHAPIRO & DeNARDO, LLC
Date: J�
BY:
Atto e4for ain t' f
S & D File No. 13- 043138
4
• ROOERT r.ZIESLER
RE ORDM 6F DEEDS
ERLANQ 00047Y-PA amt*
Advanta alrtirxirl Brrlr
'88 RUG 23 Pfd 2 11 1 0 790 sumdbe 114rd.rdo 11084
San D1090, CA 99297
aaz�, ooca"t coxs11oL
j9pw Abon TI* Lbsr For M@Mdln Ddel
OPEN-END'
SUBORDINATE MORTGAGE
TM MW UQUl'1'1' LM OF CR®rr SUBORDINATE monwou (dro 'fir lawomm) is given Ills
19th dayoc August, 1999 91msa9oc(a)b
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obkgatfosa b tho>tumsa plot Ided i1r f'sspaPh 2, ae3f ratregWrod b bs aa> �itekm these
atttli obllsatiota on tigs'dltemly b the parson tx teernateadl stttbdsy ,
ptymatUdtooOY�goa[ awashaUpvoatpdpt tlw :oos>paa vidmtdn s alladt p a l maau t kRmww4 M
Haroww awba rp sty Lim, other.tpstdmNAorMabk I o" In Itsrod w ft ( be
P
w pay fire o1,11 a t adarwd'KAoA by dts Om Ina tanner des Kea Wes I* P -owlep wmc% Is 1.at we opinba, q— b
&a b lien by, O difMt .e +t�
xiss � .ens p
. awn artt.�wt.., a oM4 as ' 1[WU1 1'ye 7 d9
pdevead Om mWommnt of the Bbd or foif&u m or uty part of Are PnaWW, or (lih dbtstns from ax Molder of arch dm a sgeanmr
sadslbowy ia Lader to euboedinelo diet lkA to thb Setwily Ia'"Maat if laden doWmbrm dud SAY PM of 'he hvpc ty Is
mti Dim which may Sign prtaity over tbtt Security Itrst*rmK (ww ow dm prior MortpsO. Loder im 9W Borrower a w*e
idmdfying da Bea• Narrower sban.addy On Lem wmm on (10) days after tier gwft of Doom
d, P
q. Ro ro we r pd -keep u
itatartea of rropertm p ba ud NY&O cwwdt waft Or ptrrrh ptC
O impabmar daafinelioa of the
�ParCr. $ermro 90-keep IM roperty M � rcak
Naperry•raela 6lo WCW wo 0DS` excepted,
130taowar tbal lt Or the
If dltr Swm* ra tromwd b br r trait in • condan folum a a Plemmd mill deveMprian4 Pa ran a
Borrower's abBl slm Cader.the deolandon or eoreaants Creatlrtg oa gavCfidg dm gmoarMw or p1mrted tmh da"Jopriest, ft
byi,ay� t�lregn3atloDUOrt} weendotrdniamorylemaedttdUdavt3opowdttadcoradtuautdoo ) Sarni.
If 11tb &os{ty Ptu7ertim is Cu a ImichdW, Bmrow+;r"PmViy vrM truprovlAM of the leaser If HCtrowar rogtrtr<g fee &ID
ao.*sft petty, tea Wmel3old and foe "not ettage ttutat Lade Wm in wridaS to dm wager. m Oo meat SW any Pugh merger'
adbgtrls(rthe lka of ibis Security Gtl"Mit.
Hairrvwor shell use atrbl as d treempy the prop" o Borrotaer'a pde ns Mwdm Harrower :ball riot mbsddoa Me
•. Borower dealt talky lAuder pramplly upon p oonwasme oraa natke of vfowm of any tatty applimble an f'� wq �
C not" a kwur Somew a shall ktlep tb fmpeovanems cow exisft a mr baro crated to bs Property
btsurod mitt tots thaards M rrtrlWW *190 Ole term wadadod eorewg.' and guy odwr h+cuds. krdadhq flood or Media&
l p,dtt mcysetptdm; pant Wne to titna&a pod In rxh ko rrmrm *0 be ot� byHm� b db y � w)&h shall tot be .
taw, 71iE imanmce realer provtUHf
ONIGUposOr withheld ar delayed.
All kmwwm puUm mad ra owadaatrao bb m a farm Accept" m Linder add stint include a suadmd martMaa Om coming
Udder M tr betted std povWb% for err ka t neat (13) dW wrist miles iQ Loader prior to die tamtBallan, eanmdiftiON
.okudraect tin, or rdadlon in the akwaatof tmch paltry or poikk% suklom a *0 40 of tin beldame the Prior M4tgage. 4atder
odi have a* 4M m hold the pop** end steady. If L.mder roqukes. Hommer drill pmroy flve to Lerida oopre of dl roodpu
or pmninml and roatewd )Dodder' in der vmt of sons ordump o 9m?ropatb ca strY pert Atseol. Born W shill give O
totloe a tie iq+deuoe iw kv trtd reader. Lm dd guy task• proof of Ion it not mlds promptly by gym* a. "d MY COSPIW"
any rw ff4 agpar IN 'my MAIN and Collect my biruraraee P+ ON"
Uaka. [alder and Borrewrr o tt wbe *m M wri ft, Mom= prooded dWl tm spplkd o reatossdon or or the
rep*11 bi+mmAcafb' fmrlibtm mad Lmda's,aem* ls rot kaaaad. if riierewradon or repsir
PraPesty duksgcd, IC/ttl seawadCrt a
-is toteco+toutkaf(y tpslble prl order's ieauriq'woidd belawMad. Rio fasitrhtoC peooeeds"bra WPocd to bs ssms secard by fhb
sam dty:Iiismwtett, wktemf or no fiat duo, w101 any aCeis PM to Botaowa. If Borrower a0mdoru the Property, or does not
wtswer wtdtin Briny (A days oust 130 ma11Mg of 1901100 fens Larder 64 ale htfmaaaoe Cuter ha offmad to aide s Cbin>. the
I. der M" Comat der baermrx prabeede• Larder may use om beefed! to reprdr or itamsm dm PrnpeetY Cr ro pay Beds sfomed by
the Samity Icrentwmt, whedty or not Ora duo If Borrower d4redY receives Dory lruundteePmeco sttnda the poesy at ptroobs tku
-we made F"410 to Borrower, Ba+ow r *a p omC Ply such amaerrs a I.ader by atdtrsing m Lender sny pmy=, dmk or
dap paver die Rtr.dwwa tarter. Snldeot to appSlosbfe law. Borrower baby WpeMts Lerida so asersoyM -11401 to atdorse BAY
dwaks or otba pkvwma koamataaa far Mstswam proceeds thu Le terum
ach bi under in y' polloy(iss) of insures ngwad
baetader, wtikh tin w14de paYabto o Harrower oil dab"" to Lmater. 71+0 rere{oYig ap tmrnt of Latdrr u Nteritay l vein for
Rwam er is CClykd rrM rut host and hrtriWable.7bn dghts twttkrred on Leader tw * Dish tdb+ ptaspap>< ofAtr�yk 6 ceW+ve
to dm biriaaooe eovarW DCCbmd imream u VA Vic apPVcom of may fnrrrarroe proceed% sloth be sabjmt to Rm dSics of the holder
of the Prior MOON& -
tW= Leader and Bonvow of cf*de sine In WdIWS. BUY agpbastim or proofed to prktdpat sbah not mend or prielporm the
duo do are die ri=mly referral to M pm' xyrpin I and 2 of 6>, Swvg pnrealmLordsmgm die aaetrrt of dm P&MMM
Ef. pw=Kt to Pw vgrvh Id heriof. tiro Property is aophvd by Lander. Boamwer's rtgbi a try immm0e proceeds OMAMg fratt loot
are. or dessae to, dye Psoperty t>ta to Dhe aeq*Xon "I pro to Lender to the extom of fie sums cawed by dds $waft bnousaat
linniedksnly prier 10 the ooquisillm
If ltorrawtr drib m fgirilala /tin irinkaaos eCVbrsim rsTtled under �b Parag�sph 4 leader tray, pmt is tai UU111) ma. to mUaim
aamfr coraaja lo prClect.tia tlaltu lr tits PrCPat9
i wcaadence with Pwsgspb t. 7% oast to purehnra s cis aoveraee, hrd" tg 1110
tmtwel o ruy fee, amgi or commiislort PW b L mdt7 by the bauict, shall be added to the wwtntarf dm bidebtedne� smmcd by
putt Securty rrstru ma ap to the armoant of the (kmalt Limif and Davy exceed spa oars die Borrower would brm Inoarrod to obmtn
Covengo
B Caoxer shdr nadir L "err pm V Ily apron the Do°areriCS of a Bra a COW tsroahy Cmd g demego a the troperq.
gnar1565ria�..e�U �-
PA
6.,A.nsr.i...� tn. tt d..e, rw t'et14 { d 1 E7'-i7 YQ C3rafl.r14
r i
7. Fmiectlae of I.au/a'e &eerily Intertat r m YtopeRy. If Borrower fob to Donn the eO--* and fymearaat
cmadaed• In ibis switity inwantay or there h 8 low pmeoedws Iba may OWWWlY and adversely &ff- t.-Ws dghn In rho
Irota W fauli a a p opom lS in benkruptey. pmbPA for e4O&WDIA luo or latfclmto Of to ealace tewS a r*datar* rhea La dor
may do and par for vrhueve is aaASw7 to Fatcat the v" of 666 NW:rty UO i ndees -ris" in &t Piopa* lro ws aetioot
may blob" butafe not U to, paybg any awls sworod by a IN whbh kaa priority over Orb SWAY IrutrWOWN htewri IM
enure "Cawed by Ow PNfof MOM UK p oeming late oar: sppmrbg h. W^ paYmB f as (err, and coaling on the
Orapmty to ake wmbe np err abode naban0et. A hAA Latter by Ike AgM b ahkt tW fom{abi wdmt pnraeint to this Pscgvwb 7.
latrkv Shah not be ob%pat d in do so; and mq in carom ON rot OON pfo4m for to Aft Seadty IOM WW% end dbawisa
2%111" b IaalQ at law or i egatty. No aacb dbagoaay,atlaa bitch by Iasmer Chad Cow"It a cats of Ws va of borrowers
W= t0 par= dw odvomis and agewwAO cortMiood In Nis Somtky It>tt+umCN. to a rani its may sob sai0as, tarter Chad
haft no duty or any wbaeoover to Borrower, Dauer time to omnpty with Ora eaplen nqultwaaw of qVicAlt law.
•Awry trod and alp�tea IaChvred by leader pwWlatht b Shia Paagnplt 7 m h JMttrWanoe of any olbc of Isatler'r riabn under
ors Socue ty bsmm oat ar the AV peso k Lenders option, My be odd fo rise oa -WWS ydt O anodm coder the List or
C iva Wad Such eS•Ragato Odadpal amwbu"bo scouted by dtb Sacaflty i"Umr m ep to Qw aswd or ttw C kc& Umit. Won
Ronower ad Laden Sumo b odmr eeirni bf ptymma, stab coo awl axpeascs sluii barrkAmA from the thb h=YW by I 6 at
OM no t111ad In iho AgleKraeat. Wad IS 60cd'b m liM m tksk and "bo payab)e, tWd lr`WvcL imhabl"y fotlowbg WUM
Awm4lim f cadet to BOncwertaguaatwgpaDmtrsitltuaoL
1! INVefllon. Lim* vi IS U* may enW Upon end kuped OW Fmparty st reWfat" Minos, pwrvWW &K If aeaaonabb under
are aimumruataN, Larder &tail Seek m aadfl' Baamver pdw to ouch lasiedloas, sWJrYbg taaootfla prsuab doom. MAW to
hiders fawast hi iba Paopetty.
9. Cordaraalloa: S*jeot to the dghu of as holder of the Prior Morlsipe, do p Wwb of buy X*W or chum for dam kW,
diroa or ooasogemd,t, in aalareeddh with say conduhradon or otwr Wall of any, tart of tht: lyopeay, a for eonoyorwe Uh liou of
aondara"%ate koft aWXmd WA aka11 are pail 10 i oMm
A rho ovari of a tool Of. tie PrapertY, toe prooeeds dull be spplkd tO ore Sias ,eceoL by this SomArf ImOun ml,
wheilm or ?�'tbea dot, with ra 0=0 paid. a ROMA r. Ia uw avaa of a ponW takbl art Praperry; mbst Bummer and
L..a*t WJWW ,a agrae in vrrift. tht finet secured by Qua S%*%ity laftfumm do be deduced by the' iatatim of tit mcwds
multiplied by a ka0tlan *a ouhmaw of whkk Lo Ow NDW WOW 6fA4 Slabs Wemued Imrrbdk* bek a ft mkb In lho
dalolat/ator or wldeh b dra f k maauf fame or as Ptapetty Immadkwdy bahae tlw albS. Any proceeds Naaaiahhg andi bo paw to
Bataw,, Es the V" of apattl!d idda of ft Property la which rho fair toner% vain or de Pmpaty knwwdhody befom the uking
it W51 dun the W M of dw MW Brasted ! b"v dw wktn& w Ans Bmmwm aid LOWN otkormso eyrea in wrift or
wile" appli "law *"wiaapWAdaj, do WOWWS "-tit 19OW W ONC MW kMft SWAW4 W hCdW Or ROt ft rams fm two
dub. .
ls r i t * o f B9poWet ottawbs m Ili iea rN0 or m'P� ofd
rraear f"Wo sod i<rda s aeariy would not bo
etiaw «Iepalr' of 016 Pr oyeaty dsna/ed,
3cteoaod.If the [aakaaul0a or � is not ecarwmladty fwablo m Lawter'e aeonatb would be lweoed, tLo prncadt th,t! tx appure
to" sorm eo it by•ibb Seudly 1EHIMUIRP. vibWO or Ad Iben due, whh erry Cam 1 paid to Barfawer. If Borrower dbCWy
Alvives any ■NMkU 04 sm p"bk to borrower. BcraovAt dadl pmmpttf PBY Nueb aaoWO t lxndw by eadaah= to Lauder
may payment tdwdt «trait dmeL Naoaiaes for the coadsaudon Ms hulas o0afnred on UWW be aader tad" a lludon or gee
oaldaanaina award «6, ail,u bo tagjew m tbs N9gtrn of the ldlser of ale PtbrMmget4
• - tf Ille Pruper7 b aiMadOSed byBormwic, err f!, alkr aerioe by trades m batoa�er Slut nle mndemaor offer to make an award
err swta a claim for dSaleSea, Btwmvver fapS to N,Wpord fO LrudQ vrllkht Imkty'(901 daY, after Ow usi q of undw by Lauder to
Bmrovrts of loch offer, I eadtt"AhYltw an0ladmd a collect wud eppty>fra ptot>OeAa at w Upton eWher 10 namimom «rgfair of ft Ptopatr «a dw wme.eaama by are SeeadtY Inatrhaamt, rya argot drat tat.
Lewder k LnwoOetdY audlabnd by Barawa m Isle ad praseotw «SUab Berrowafa otaka «ct,kle for my seck award a
rd
alakil f« m salbet may wti ttwtd a 9sylaeat UslesW l ender two Aoaoartr oh6envUe,sroa b wdhktg, may Nhpptkad0a
d prooeetls
to prhrdptd Nailer as &*W urpwpawo tit: dw date'df Iles xmWY paynatNS rCetred n IS hmPIPlt t and 2 ord=P
diafNaQnal of soebperymooN. - n M =v== der peednS « tbNe+aalfQ emdenlaatioW of eke LRapertY.
BtvtoNer dlAl *odfy l44W Laamptl3' upon
10, UornW i' N61 Rgksle ft Phbemm b LeLaw tSOt a Woter. Any msoloo of 60 dnw for Pulymm% Of OnY
awdi0adon of aide lerrns of'pfyramt of We wine aetaued by this Saarlty Bauwdbat smod by Larder to Borrower or to any
imoo air in kae:ert of - Bodow, ,"sal opatte 10 t6ka^ R may maRae . dot Wily aff b "Wad Ihae: OMON Or MW raftua Notes at, in ktwwt. t etli'r'aiNtO rot be torkred m t>Jmaantoe ptOCCtftP agelat
. Blk1K�Jb`JfA05 "a�'�
PA.
irrW..•r a,.eln,,in. M.b1eW,YN !CIlX lhp Set9 R.nael C,tteDQi
for ptymeal a Oactwba modify amattlaadea of the ewrts swu]ed by a* Scmdly lustUr- d by SCUM Of taty detaud mach by *6
a l a mal Lbrrower raxl Borrowers.noewq I. Were . Arty delay or ether Wftm m by liana to exadting any TWK Or rmtdy
un[kr fhb ur n ky im them Or Ameema.t.OrOt -wilSs gi.nted to Lander by WpN610 Isw; 9411 notion a waive of or pveclialC
Sao
as ate d" Or any A right a ,Owdy of Lander. Salt ddty of olha fa ahm by menu iltall not rckme, wawa or dwalsh
Bmrdwerti obrgsde.t a 11abAltia haemtder.
IL AmeMco Cumulation. All remedies pmv Meet In this Seemity lamuirmt tad the Agtaetn ut er gmgmd to LaX W at Inv or
in egaily. may be MwAsed contwmily, hndWmda* or nocmlvdY.
M SuCUnramra tnd Ass" Bou joint and 8averfil Lbb� CO -slit M 7h* �wttaau and WWOR fro or this SOMWw
Instnancat attsa bred and bmart the sOtxaetors and a.agns of r ardarand a orrower.11te preening susut�ea d.dl not he" trued es Under may mQubs
a. mu MA ion repay a6Worf & � a�la ot� � by at L ftWW «'
and agmeaoaitte drag be Wnt tqd sevetfl. Any Bombwa who eo- Ww this 80cmiry4unuauat bat does not eamte the Agmeoam
(1) It co.a this Sbc * I nepO►hcrtt 0dy' 01"884 lima and tmtvty thu IlomwWs {caeca In the hO ender ere gum th
of is stw4w rt w4wcatt M b sot ply dW4x&W ID pl the dans.0wgred by tltb SWMW Luaament; sad (M 61040 cite[
Leader and my Other HOtttawa MY MUM so es4e.d, tlOM, raeom or mum racy wooauaodatloro vhh nxa t to the tams Ot tbis
seoorltyInesu ermortheAgmemxntwlmouttb >~t9arroro arscat G
13, Notdees, Any hobo to, aorrmvoe Provided for In fhb Stxmity ltuttumeat ehsll bC ghat by d0be iag it or by tnalang It by
fire, Ct s midi Unless appllable law requires use of another medwd.7U nodvb shall be diracle T to BOlrewer at the Pmpmty Addm"
or at any QUM addt n.Rwmwer- dadgnalcs by writtat notice to Iadtt. Any notion to l.iador s1mC be glum by JIM slaw OW
directed to Leader U die address 'at forlb abo" or to any Ogwt sddtaas Oft Under dmWw" by wrift tmtloe to Bommw' Any
nolles, provided rm M fhb Security rnsbomeat SWI be donned to have been given a Sbaowv OF Loadts vAen given m ywAded in
this mph.
10. T nnda nrr Hosumbwaa of ft Property or a Hwetkdal bkrtld In borrower. ir fill or wry pmt of the PrOptsty Or arty
laamst ht it is sold, cdnvoyad. leered, attambaed, m ruu
ndered (m if t beroc d intact ht Bonover b sold or asatrmed am
I, u ai
Ho"amw et a l" petwa) wldwuI I.e 4w prior waver. convent. Lander nary, at 119 Optioa, and' with trotlee w Harower, .
"clulm intmadhta paymem tin fug of as acne mama by i)t4 SmdW IntuWAM Hmftva, this Option thitlt out to and{ed by
i edder it axed" Ispmmbhed by taeerd law a of dudnto of fhb Bereft insmtmCK
If Lader.exacben fib Option, Leda atoll 00 Harrower %Tim nadae of aooalaathn.The 110tic0 aha11 provide aPOW of trot
]fire OraO liftaa (1S) days from the data 1ba ratlCa 4 ddivead or rmtkd wttlnta whidt Huarmr0r mntL pay all ouch rowed by acts
Security rnsttumem. If Harower rail. a M the "but sums prior a the woulam Of troth pw1A then Larder may Invoke MY
rrrnediw pemritoed hY this Sacwity iasdwment wiowut [mow swum to. a deat.nd.oe, Arsrorter,
IS: Amshmml of "ttl AppiAatment Or Uetdvert L.toder to pmemlon. As sMottal wcurlw under thh Sewrtly
mOwer
Ingeument, Sa hereby asfigw to I epdaa dm MM or draPropaty. provided ohm. prior W ttveelandM PUMId w Paagmpb 16
ttecaof tit 0andOmmut Or the ha", BOrrowa.ehill havathe NIM to collect and teal; trod rents as 0*v bo0otae 60 and payddo.
L*b aoeolmlioa under P"fgb 16 or abendbi imt of the LtOder. tit person by t or by R jaddaay appomYd
recOlver ldwl be mruilad to aria upon, U Possession or and rttan� Properly. and to Ca ren t, at we Prgra+tY h+aiaaing
tbentn.patdua An rata t oUoctW bi .1 ar ate racedver shwa be applied test to paynca of the Coss of tnenagenent or 68
Prapenr and c6ubW O of ran, Mclodirm,iat04 WW a, seon;va t sew. pramsums On taatvtr'a twnaa, and raasOtabiC eaoraey,'
feed, and then to the sums berm d by tkdsSaettdty lmuumant LapW find Ow SW bs NUB m °°Count Oa1Y fm three roots
aatuanyreceived.
16. Brest! err Udsult; Accetwattotti lawned{m The oactarenc0 Of any One Or mom Of the roaowlog avmm stA nt the alwdon
Of lades, tamstiwto an 'Brett of Dersul4 and shill er49e [ender to termbtsM the Idne of Credo uN wcatorate the indebtedi�m .
seemed bmW.
(a) If owwm shaft commit faatl or make a metlritt wJue twou" Bon M wruteadtut vllh rho Lbmof Cm*
(b) it aaroww:dwn faa to meet the rep.YRM tanit su forth In Eta Agtauoenk
(r) if SOrmwts shill act Or U to act in sny wily that'advasaly 9 90M ft P'rapCap or Landers het urity interest or any
other light Ctrl Lmdar shA heve in the property, iecladia& but to Ih>w tb,, So c'ss ac Owisdow
diet WxMute *Svena O( rlerkole udda the Apemueat. nil 'St"Owe[ s . pert
Orsgroameaa contahted in fiat Sthwitf i oMxtc d
Upon die Ocawm m of an rivets. of WWR.(but 316t paws. to s a600 Wax PtuBartph li baeot onto= sppOmbie btu
provides oitaw*, leOder shad giro P414 a to Pwwww prior 10 ri W coelaviloa :pWrytog: the defaatt (b) the ecdoo mquirad a
core the defdulh (r) t daft, not kss gm th Uti' C30) dgp a such adwc shorter period of time so may be.ecesvary a ptolau leader
rwm advem and mttroiel hnP4naa4 of let sm*l intm % Mm the dilb ibb notice bmslkd to Hormwa, by which 00
gURI EASE 47
VA
a.,,wn aM«,r,Lm N.OIw1. N. x9 Yip Gore 17• {7-r C:]la5a.t�
default man be c Wd1 and (d) that BD_WWs (A_ to ou m the deAoh on or befae lie dart apetii'wd Ia the mtke may least b
tteedenit rt of them ademed by IM Security InUMM11. fanolamm by jmCC d peanut. a by aq onto pa %W
kw, had rb of the Pmpaty. 7ttc aotbo area farther hsforot SMom of the riSbt to celp M l Lima of Qddit abet
by Lade, tad dim d& 10 ss+at in the foeeloaure p umdlaa the mm�•tadstaamc of a a mulf or .&q Odra date= of
hot SmG o
Borro aa
wer to ttoa Ott and ate. V the ddoll is not mod on a before Una due rprettled b the noti"06* Lendc, a its optiam, may
rtgttka I,oretdlsb is fat of dl smu aewred by tb6 9etvrtU btatrtrorwt. vdtbout fomw dmtd, Ind mly famum tits
wavily tnatumera M Jotpcfaf prt>oeedYts a a atttttrwdse ymta►tted a regtr>nd by atsppts<ble dew and Invoke my aft rtsmtdb
dt
perdtltod by appiisebta 1sw. At ey atdi facolbaure redo 1 ertQet !dW bid eod beooata ptuahtat of a Itrvp I alder tdtpll b
. amtl0ed to oapccs ap axpares lacartod Ie petauldg fro rtwerBer proridad 1n dtiaYaretsraph Id, imclndatg, but od to, reawruble
9ammays' tea and "eau of dde avldepc4 �dta hd dlq bui as dashed to,
m gip aurae warded
Ybe Smeller dud! apply tlse proeaeds of the agile in the lotbv&� ardtr m Io at<atpmasm
ibe WIS. toa of aft prior Ions a of the date df tae sai;•aod seamoabb tutotadya' teas and eta of tf�avidatoe (lQ
by tw socad y Inmontmi� etas f}S) a+y extxss ttta ptemt ex praGOas bsSaBY ambled ko i<
17. bwrvwWs RW fa Rule. NWwhhWndlag tutees nocowm*n oft* eau mm uW by Als Soava t eorc
to %on wtes defmuil. attt}ea to ppptloblelaw- Btmow.cr aaall Ime Om fts t to ben eery prop WkW b%- by i
thfa seas* m tt+dloDnlawud 4WAY time VMS` to 011 of A JudI(faW Wrardu this Seaufty Inr Wsmat It (d Bomm# Vacs
•f cads all mmo wbkh ,a KM be the* Qua tader,tde sammbr tnRatatad mad dx AVeanwt had no soodardoe ommorted: N
Botrarer cons tat vlatadoos of Gay athw owv u or asremsmn of Bomwa eaalmlmd la thle SemAW 1ASamweott (0.) Dom mw
pmysiQ samsmubte mVenas famiaed'Iaemf mOIDS tbb Seenrity Ind moat loeti a8, hutnat Walled to, rtatattblealmrM" fees Std
eoaa code and (d) )sorrower micas wdi eoaon as Leadar IM reaoaably mgaae to aatam drat dw limo of tl h weft lash mwtt,
l emwe !dead ia' ate Pmpaty, and BWMWwr'a oblWM to.psy to amnia tmmmad by dda seaahy Iaftumcal da mndmm
wdaVojr d. t pad mb payment mA cum by Btmawer, dda Swm* taekaaeat had ft obits sectued aamby sup ranalm in fall
form end affea to 9 ao aooafmtuion had omw ad.7lda tight to smiaaate sbdt tmt V*, bowmar. In du we of aaodnadom pu met
to Parts vh 14.
Ill: Govardaty i<.awl Severabtagr. This Sawtty ta+twneut true be dnvemut by lea farm at dts )ut& d m is wfdab the
Property
I baud, 7be fmptay eeaimm"rm limp ate GppiloabIDh' of NOW 14w m MIS Seetuby IroamnaL to as evau that
tmY paovlatom or claws of tw sem r* UtafrarrAM err the AYreaaml oonpicta whh gpgc" law. ash awtfllU AuM not aRea odd
provalonr d
N sacwhy Inseumom at fro Armmad widob van be givm afted wkhml Iba ccapiatng Provision - To d* atd. tae
VW4830rn of ads Sea>AiW Iaeaammand to Apcaaatt am dechnd to be iavem ble.
19. Iona ChwSm If the Lkm of Crodit seemed by drfa Seatdry lt*wm at Is sob)at io a law whkh sate maalroow lomi
ehmgea, mod that kw IS MAY IAWKmW so that der humcstor oats dWM ewIW" or a becollected. In m oamdon wlih the tine
of Cradp exat s the p6mttla41Ga1ts. thee: (Q my such chmV obeli bcrodumd by Om amount notary b ROLM T he Cksw to rho
PDMMpd Bsdti mad (B) spy mm ahem tv ealieded from Sanwa which orooedc4l mate atnIl be rotonlyd m Bortwiri.
Lerch Chia reared such aroea aftba by reduells the pthttdpd owed tuft to Asrmmut of by milking a data PgVA N 10 dm
Uouowa. It 1.aldef *POW lho ON am rowan! mduelAg Ste Drfoai9d bskmme. aoch nerdlon AA be treated a a VWW AePR^mr
rflthotr d Sa'eVal��tB° ss °by be EOatmrtred nttda iM AdaaQaot
A VAImt. Upon psyrdeutof am WAS "%*ad by tats Sccwity Inmarmem tatmbstdm of all obBStJm to matceadvmm sad
upoa demand by Buovwer, Lenda ahA prdparo and me a dbduffse of this Security blaallldll. Hmuvwta• a"pttr hay rbmrdadaa
ooft-Laoda.g4 tasryta.Batower a fee tot reJpdas dAa smuft Ieattemt. n but only if eta ( op 1s paid to a thW Petry for aavlca
rtrtdaeaamde olUS Of the tee L perm(tkd tuft apptkdde hw.
11. tforardom Sottstasices. Bvisowt r atop trot eaaae or permk rbe pm"", me folioed. atorets4 or rotma do of i fa vtoladoa
subswcas od or b tea Firo➢m. Bddcwdr diem rat "m guu* Gttyarte"to der, vo tas.atfu tyf dm PmDaty
O f my 9avimameatal Lew. The preco tg two sonlaom *0 bet mVVir to fro pteuate. toe. or ,rout tan dw propaty W taMdl
Iamddis of Hasatdous Std>daroav tam ame gertadfly romrbod to to apgeopr "fa rums tW&DIW am lad for taanta lm= of
Pmp
a
S s pom a teach. twittan 00408 of MY lnmaftmdm % eWra, dam" !,west err oihv adlon by any
h
pdnowdr al Lary Y taro paty Involvint dm Yroyaty ad cry Rmwd&m Substance a lnvbmm mW tiw of
vh k mauU a u Ild trY ndge. If . Pd
or an 1ga fah aOr lowlv
y mamrdod S>fomwt gene. Of is notified try � oma tto'r Bo ow � WW OmL d y i ope"m
.err oth raoediaqua of anY 1Baans itbtuatce lfedhtg ft worm my.
reavedid,estate to adtatdamm widr Bavttvmmw I:vw. -
As ukd W " Psaasr* 21, 'fittardotn Subomacem' sm Qtele sulmahce ddfned as tko at hatwdoty eubrtsw3a by
Htevfivasnaad Law Sfd tiro fapowlag sadfaa. b-amse. Wit Ilaaanubte m W de pcboidmt p oduv V
• 60oK�J$JNl9i.t;�� .
ex tf tr
• s..w«aMwtr.awscctvvl.ua t3at7ar9 •
BO, ttwblcldeq votalNe solvate. tsgwlds contdutbrg a1110t00t a faKtnaldehyde, and ndbeeliva rawAsu. As
rel hdlUa relay m
21. '7iaownroutul Law nwass Peden) larva and Iewa of the jWisdlerion whore the Property t
enoirona Orel protection, .
bA martgagt bnareocs.if Leader to pirod malgege hetsarce as It coadit"n of -&W the loan saattsd by thb S000rttY
Inehumat, Borrowrr A" PRY the WOB'duote required 10 ntebrtab 0% ruottgage k mnmre in sired Lf, for my re the rnortgage
irartro tco covarquacquited by Lander. WW a wines W be Ill titNA Bahosrw Shall peY the luensh trs coq" to obtain coverw
.n6atanUalty equwdant to 46 mortgage iosorasou previously la offoet, at a Pad atbatantiaBy agtdvaknt to Im cost W Borrower of tits
mostgaae b ausorce pravlowdy in offout, Erato, sat dWMLrb mtrtgwe Insurer approved by L mdar, If subs=Etdly aquivalant mortgtgc
knurerin eovaggo le not 1179111le, Boiroec! $IWI pq to Leads attic mouth a emu aged to one Iwelfdt of the acre n=ags
brit anc s p wiluns beingodd bq BmMwer ON the Iraraomcovesep lepead or Doused to be in eRecL LCOdw Wit! troeept = end
B;Wa fbo paymaae ss a lour MUM In lido of startgaga WWWO pym" IAA am" ytMune MW no lougw bur ropired, at
the option of Lander; if mortpago inasroace ravaaga (In tho smonm end for the perlod t Under ragvhcd pmvkiW by as Laura
eppoved by tzedw age .in btaima avAbkbte and k obuined. Borrower dro n ll PAY 00 }ramSro r"Id"d to nr*NAia inaouaoe;n
effem or to provide a loss rwwvA auras end wit the 1"ar Wnart for otodgede instsraroe errata in accordance with soy written
Wearmant between Bovowa tad L+odderot appl(mbia law.
aity
23 $&N of Note[ Cfawge of f uuue S afvlmr. 7lte Agreantru of a partial imered tn.the Agrwnem fLOPila with W S OP
'ILA r SSen,kw') O Co Monthly � Y ar de to Rommu. A sale Ai t and Qde 8 n
S*WHIY ir>*mlc rL 7bma�way be ono or
rates chomp of the Loam berviar WWetaad to a Sala of tla Noe. if dm* le a ch"BP of the Loan Sarvku Btmrawa will be divan
VJAU M. aodee or dig change in aocordave with pm&r ph 13 above sari spokablo 1rwt. 71ro aotice will scene pro Same and address of
Qte txiw Lou Sec kU and the oddtm,to wheh payments shadd be msda. Tie notice wig aeo vomaln sty olber LrfamMton ragrrited
by 44&81116 lkw.
24. Borrower's VVW"re -To teeexraid pa nixed by applia" kw, BorMww wsivce andtdeet"
(a) wdest arpreasly pmvlded for In the Agroom out of the Seaudw In*wasai, on undoes or Bsrrowar's defndt or
of L:mrdees Heetion to exerelto, or;LaMw's sound axarclss of Bury rigid or remady luster the Noe or fib
Scaaity losermnmf
(b) d1 bW9AL tint W& Soave to Horroww by vicuna or cry preheat or forma law ssempdng tine Property, m any
part of tits proceed own s ow pan sky sdo thweof, from aurchmar. levy a Sala on avoution w providing for
nary stay of oxacotfas, e:empdoa from clod proem or wenelon of tbno forpaymct L
2S. OWldrttlon to Advnner. I mater's obligation to 4BIVAM funds to Bummer upon and abject to tiro tams tared in the
Agreement afar receipt of It Credit Line Check or DOW tegaaat for rot advance mado In awordrmee with the Agreaaoat shall be
obit8sixxy•
t ... ]t;. Ltadq^t Rlghh. fergdsr.slfen tq dKKJaed t0 have tila IWB (lOaef it � all tljliN, raTN.Qid, Crd aCfiDaa aO1h0�aad Under alayatt
ad.lu ae rodrral end stab laws which 9W I;arae7(YY Ord, e{tmitlalb avdkltle to lenders "eking m collecting leans of mosey, or
orftsimg audit, rracdred in either evert byreriderr6sl real Clete, which Wass or credit Duty be simllar or Wended to nacre 10 the t.irrc
of Credit ttaeby WW r4 Such uESho Sad mnWks rosy not be oxproady huv& elated or conduced on Leader: Notting henft
adted: s1WAl be dawoed to linult or pnwart l mdw liom $Wbg mob righ S, remedies w sstioat In conaecW a with tiro arrommaet of
14M sale); Batlnnsuodor, orleadi' YteRminlrt+ sdoaot lheAgromaenamtVort ' (trttrnmcat
27..Requrst .for Naha or Fefaon surf Fertrl0sm Dada Film Mortdagt. Borrower Bud L.eBda hereby regoesl the
holder of tdt Prlar lvfartg;W or of any other mertgase, deed of bV E ceo4ty mcam6neee with,, Den adrkh tw priority orer
rink t eemvity lartrrtatay to give notice W L:endtr.at t.asdtr's sddrw ad tor46 on page one of thb Security Wit tat, ar any
dtYaatl uadv tee Prior MoatLeit or any stber supeda► eoesmbrsntx esd sf Soy pk or 9Hra fetYd06art setba.
YM, RWrxs W Ants SeeoritT Tattfamsttt. if ono, a morn rldtn ere txegrsdtry Borroa+w aQ roaotded bgelhw wlQt refs Seamlty
In Enjeo ni, The coveaonta and apeemems of emb adt rider aturi be WOMparated Into, "d shill amatd and snpplemealft ceveam0
end agrOotne its of the Security Imw ateol as If tie flda(s) wean a pert of the Seam* laasmrat.
(Chock jeWic"bar).
u�uu R Uu id �� et ti atkrhed, dated .
No ttida(s) ttasaltad a atria Security BOdKl5U0 M6IE..87+
pA
e.- teO &M.- ,Ist, 4o, R� tstr toff flNeAC.71tSA7a
f
' IN• wcl�se mtanL•os, Borcaxror nes ellsalud ale sooally � ■ {CUltlail ss � u2e date £inl abo.e �11sen
wt u�effw: ,
(SU4
. wwrr
asCi J T.OUK
• is�'i
isba'l
,.,
Carg6 of itat lv , �¢by ow ft dwt dw corral tdOM of
I'Gakz�Co. A • 5hocrob do bm
awl+ �u� 2, d , �aM.eta'r��a`41ax�c5no• Cie +�^a.�1a''Ra�Sae,'�►•c�o,c.�t 4zcr -'7
Vllamfs 11� MfidOU : , �t day Of 'Okp" l bou
a- 4um,.,
as o onpKee
COMMONWEALTH OpFWMYLVANIA,
p dii, to 1 "?� �
p ,^ath m mmd
Q�e_ mltrxylbed m tha wblds inap2artxls endaHled , f'if'
6 ft moot" dm*Pa*baeNteansab+OA . µ
IN wlndas$ Y+.I bawnb7 a+Y but and
my Bfphx
T1i4�T18PMAK
kvvW $we 07 l�Y�lIM
a0ari$65 NIOE .�
f.tlw� • YM., �.CNM,
or
KOHN
ALL.THAT CERTAIN tract of land with the improvements thercon erected
situate in Lower Mifflin Township, Cumberland County, Pennsylvania,
described pursuant to -a survey prepared by Eric D. Diffenbaugh, Professional
Land Surveyor, a copy ofwhich is recorded herewith, and more particularly
bounded and described as follows:
BEGINNWG at an existing iron pipe at stones in the Southeast corner of the
tract herein conveyed, said pointbcing in the line of lands now or formerly of
Jay . R Ginter, thence along the lands now or formerly of Ginter, North 46
degrees 28 minutes 29 seconds Vilest 704.17 feet to an existing 2 inch
chestnut oak tree in the line of lands now or formerly of Albert Miller,
thence along the Lands now or formerly of Miller North 72 degros 53 minutes
13 .seconds West 283.80 feet to a act iron pin and stones; thence caatinuing
along the lands -now or formerly of Miller and through a stream North 44 '
degrees 34 minutes 31 seconds West 519,75'feetto an existing stone pile;
thencezontinuing along the lands now of formerly of ' Miller North 37
degrees 35 minutes - 27 seconds West 163.56'feet to an exisitng stone pile in
the line of lands now or formerly of Batrick Heirs; thence alamg the lands
now or formerly ofBatrick Heirs. North 72 degrees 41 minutes 56 seconds
Bast499.96 to an existing iron pin; thence mtlnuing along the lands now or -
formerly of l3arrick Heirs North 21 degrees 31 minutes 37 seconds East
38.62 feet to an eAFMng iron pin at stones in the line of lands now or
formerly of George E. Blessing; thence along the lands now of formerly of
Blessing and crossing the Blain - McCrea Road South 46 degrees 42 minutes -,
27 seconds East 991:99 feet to an existing fence post in the tine of
•ys� , .d}� ,cif -:, .. '
Il: o � .
t
" Stele of peonerivorda l ``�'::�5 Y r.' -r
county McambarlMdJJ' 88 R • >rP� '
R n the otll the a fAing of (DI, .
P t.
_--Page
Boat
' - vti mY hand end of otikt q+9
Co vsK PA this' et v
. eouti565t� ,��
. J
t t HOME EQUA LINE OF CREDIT AGWEEMENT AND
PROMISSORY NOTE ( "AGREEMENT ")
Y
Account Number: Name and Mailing Address of Lender ( "Lender "):
Advanta National Bank
Name and Address of Borrower(s): 850 Ridgeview Drive
JACK J KOHN Horsham, PA 19044
BARBARA M KOHN
117 WASHINGTON AVE WILLIAMSTOWN, New Jersey 08094
Property Serving as Security ( "Property "): 150 BLAIN MCCREA ROAD NEWVILLE, Pennsylvania 17241
Date of this Agreement August 13th, 1999
CreditLimit: 31,100.00
Draw Period: Three (3) years
Repayment Period: Twenty (20) years
Initial Annual Percentage Rate: 11.500
Maximum Interest Rate: 19.500
Minimum Advance: $200.00
Final Maturity Date: August 18th, 2022
1. Definitions. In this Agreement
"You," 'dour" and "yours" means each and all Borrowers who sign this Agreement and any persons who use the Home
Equity Line of Credit
"We," "us" and "our" means Lender, and its successors and assigns.
'Account" means the Line of Credit Account established by this Agreement
'Billing Cycle" means the period of time normally covered by monthly billing statements and includes such period of time
even when a statement is not sent because there is otherwise no balance in your Account for that period.
"Credit Line Checks" means the checks used to access the Line of Credit funds during the Draw Period.
"Draw Period" means the period of time shown above during which you can receive advances under this Agreement by
writing Credit Line Checks.
"Repayment Period" means the period of time shown above during which you must repay the outstanding balance of your
Account, with accrued interest, but may not request further advances. The Repayment Period begins at the end of the Draw
Period, and ends on the earlier of the Final Maturity Date or the date when final payment of the outstanding balance has actually
been made.
2. Line of Credit. This is an agreement for the establishment and use of a Home Equity Line of Credit Account This
Account is a personal line of credit which we are making available to you to obtain loans up to the Credit Limit, on the terms
and conditions contained in this Agreement. You will be able to obtain such loans from time to time, and in such amounts that
we may advance and re-advance to you up to the Credit Limit, subject to the terms of this Agreement This Agreement also
constitutes a Promissory Note which evidences your obligation to repay the outstanding sums you borrow, together with
interest on such sums, and any other fees and charges that you become obligated to pay under this Agreement_
3. Promise to Pay; Credit Limit. You promise to pay to Lender, or order, all funds which are advanced and
re- advanced to you from time to time, plus interest thereon, as set forth below in Section 6. You also promise to pay all other
amounts, fees and charges authorized by this Agreement You must repay the entire outstanding balance of the Account, plus
all accrued interest and any fees and charges due and payable on the Account, on or before the Final Maturity Date shown
above. In the event all such sums fees and charges due and payable on the Account, on or before the Final Maturity Date
shown above. In the event all such sums are not paid on or before the Final Maturity Date, then interest shall continue to accrue
on the outstanding balance of the Account using the same method of calculating your interest rate as set forth below in Section
6.
Your Credit Limit is set forth at the beginning of this Agreement You agree not to allow the principal amount that you
owe on the Account to exceed the Credit Limit: If you do exceed the Credit Limit, you will repay such excess immediately.
PENNSYLVANIA HOME EQUITY LINE OF CREDIT /
AGREEMENT AND PROMISSORY NOTE ( "AGREEMENT ")
Page 1 of 6 (7.16 -96) IC-23399-21 i
Bankers Systems, Inc., St. Cloud, MN r !,A ,
KOHN
x, ,-iA
. 4. Security Instrument. amounts due under the Account are secure* an open -end mortgage (the "Security
Instrument") on the Property. You agree to pay all amounts due from you, and otherwise perform all covenants and obligations
required of you, under the Security Instrument. If, however, it becomes necessary for us to advance funds to you beyond the
Credit Limit to protect our security interest, those amounts in excess of the Credit Limit will be owed by you but will not be
secured by the Security Instrument The Security Instrument and this Agreement are related documents and a default under one
document will be treated as a default under the other document. To the extent permitted by applicable law, the lien of the
Security Instrument will continue and will have the same priority of claim if, with your consent, we renew, extend, amend,
modify or substitute this Agreement. In the event of such renewal, extension, modification or substitution, you agree to execute'
any additional documents necessary to accomplish the action being taken.
5. Advances; Credit Line Checks. We are not obligated to advance any funds to you under this Agreement until the
Security Instrument: (i) has been reviewed by us for accuracy and completeness, (ii) has been recorded in the land records of
the jurisdiction in which the Property is located, and (in) constitutes a valid lien on the Property, and (iv) any applicable right of
rescission has expired. After these conditions have been satisfied, you may obtain advances on your Account by using the
Credit Line Checks. You may only write Credit Line Checks during the Draw Period, and only for amounts equal to or greater
than the Minimum Advance shown above, subject to your Credit Limit. If your request is for less than the Minimum Advance,
we may, at our option, grant the request. However, granting the request does not mean we will be required to grant requests for
less than the Minimum Advance in the future. We always have the option to deny any such request During the Draw Period,
you may draw upon your Account, within the Credit Limit, until it is terminated or unless additional advances are otherwise
prohibited, as provided below. We will not honor Credit Line Checks received by us following the expiration of the Draw
Period, regardless of whether you issue such Credit Line Checks during the Draw Period. We are not required to honor any
request for any transfer or draw that would cause your outstanding indebtedness to exceed your Credit Limit
Credit Line Checks may be written to any person or entity for any lawful purpose, except that you may not use the Credit
Line Checks to pay amounts due on your Account. You will immediately notify Lender if any of your Credit Line Checks are
lost or have been stolen.
t
6. Variable Interest Rate. The interest rate is variable, and the annual percentage rate (corresponding to a daily
periodic rate) and the periodic payment may change. The ANNUAL PERCENTAGE RATE includes interest only and no
other costs.
Beginning with the first complete Billing Cycle and for each Billing Cycle thereafter, the ANNUAL PERCENTAGE
RATE will equal the value of an "Index" as described below plus a "Margin" of
percentagepoint(s) ( 3.500
THREE AND ONE -HALF ),
rounded upward to the nearest one eighth (.125) of one percentage point. The "Index" is the "Prime Rate" or "base rate on
corporate loans posted by at least 75% of the nation's 30 largest banks," as set forth in the "Money Rates" section of The Wall
Street Journal, Eastern Edition on the last business day each month before the Change Date. If The Wall Street Journal is not
published on the last business day of any month, then the immediately preceding publication of such rate shall apply -
The interest rate may change on the fast day following the end of the current Billing Cycle ( "Change Date ") and the rate
will be effective until the ensuing Change Date. The ANNUAL PERCENTAGE RATE will not change more than once each
Billing Cycle.
If the Index becomes unavailable, we will select a new index (and, if necessary, a new Margin) that will result in an
ANNUAL PERCENTAGE RATE that is substantially similar to the rate in effect at the time the original Index become
unavailable.
(a) Maximum Annual Percentage Rate. In no event will the ANNUAL PERCENTAGE RATE (corresponding to a
daily periodic rate) increase on any Change Date by more than one (1.000) percentage point. In no event will the ANNUAL
PERCENTAGE RATE (corresponding to a daily periodic rate) increase by more than two (2.000) percentage points over the
sum of (i) Prime Rate on the date you sign this Agreement, plus (ii) the Margin, in the twelve -(12) -month period commencing
on the date you sign this Agreement The ANNUAL PERCENTAGE RATE (corresponding to a daily periodic rate) cannot
increase more than two (2.000) percentage points over the ANNUAL PERCENTAGE RATE (corresponding to a daily
periodic rate) in effect on each of your anniversary dates, in the twelve -(12) -month period immediately following each
anniversary date. During the entire term of the Account, in no event will the ANNUAL PERCENTAGE RATE
(corresponding to a daily periodic rate) increase by more than eight (8.000) percentage points over the sum of () Prime Rate on
the date you sign this Agreement and (ii) the Margin.
(b) Minimum Annual Percentage Rate. In no event will the ANNUAL PERCENTAGE RATE decline below six
percent (6.00°Io).
pvq -
PA
Bankers Systems, Inc.. St. Cloud, MN KOHN Page 2 of 6 (7- 16-96) JC- 23399 -22
`AA
r
7. Finance or Interest Chios.
(a) You agree to pay a periodic finance charge on your Account. The finance charge begins to accrue on the day that
your Account has been debited for each advance, and continues to so accrue until the day the outstanding Account balance is
paid in full.
. (b) The periodic finance charge for a Billing Cycle is determined by first applying the daily periodic rate ( "Daily
Periodic Rate) to the daily balance ("Daily Balance) of your Account. To determine the Daily Periodic Rate, we divide the
ANNUAL PERCENTAGE RATE in effect for the Billing Cycle by 365 (or by 366 in a leap year). To obtain the Daily
Balance, we take the unpaid balance of your Account at the beginning of each day, add any new advances and other debits,
except late charges, credit insurance premiums and returned check fees, and subtract payments or credits and unpaid finance
charges. This results in your daily principal balance for each day in the Billing Cycle. We then determine the finance charge
for each day by multiplying the Daily Balance for such day by the Daily Periodic Rate. These daily finance charges are added
together to obtain the total periodic finance charge for the period covered by the Billing Cycle.
8. Monthly Payments. We will send you a monthly periodic statement applicable to your Account. You must pay us
at least the minimum payment ( "Minimum Payment ") indicated on the periodic statement by the date indicated on the statement.
If however, the unpaid balance in your Account is less than the Minimum Payment, your minimum monthly payment will be
equal to the balance in your Account. The Minimum Payment will include (a) late charges and any other charges authorized by
this Agreement, including, without limitation, any expenses or advances incurred by us under the Security Instrument, (b)
accrued but unpaid interest for prior Billing Cycles, (c) premiums for any optional credit life insurance you may decide to
obtain through us, and (d) an amount equal to the amount by which your outstanding balance exceeds your Credit Limit.
In addition, during the Draw Period, the Minimum Payment will be the greater of $50.00 or the amount of accrued interest
only.
In addition, during the Repayment Period, the Minimum Payment will be an amount equal to the payment necessary to
amortize the balance due, plus interest and fees, over a twenty (20) year period.
If your Minimum Payment includes any other items authorized by this Agreement, we will so advise you, and the periodic
statement will include an itemization of such amounts.
You must send all payments to our attention at the address indicated on the periodic statement.
9. Prepayment. You may repay all or any part of your outstanding Account balance, at any time, without penalty.
During the Draw Period, any amounts that you repay will subsequently be available to you for advances, subject to your Credit
Limit and other limitations in this Agreement. Even if the entire outstanding Account balance has been repaid, the Account will
remain open for future advances during the Draw Period. The Security Instrument will remain in effect for all such future
advances under your Account.
10. Application of Payments. We will apply all payments which we receive from you in the following order. to pay
(i) amounts due under the Security Instrument to secure the amounts advanced under your Account and to protect our security;
(ii) any escrow payments, if we require such payments under the Security Instrument; (iii any late charges; (iv) accrued and
unpaid finance charges and other charges; and (v) any unpaid principal balance.
11. Amendments to This Agreement. We may amend certain terms of this Agreement under limited circumstances, in
particular. (i) selecting a replacement index and margin in the circumstances described in Paragraph 6(b), (ii) making changes
that will unequivocally benefit you throughout the remainder of the Account, (iii) making insignificant changes, and (iv)
making changes you consent to in writing.
12. Fees and Charges.
(a) Late Fees. You must pay a late fee of five percent (5.000%) of the amount due and payable that is not paid within
fifteen (15) days after the Payment Due Date shown on the periodic statement.
(b) Returned Check Fee. You must pay a returned check fee of $20.00 for any check that you have sent to pay your
Account that is dishonored by the bank, or for any check which Lender returns unpaid due to unavailability of your line of
credit.
(c) Collection Costs. If we take steps to collect the amounts you owe us under this Agreement or to protect the lien of
the Security Instrument or the security of the Property, you agree to pay all costs and expenses incurred. in connection with such
actions, including, but not limited to, reasonable attorneys' fees and legal assistants' fees and court costs.
1
PA
Bankers Systems, Inc., St. Cloud, MN KOFII1 Page 3 of 6 (7- 16 -96) JC- 23399 -23
. _ r � - � '
' (d) Maintenance Fee. Youet pay an annual maintenance fee for each tw1omonth period during the Draw Period.
The fee will be billed to your Account on or after the fast anniversary of the establishment of your Account, and on or after
each anniversary thereafter. The fee will be $45.00 per year.
(e) Termination Fee. You must pay a termination fee of $500.00 upon the early termination of your Account and the
Heil of the Security Instrument during the Draw Period. -
(f) Stop - Payment Fee. Subject to applicable law, you must pay a Stop - Payment Fee of $15.00 for any request to stop
payment on a check drawn on your line of credit
13. Credit Line Charges. You must pay the following expenses when you open your Account:
Points /Origination $ 0.00
Appraisal $ 0.00 r
Title Search and
Mortgagee's Title Insurance $ 0.00
Recording Fees/ Mortgage Satisfaction Fees $ 0.00
Mortgage Recordation Tax $ 0.00
Auomeys' Fees $ 0.00
Documentary Evidence $ 0.00
Customer Costs $ 0.00
$ 0.00
$ 0.00
TOTAL $ 0.00
14. Use and Occupancy of Property. You agree to occupy, establish, and use the Property as your principal
residence, unless we otherwise agree in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond your control.
15. Insurance. You must maintain on the Property a homeowner's policy of casualty and liability insurance and flood
insurance, if applicable, in such amounts) and for such period of time as we may require. To open your Account, you must
provide us with .written proof, such as a current certificate of insurance, showing the required insurance coverage on the
Property, as well as an endorsement of, such policy in favor of us. In addition, the policy must require that your insurance
company provide us with at least fifteen (15) days' written notice of any change in insurance coverage or of cancellation of
your policy. We may refuse to honor checks or to make other advances or transfers of funds under the Account until we
receive satisfactory evidence with respect to these items. The Security Instrument more fully describes your insurance
obligations.
16. Term of Agreement. Your Account will automatically terminate on the earlier of the Final Maturity Date shown
above or on the occurrence of an Event of Default (defined below in Paragraph 17). Upon termination of the Account, the
entire principal balance then outstanding, with accrued interest and any fees and charges owing on the Account, will be due and
payable in full on that date. You can terminate this Agreement by written notice mailed or delivered to us at any time. Your
notice of termination will be effective on the first business day after we receive it and the entire principal balance outstanding
on your Account, plus interest accrued thereon, together with fees and charges owing on the Account, will be due and payable
in full on that date.
17. Termination and Acceleration. You will be in default under this Agreement and we can terminate your Account
and require immediate payment of the entire outstanding balance, plus accrued interest and other charges, if:
(a) You commit fraud or make a material misrepresentation in connection with the Account;
(b) You fail to meet the repayment terms set forth in this Agreement;
(c) You act or fail to act in any way that adversely affects the Property or our security interest or any other right that
we have in the Property, including, but not limited to: (i) failure to maintain required insurance on the Property; (ii) the sale,
transfer, conveyance, or encumbrance of the Property in violation of the Security Instrument; (iii) failure to maintain the
Property or use of the Property in a destructive or illegal manner; (iv) commission of waste; (v) failure to pay taxes on the
Property or otherwise act or fail to act and thereby cause alien to be filed against the Property that is senior to the lien of the
Security Instrument; (vi) your death, if you are solely obligated under this Agreement, or if the death of one of several
Borrowers under this Agreement causes our security to be adversely affected; (vit) the Property is taken through eminent
domain; (vii) a judgment is filed against you and subjects you and the Property to action that adversely affects our interest; (ix)
a prior lienholder forecloses on the Property and as a result, our interest is adversely affected; or (x) if you move out of the
dwelling and our security interest is thereby adversely affected.
PA
Bankers Systems, Inc., St. cloud, MN KOHN Page 4 of 6 (7- 16 -96) 7C- 23399 -24
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• The foregoing events each wiO known as an "Event of Default" and will be &n collectively as "Events of Default"
18. Remedies. If an Event of Default occurs, we may terminate the Account, require you to pay the entire outstanding
balance in one payment, and we may charge you a termination fee and fees related to the collection of the amount or amounts
owing. Tf you fail to pay the Account balance in full within thirty ( 3 0 ) days after demand therefor, we
may foreclose the Security Instrument and sell the Property. We can elect to exercise or delay enforcement of any of our rights
under this Agreement and/or the Security Instrument without losing any of such rights. If we elect not to exercise or enforce
any of = rights, such election shall not be deemed a waiver of any of those rights.
19. Suspension of Credit and Reduction of Credit Limit. We may prohibit you from obtaining additional extensions
of credit, or we may reduce your Credit Limit during any period in which:
(a) The value of the Property declines significantly below the Property's appraised value used at the time the Account
was established;
(b) We reasonably believe you will not be able to meet the repayment requirements due to a material change in your
financial circumstances;
(c) You are in default of a material obligation under this Agreement, which shall include, but is not limited to, your
ongoing obligations to: (i) supply us with information we feel we need to assess your financial condition; (ii) pay amounts due
and payable either under this Agreement or the Security Instrument; (iii) protect our security interest in the Property; (w)
maintain the Property as your dwelling and the priority of the lien of the Security Instrument; and (v) maintain insurance
covering the Property;
(d) A governmental action prevents us from imposing the ANNUAL PERCENTAGE RATE provided for in this
Agreement;
(e) The action of a governmental body adversely affects our security interest to the extent that the value of the security
interest is less than one hundred twenty percent (1209x') of the Account;
(f) The ANNUAL PERCENTAGE RATE (corresponding to a daily periodic rate) reaches the maximum rate allowed
under this Agreement; or
(g) A regulatory agency has notified us that continued advan ces would constitute an unsafe and unsound practice.
If we reduce your Credit Limit or suspend your right to receive additional advances, we will send you notice of our
decision. If we based our decision to suspend or reduce your credit privileges on an assessment of your financial condition or
performance under this Agreement, and you believe that your situation has changed, you must request that we re- evaluate your
situation, and reinstate your credit privileges by sending such written request to us at the address listed above. To the extent
permitted by applicable law, we will assess reasonable appraisal and credit report fees that we have incurred in connection with
an investigation of whether the condition(s) permitting the suspension or reduction continues to exist.
20. Joint and Several Liability; Termination of Account If your Account is jointly held, any one of you has the
authority, without the consent or knowledge of the other(s), to take any action or to give or receive any notice contemplated by
this Agreement In addition, any notice given by us to one of you shall be effective as to all of you. In any event, each of you
will be legally responsible for payment of the total amount of your Account balance and applicable charges, regardless of any
divorce, legal separation or other legal proceedings. Any of you may request that we suspend credit privileges with respect to
this Account and disclaim liability for future advances by sending us a written notice of your request. Subject to applicable law,
this request will become effective after we have a reasonable opportunity to act upon your request, but no later than two (2)
business days after we receive your notice.
21. Financial and Credit Information. You will promptly provide us with personal financial information, including a
financial statement, if we should request it for the purpose of reviewing your Account or updating your credit file. We may
request such information from time to time, whether we have reason to believe that there are any problems with your Account
or with your creditworthiness. Any advances or transfers made under the Account are made in reliance upon the information
that you provide us, which you represent and warrant to us is true and accurate as of the date such information is given.
22. Governing Law and Enforceability. This Agreement will be governed by the laws of the jurisdiction in which
Property is located, except to the extent federal law applies. If any part of this Agreement is determined to be invalid, then we
may enforce the remainder of this Agreement as if the invalid provision did not exist.
23. Notices. We will mail statements and notices to you at the address set forth above. You must notify us in writing of
any change in your name, address, or place of employment. You may send written notices to us at the address set forth above or
at such other address that we designate in writing.
PA
Bankers systems, Inc., St. Cloud. MN KOHN Page 5 of 6 A (7- 16 -96) JC- 23399 -25
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t 24. Representations and unties.
(a) You represent and warrant to us that the information contained in the loan application, in each material respect, was
true at the time the loan application was completed.
(b) You represent and warrant to us that the terms of any existing deed of trust or mortgage on the Property permit us
to enter into this Agreement and that the loans secured by such existing deed of trust or mortgage are current in all material
respects and are not in default
25. Tax Implications. You should consult a tax advisor regarding the deductibility of interest, charges, and fees under
Agreement.
26. Billing Errors. Your rights and responsibilities with regard to billing errors are explained in a separate document
under the heading "YOUR BILLING RIGHTS," which accompanies this Agreement.
27. Loan Charges. If the Account is subject to a Iaw which sets maximum loan charges, and that law is finally
interpreted so that the interest or other charges collected, or to be collected, in connection with the Account exceeds the
permitted limits, then: (i) any such charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and,(ii) any sums already collected from you which exceeded permitted limits shall be refunded to you. We shall refund such
excess either by reducing the principal owed under the Account or by making a direct payment to you. If we apply the excess
toward reducing the principal balance, such reduction shall be treated as a partial prepayment without a prepayment charge as
may be authorized hereunder.
28. Assigns. This Agreement shall be binding upon you and each of your heirs, executors, administrators, successors
and assigns, subject to the limitations on selling, transferring or otherwise conveying the Property contained in this Agreement
and the Security Instrument.
29. Waivers. You waive the rights to presentment for payment, demand, protest, and notice of dishonor, protest, and
nonpayment of this Agreement.
By executing this Agreement, you acknowledge that you have read this Agreement and that you agree to its term and
conditions. You also acknowledge that each person owning an interest in the Property has received a copy of this Agreement
and two copies of the Notice of Right to Cancel, if applicable.
C::1 (Seal)
JACK J KOHN - Borrower
(Seal)
BA ARAM KOHN - Borrower
Pay to the Order of (Seal) Bankers Trust company of California N.A.
ss custodian or trustee without recourse - Borrower
Adnanta NationalBanc
4 `"' Seal )
Kirk N, Hobson„ vin President (
- Borrower
(Sign Original Only)
PA
Bankers Systems. Inc.. St. Cloud. MN KOHN Page 6 of 6 (7- 16 -96) 7C- 23399 -26
Y
Ja
NOTE ALLONGE
THIS ENDORSEMENT IS INCORPORATED INTO AND SHALL BE DEEMED PART OF
THE NOTE TO WHICH IT IS ATTACHED.
Borrower's Name : JACK J KOHN
Note Amount $30,569.03
Property Address: 150 BLAIN MCCREA ROAD
NEWVILLE,PA 17241
Loan Number
AltLnNo / InvNo / HL44048AA
PAY TO THE ORDER OF:
CHASE HOME FINANCE LLC
WITHOUT RECOURSE Deutsche Bank National Trust Company
BY: F /K.A Bankers Trust Company of California.
N.A. As Custodian Or Trustee By: Chase
Home Finance LLC SBM To Chase
Manhattan Mortgage Corporation As
Attorney -ln -Fact
8111 Koch, Vice presidllni
ALLONGE CORDOAN 5/05/2006
Chase (FL5 -7734) CHASE ! i
P.O. Box 44090
Jacksonville, FL 32231 -4090
March 11, 2013
CERTIFIED MAIL: Return Receipt Requested and First Class Mail
00000615 HDLO ZB 7013 -BR860
BARBARA M KOHN
117 WASHINGTON AVE
WILLIAMSTOWN, NJ 08094 -1817
Act 91 Notice
Account: 4 (the "Loan ")
Property Address: 150 BLAIN MCCREA RD
NEWVILLE, PA 17241 (the "Property ")
Dear BARBARA M KOHN:
On the following page, you will find a notice regarding your home as required by Pennsylvania law.
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ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official Notice that the mortgage on your home is in default, and t he l ender
intends to foreclose Specific information about the nature of the default is Pro vided in
the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
( HEMAP) may be able to help to save your home. This Notice explains how the
program works To see if HEMAP can help, you must MEET WITH A CONSU
CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE
DATE OF THIS NOTICE Take this Notice with you when you meet with the
Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agenc
serving your County are listed at the end of this Notice. If you have any questions, y ou
may call the Pennsylvania Housing Finance Agency toll -free at 800- 342 -2397. (Pe rsons
with impaired hearing can call 717 - 780 - 1869.1
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney in your area. The local bar association
may be able to help you find a lawyer.
LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES
AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA
TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR
EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): JACK J KOHN
BARBARA M KOHN
PROPERTY ADDRESS: 150 BLAIN MCCREA RD
NEWVILLE, PA 17241
LOAN ACCOUNT NUMBER: 1.
ORIGINAL LENDER: ADVANTA NATIONAL BANK
CURRENT LENDER/SERVICER: JPMorgan Chase Bank, N.A.
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HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing).
During that time, you must arrange and attend a "face -to- face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN
THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE,
THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ",
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE,
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names addresses and telephone numbers of designated consumer
credit counseling agencies for the county in which the property is located are set forth at the end of this Notice
It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default). You
have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this Notice.
Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the
lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within
thirty (30) days of your face -to -face meeting with the counseling agency.
YO U SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HA VE A
MEETING WITH COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE
POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN
THIRTY (3 0) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FR OM S TA R TING A FORE CL OS URE A C TION A GA INS T YOUR PROPERTY, AS
EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. "
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME
PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, BUT IF YOUR A PPLICA TION IS E VENTUA LL Y A PPR 0 VED AT ANY
TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
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AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above.
You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN.
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to
date).
NATURE OF THE DEFAULT -- The mortgage debt held by the above lender on your property located at:
150 BLAIN MCCREA RD, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
09/18/2012 $243.76
10/18/2012 $243.76
11/18/2012 $243.76
12/18/2012 $243.76
01/18/2013 $243.76
02/18/2013 $243.76
Other charges:
Late Charges: $134.09
Insufficient Funds (NSF) Fees: $0.00
Other Fees: $0.00
Advances: $1,123.82
Amount Held in Suspense: $0.00
TOTAL AMOUNT PAST DUE: $2,720.47
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$2,720.47, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) -DAY PERIOD. Payments must be made by cash, cashier's check, certified
check or money order made payable and sent to
Overnight/Regular Mail: Chase
Mail Code: 0114 -7133
3415 Vision Drive
Columbus, OH 43219 -6009
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means
that the entire outstanding balance of this debt will be considered due immediately and you may lose the
�,
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made
within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose
upon your mortgaged property
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have
to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's
fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von
cure the default within the THIRTY (30) -DAY period you will not be required to p attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) -DAY period and foreclosure proceedings have begun, you still have the right to cure
the default and prevent the sale at any up to one hour before the Sheriff's Sale. You may do so by paving
the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specif in
writing by the lender, and by performing any other requirements under the mortgage Curing your default in
the manner set forth in this Notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately five to six (5 to 6) months
from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at
any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER
Name of Lender: Chase
Address: Mail Code: 0114 -7384
3415 Vision Drive
Columbus, OH 43219
Telephone Number: 800 - 848 -9380
Fax Number: 614 - 5004605
Contact Person: Bruno Mejia
E -mail Address: state.programs.intake @jpmchase.com
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,
a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You X may or may not sell or transfer your home to a
buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges,
and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage
are satisfied.
YOU MAY ALSO HAVE THE RIGHT
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
.,
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND COUNTY
Advantage Credit Counseling Service /CCCS of 888 - 511 -2227 2000 Linglestown Road Harrisburg 17102
Western PA
Community Action Commission of Capital 717 - 232 -9757 1514 Derry Street Harrisburg 17104
Region
Housing Alliance of York/Y Housing Resources 717 - 855 -2752 290 West Market Street York 17401
Maranatha 717- 762 -3285 43 Philadelphia Avenue Waynesboro 17268
Pennsylvania Interfaith Community Programs, 717 -334 -1518 40 E. High Street Gettysburg 17325
Inc.
PHFA 717 - 780 -3940 211 North Front Street Harrisburg 17110
800 -342 -2397
Rev. 10/12
FM646
r
We are attempting to collect a debt, and any information obtained will be used for that purpose.
If you are represented by an attorney, please refer this letter to your attorney and provide us with the
attorney's name, address, and telephone number.
To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy
under Title 11 of the United States Code, this notice is for compliance and/or informational purposes
only and does not constitute an attempt to collect a debt or to impose personal liability for such
obligation. However, a secured party retains rights under its security instrument, including the right to
foreclose its lien.
IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS
If you are or recently were on active duty or active service, you may be eligible for benefits and protections
under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or
eviction. You may also be eligible for benefits and protections under state law. SCRA and state Military
benefits and protections also may be available if you are the dependent of an eligible Servicemember.
Eligible service may include:
Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or
Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or
Active service as a commissioned officer of the Public Health Service, or
Service with the forces of a nation with which the United States is allied in a war or Military action,
or
Service with the National Guard of a state militia under a state call of duty, or
Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause.
For more information, please call Chase Military Services at 877 - 469 -0110.
AN IMPORTANT REMINDER FOR ALL OUR CUSTOMERS
As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability
Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts
to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in
advance." Loan modification scams should be reported to PreventLoanScams.org, or by calling
888 - 995 -HOPE; 888 - 995 -4673. We offer loan modification assistance free of charge (i.e., no modification fee
required). Please call us immediately at 866 -550 -5705 to discuss your options. The longer you delay, the
fewer options you may have.
BR860
Chase (FL5 -7734) CHASE
P.O. Box 44090
Jacksonville, FL 32231 -4090
7190 1075 4460 1968 8303
March 11, 2013
00000616 HDLO CC 7013 -BR860
JACK J KOHN
150 BLAIN MCCREA RD
NEWVILLE, PA 17241
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Chase (FL5 -7734) CHASE ! 1
P.O. Box 44090
Jacksonville, FL 32231 -4090
7190 1075 4460 1968 8303
March 11, 2013
CERTIFIED MAIL: Return Receipt Requested and First Class Mail
00000616 HDLO CC 7013 -BR660
JACK J KOHN
150 BLAIN MCCREA RD
NEWVILLE, PA 17241
Act 91 Notice
Account: "Loan ")
Property Address: 150 BLAIN MCCREA RD
NEWVILLE, PA 17241 (the "Property")
Dear JACK J KOHN:
On the following page, you will find a notice regarding your home as required by Pennsylvania law.
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official Notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
( HEMAP) may be able to help to save your home. This Notice explains how the
program works. To see if HEMAP can help, you must MEET WITH A CONSUMER
CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE
DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any questions, you
may call the Pennsylvania Housing Finance Agency toll -free at 800 - 342 -2397. (Persons
with impaired hearing can call 717- 780 - 1869.)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney in your area. The local bar association
may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES
AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR
EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): JACK J KOHN
BARBARA M KOHN
PROPERTY ADDRESS: 150 BLAIN MCCREA RD
NEWVILLE. PA 17241
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER: ADVANTA NATIONAL BANK
CURRENT LENDER/SERVICER: JPMorgan Chase Bank, N.A.
•.
'�� l ....
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU.COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing).
During that time, you must arrange and attend a "face -to- face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN
THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE.
THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ",
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE,
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names addresses and telephone numbers of designated consumer
credit counseling agencies for the county in which the property is located are set forth at the end of this Notice
It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default). You
have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this Notice.
Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the
lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within
thirty (30) days of your face -to -face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A
MEETING WITH A COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE
POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN
THIRTY (3 0) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FR OM S TA R TING A FORE CL OS URE A C TION A GA INS T YOUR PROPERTY, AS
EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE."
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME
PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY
TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
J
1 ,
i
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above.
You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY. PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to
date).
NATURE OF THE DEFAULT -- The mortgage debt held by the above lender on your property located at:
150 BLAIN MCCREA RD, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
09/18/2012 $243.76
10/18/2012 $243.76
11/18/2012 $243.76
12/18/2012 $243.76
01/18/2013 $243.76
02/18/2013 $243.76
Other charges:
Late Charges: $134.09
Insufficient Funds (NSF) Fees: $0.00
Other Fees: $0.00
Advances: $1,123.82
Amount Held in Suspense: $0.00
TOTAL AMOUNT PAST DUE: $2,720.47
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$2,720.47, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) -DAY PERIOD. Payments must be made by cash cashier's check, certified
check or money order made payable and sent to
Overnight/Regular Mail: Chase
Mail Code: OH4 -7133
3415 Vision Drive
Columbus, OH 43219 -6009
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means
that the entire outstanding balance of this debt will be considered due immediately and you may lose the
\ ,.
f
J
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made
within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose
upon your mortgaged property
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have
to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's
fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you
cure the default within the THIRTY (30) -DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) -DAY period and foreclosure proceedings have begun, you still have the right to cure
the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying
the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs
connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in
writing by the lender, and by performing any other requirements under the mortgage Curing your default in
the manner set forth in this Notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately five to six (5 to 6) months
from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at
any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER
Name of Lender: Chase
Address: Mail Code: OH4 -7384
3415 Vision Drive
Columbus, 01143219
Telephone Number: 800 - 848 -9380
Fax Number: 614 - 5004605
Contact Person: Bruno Mejia
E -mail Address: state.programs.intake @jpmchase.com
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,
a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You X may or may not sell or transfer your home to a
.buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges,
and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage
are satisfied.
YOU MAY ALSO HAVE THE RIGHT
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
}
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND COUNTY
Advantage Credit Counseling Service /CCCS of 888 -511 -2227 2000 Linglestown Road Harrisburg 17102
Western PA
Community Action Commission of Capital 717 - 232 -9757 1514 Derry Street Harrisburg 17104
Region
Housing Alliance of York/Y Housing Resources 717 - 855 -2752 290 West Market Street York 17401
Maranatha 717 - 762 -3285 43 Philadelphia Avenue Waynesboro 17268
Pennsylvania Interfaith Community Programs, 717 - 334 -1518 40 E. High Street Gettysburg 17325
Inc.
PHFA 717 - 780 -3940 211 North Front Street Harrisburg 17110
800 -342 -2397
Rev. 10/12
FM646
\ J
I
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r
We are attempting to collect a debt, and any information obtained will be used for that purpose.
If you are represented by an attorney, please refer this letter to your attorney and provide us with the
attorney's name, address, and telephone number.
To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy
under Title 11 of the United States Code, this notice is for compliance and /or informational purposes
only and does not constitute an attempt to collect a debt or to impose personal liability for such
obligation. However, a secured party retains rights under its security instrument, including the right to
foreclose its lien.
IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS
If you are or recently were on active duty or active service, you may be eligible for benefits and protections
under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or
eviction. You may also be eligible for benefits and protections under state law. SCRA and state Military
benefits and protections also may be available if you are the dependent of an eligible Servicemember.
Eligible service may include:
Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or
Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or
Active service as a commissioned officer of the Public Health Service, or
Service with the forces of a nation with which the United States is allied in a war or Military action,
or
Service with the National Guard of a state militia under a state call of duty, or
Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause.
For more information, please call Chase Military Services at 877 - 469 -0110.
AN IMPORTANT REMINDER FOR ALL OUR CUSTOMERS
As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability
Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts
to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in
advance." Loan modification scams should be reported to PreventLoanScams.org, or by calling
888- 995 -HOPE; 888 - 995 -4673. We offer loan modification assistance free of charge (i.e., no modification fee
required). Please call us immediately at 866 -550 -5705 to discuss your options. The longer you delay, the
fewer options you may have.
BR860
i
' - '
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Chase (FL5 -7734) CHAS E ! 1
P.O. Box 44090
Jacksonville, FL 32231 -4090
7190 1075 4460 1968 8297
March 11, 2013
00000617 HDLO CC 7013 -BR860
JACK J KOHN
117 WASHINGTON AVE
WILLIAMSTOWN, NJ 08094 -1817
Chase (FL5 -7734) CHASE
P.O. Box 44090
Jacksonville, FL 32231 -4090
7190 1075 4460 1968 8297
March 11, 2013
CERTIFIED MAIL: Return Receipt Requested and First Class Mail
00000617 HDLO CC 7013 -BR860
JACK J KOHN
117 WASHINGTON AVE
WILLIAMSTOWN, NJ 08094 -1817
Act 91 Notice
Account: the "Load')
Property Address: 150 BLAIN MCCREA RD
NEWVILLE, PA 17241 (the "Property")
Dear JACK J KOHN:
On the following page, you will find a notice regarding your home as required by Pennsylvania law.
,.
.�,;
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official Notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
(HEMAP) may be able to help to save your home. This Notice explains how the
program works To see if HEMAP can help, you must MEET WITH A CONSUMER
CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE
DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any questions, you
may call the Pennsylvania Housing Finance Agency toll -free at 800 - 342 -2397. (Persons
with impaired hearing can call 717- 780 - 1869.)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney in your area. The local bar association
may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES
AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR
EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): JACK J KOHN
BARBARA M KOHN
PROPERTY ADDRESS: 150 BLAIN MCCREA RD
NEWVILLE, PA 17241
LOAN ACCOUNT NUMBER:
ORIGINAL. LENDER: ADVANTA NATIONAL BANK
CURRENT LENDER/SERVICER: JPMorgan Chase Bank, N.A.
' ,
,.
�..
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing).
During that time, you must arrange and attend a "face -to- face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN
THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE,
THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ",
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names addresses and telephone numbers of designated consumer
credit counseling agencies for the county in which the property is located are set forth at the end of this Notice
It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default). You
have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this Notice.
Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the
lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within
thirty (30) days of your face -to -face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A
MEETING WITH COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE
POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN
THIRTY (3 0) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS
EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. "
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME
PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, B UT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY
TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
,.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above.
You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application:
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to
date).
NATURE OF THE DEFAULT -- The mortgage debt held by the above lender on your property located at:
150 BLAIN MCCREA RD, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
09/18/2012 $243.76
10/18/2012 $243.76
11/18/2012 $243.76
12/18/2012 $243.76
01/18/2013 $243.76
02/18/2013 $243.76
Other charges:
Late Charges:. $134.09
Insufficient Funds (NSF) Fees: $0.00
Other Fees: $0.00
Advances: $1,123.82
Amount Held in Suspense: $0.00
TOTAL AMOUNT PAST DUE: $2,720.47
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$2,720.47, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) -DAY PERIOD. Payments must be made by cash cashier's check, certified
check or money order made payable and sent to
Overnight/Regular Mail: Chase
Mail Code: OH4 -7133
3415 Vision Drive
Columbus, OH 43219 -6009
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means
that the entire outstanding balance of this debt will be considered due immediately and you may lose the
1
i
4
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made
within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose
upon your mortgaged property
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have
to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's
fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you
cure the default within the THIRTY (30) -DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) -DAY period and foreclosure proceedings have begun, you still have the right to cure
the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving
the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in
writing by the lender, and by performing any other requirements under the mortgage Curing your default in
the manner set forth in this Notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - -. It is estimated that the earliest date that such a
Sheriff s Sale of the mortgaged property could be held would be approximately five to six (5 to 6) months
from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at
any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER
Name of Lender: Chase
Address: Mail Code: 0114 -7384
3415 Vision Drive
Columbus, 01143219
Telephone Number: 800- 848 -9380
Fax Number: 614 - 5004605
Contact Person: Bruno Mejia
E -mail Address: state.programs.intake @jpmchase.com
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,
a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You X may or may not sell or transfer your home to a
buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges,
and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage
are satisfied.
YOU MAY ALSO HAVE THE RIGHT
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
__ _ J ..
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
� '
�.�
1
t
r
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND COUNTY
Advantage Credit Counseling Service /CCCS of 888 - 511 -2227 2000 Linglestown Road Harrisburg 17102
Western PA
Community Action Commission of Capital 717 - 232 -9757 1514 Derry Street Harrisburg 17104
Region
Housing Alliance of York/Y Housing Resources 717 - 855 -2752 290 West Market Street York 17401
Maranatha 717 - 762 -3285 43 Philadelphia Avenue Waynesboro 17268
Pennsylvania Interfaith Community Programs, 717 - 334 -1518 40 E. High Street Gettysburg 17325
Inc.
PHFA 717- 780 -3940 211 North Front Street Harrisburg 17110
800 -342 -2397
Rev. 10/12
FM646
rz Y
f
v
` '
We are attempting to collect a debt, and any information obtained will be used for that purpose.
If you are represented by an attorney, please refer this letter to your attorney and provide us with the
attorney's name, address, and telephone number.
To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy
under Title 11 of the United States Code, this notice is for compliance and/or informational purposes
only and does not constitute an attempt to collect a debt or to impose personal liability for such
obligation. However, a secured party retains rights under its security instrument, including the right to
foreclose its lien.
IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS
If you are or recently were on active duty or active service, you may be eligible for benefits and protections
under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or
eviction. You may also be eligible for benefits and protections under state law. SCRA and state Military
benefits and protections also may available if you are the dependent of an eligible Servicemember.
Eligible service may include:
Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or
Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or
Active service as a commissioned officer of the Public Health Service, or
Service with the forces of a nation with which the United States is allied in a war or Military action,
or
Service with the National Guard of a state militia under a state call of duty, or
Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause.
For more information, please call Chase Military Services at 877 - 469 -0110.
AN IMPORTANT REMINDER FOR ALL OUR CUSTOMERS
As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability
Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts
to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in
advance." Loan modification scams should be reported to PreventLoanScams.org, or by calling
888 - 995 -HOPE; 888 - 995 -4673. We offer loan modification assistance free of charge (i.e., no modification fee
required). Please call us immediately at 866 -550 -5705 to discuss your options. The longer you delay, the
fewer options you may have.
BR860
Chase (FL5-7734) CHASE ! i
P.O. Box 44090
Jacksonville, FL 32231 -4090
March 11, 2013
CERTIFIED MAIL: Return Receipt Requested and First Class Mail
00000619 HDLO 7B 7013 -BR860
BARBARA M KOHN
150 BLAIN MCCREA RD
NEWVILLE, PA 17241
Act 91 Notice
Account: (the "Loan ")
_Property Address: 150 BLAIN MCCREA RD
NEWVILLE, PA 17241 (the "Property")
Dear BARBARA M KOHN:
On the following page, you will find a notice regarding your home as required by Pennsylvania law.
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official Notice that the mortgage on your home is in default, and the lender
intends to foreclose Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
( HEMAP) may be able to help to save your home. This Notice explains how the
program works To see if HEMAP can help, you must MEET WITH A CONSUMER
CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE
DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies
serving your County are listed at the end of this Notice. If you have any questions, you
may call the Pennsylvania Housing Finance Agency toll -free at 800 - 342 -2397. (Persons
with impaired hearing can call 717- 780 - 1869.)
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney m your area. The local bar association
may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES
AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR
EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): JACK J KOHN
BARBARA M KOHN
PROPERTY ADDRESS: 150 BLAIN MCCREA RD
NEW VILT .F Pk 17241
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER: ADVANTA NATIONAL BANK
CURRENT LENDER/SERVICER: JPMorgan Chase Bank, N.A.
,�,
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing).
During that time, you must arrange and attend a "face -to- face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN
THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE,
THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE,
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names addresses and telephone numbers of designated consumer
credit counseling agencies for the county in which the property is located are set forth at the end of this Notice
It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default). You
have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this Notice.
Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the
lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within
thirty (30) days of your face -to -face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HA VE A
MEETING WITH COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE
POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN
THIRTY (3 0) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY
PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS
EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. "
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME
PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FR OM STAR TING A
FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS E VENTUALL Y APPRO VED AT ANY
TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
;.
�.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application.. During that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above.
You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to
date).
NATURE OF THE DEFAULT -- The mortgage debt held by the above lender on your property located at:
150 BLAIN MCCREA RD, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
09/18/2012 $243.76
10/18/2012 $243.76
11/18/2012 $243.76
12/18/2012 $243.76
01/18/2013 $243.76
02/18/2013 $243.76
Other charges:
Late Charges: $134.09
Insufficient Funds (NSF) Fees: $0.00
Other Fees: $0.00
Advances: $1,123.82
Amount Held in Suspense: $0.00
TOTAL AMOUNT PAST DUE: $2,720.47
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$2,720.47, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) -DAY PERIOD. Payments must be made by cash cashier's check, certified
check or money order made payable and sent to
Overnight/Regular Mail: Chase
Mail Code: OH4 -7133
3415 Vision Drive
Columbus, OH 43219 -6009
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means
that the entire outstanding balance of this debt will be considered due immediately and you may lose the
i o
chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made
within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose
upon your mortgaged property
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have
to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's
fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you
cure the default within the THIRTY (30) -DAY period you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) -DAY period and foreclosure proceedings have begun, you still have the right to cure
the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying
the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs
connected with the foreclosure sale and another costs connected with the Sheriff's Sale as specified in
writing by the lender, and by performingaany other requirements under the mortgage Curing your default in
the manner set forth in this Notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately five to six (5 to 6) months
from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at
any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER
Name of Lender: Chase
Address: Mail Code: OH4 -7384
3415 Vision Drive
Columbus, OH 43219
Telephone Number: 800 - 848 -9380
Fax Number: 614 - 5004605
Contact Person: Bruno Mejia
E -mail Address: state.programs.intake @jpmchase.com
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,
a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You X may or may not sell or transfer your home to a
buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges,
and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage
are satisfied.
YOU MAY ALSO HAVE THE RIGHT
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
_ __ _
— n
i
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b
3
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
__
,'
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND COUNTY
Advantage Credit Counseling Service /CCCS of 888 - 511 -2227 2000 Linglestown Road Harrisburg 17102
Western PA
Community Action Commission of Capital 717 - 232 -9757 1514 Derry Street Harrisburg 17104
Re ion
Housing Alliance of York/Y Housing Resources 717 - 855 -2752 290 West Market Street York 17401
Maranatha 717 - 762 -3285 43 Philadelphia Avenue Waynesboro 17268
Pennsylvania Interfaith Community Programs, 717 -334 -1518 40 E. High Street Gettysburg 17325
Inc.
PHFA 717 - 780 -3940 211 North Front Street Harrisburg 17110
800 -342 -2397
Rev. 10/12
FM646
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9
We are attempting to collect a debt, and any information obtained will be used for that purpose.
If you are represented by an attorney, please refer this letter to your attorney and provide us with the
attorney's name, address, and telephone number.
To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy
under Title 11 of the United States Code, this notice is for compliance and/or informational purposes
only and does not constitute an attempt to collect a debt or to impose personal liability for such
obligation. However, a secured party retains rights under its security instrument, including the right to
foreclose its lien.
IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS
If you are or recently were on active duty or active service, you may be eligible for benefits and protections
under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or
eviction. You may also be eligible for benefits and protections under state law. SCRA and state Military
benefits and protections also may be available if you are the dependent of an eligible Servicemember.
Eligible service may include:
Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or
Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or
Active service as a commissioned officer of the Public Health Service, or
Service with the forces of a nation with which the United States is allied in a war or Military action,
or
Service with the National Guard of a state militia under a state call of duty, or
Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause.
For more information, please call Chase Military Services at 877 - 469 -0110.
AN IMPORTANT REMINDER FOR ALL OUR CUSTOMERS
As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability
Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts
to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in
advance." Loan modification scams should be reported to PreventLoanScams.org, or by calling
888 - 995 -HOPE; 888 - 995 -4673. We offer loan modification assistance free of charge (i.e., no modification fee
required). Please call us immediately at 866 -550 -5705 to discuss your options. The longer you delay, the
fewer options you may have.
BR860
of !"
VERIFICATION
Vice President
N� hereby tates that h
Y sh is
of JPMorgan Chase Bank, N.A., in this matter and is authorized to make this Verification.
The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are
true and correct to the best of hi er nowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Name:
DATE: Q!)-a 1 1 Title:
Company: JPMorgan Chase Bank, N.A.
S & D FILE NO: 13- 043138
Jack J. Kohn and Barbara M. Kohn
II
;i
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,_
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FORM I
IN THE COURT OF COMMON PLEAS OF
JPMorgan Chase Bank, National Association Chase ; CUMBERLAND COUNTY,
Home Finance LLC successor by merger to Chase ; PENNSYLVANIA
Manhattan Mortgage Corporation
Plaintiff(s)
VS. �=
Jack J. Kohn
117 Washington Avenue''
�9
Williamstown, NJ 08094
Barbara M Kohn y c =
117 Washington Avenue = cZ- ';
Williamstown, NJ 08094 > "
DEFENDANTS 1 . 3) Nil
Defendants) / C! lei
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 filed with the
Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your
lender in an attempt to work out reasonable arrangements with your lender before the mortgage
foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal representative. However, you must provide your. lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
.. , , -:
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___
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:
SHAPIRO & DeNARDO, LLC
Date A orneys r Pl tiff
},
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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:
CUST
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household How Long?
C O-BOR R O WER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household How Long?
FIN ANCIAL •' •
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.
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
MonthlExpenses (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortage Food
2 Mortgage Utilities
Car Payments Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other prop. Payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Day /Child Care /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes 0 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:
AUTH ORIZATIO N
I /We, , authorize the above
named to use /refer this information to my lender /servicer for the sole
purpose of evaluating m financial situation for possible mortgage options. I /We
understand that I /We am/are under no obligation to use the services provided by the
above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and
lender's counsel:
Proof of income
Past 2 bank statements
Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting
documentation
(hardship letter)
Listing agreement (if property is currently on the market)
FORM 3
IN THE COURT OF COMMON PLEAS OF
JPMorgan Chase Bank, National Association Chase CUMBERLAND COUNTY, PENNSYLVANIA
Home Finance LLC successor by merger to Chase
Manhattan Mortgage Corporation
Plaintiff(s)
vS.
Jack J. Kohn
117 Washington Avenue
Williamstown, NJ 08094
Barbara M Kohn
117 Washington Avenue
Williamstown, NJ 08094
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
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
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 (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the plaintiff /lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendantiborrower. 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.
i
,.
1
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t
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff /lender must
either attend the Conciliation Conference in person or be available by telephone during
the course of the Conciliation Conference. The representative of the plaintiff /lender
who participates in the Conciliation Conference must possess the actual authority to
reach a mutually acceptable resolution, and counsel for the plaintiff /lender must
discuss resolution proposals with the authorized representative in advance of the
Conciliation Conference. If the duly authorized representative of the plaintiff /lender is
not available by telephone during the Conciliation Conference, the Court will schedule
another Conciliation Conference and require the personal attendance of the authorized
representative of the plaintiff/lender at the rescheduled Conciliation Conference.
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT
J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff(s)
VS.
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,
you may be able to participate in 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 filed with the
Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your
lender in an attempt to work out reasonable arrangements with your lender before the mortgage
foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds
forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND
TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
A 1f)L_"'X
Date [Sig6tureddounsel or Plaintiff)
I
u iii iiu numoiiuiimim iuu ui iu iui 111 11 11 111111111111 11 1 11111111111111111 11111111 1111111111111111111111111111111111111111111111111111111 IIIIIIIIIII 13111 111
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:
STOMER/PRI MARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household How Long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household How Long?
FINANCIAL INFORMATION
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
1
Assets Amount Owed Value
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Y
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.
2.
3.
Additional Income Description (not wages):
1 • monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Ex enses: Please only include expenses vou are currentl a in
EXPENSE AMOUNT EXPENSE AMOUNT
Mortage Food
2 Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other prop. Payment
Install. Loan Payment Cable TV
Child Sup ort/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:
AUTHORIZATION
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:
Proof of income
Past 2 bank statements
Proof of any expected income for the last 45 days
Copy'of a current utility bill
Letter explaining reason for delinquency and any supporting documentation
(hardship letter)
Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson f . L-f:f
Sheriff 'S Trir PhOiN N 1:, i
Jody S Smith ur'a s
Chief Deputy N13 JUN 14 AM 8: 59
Richard W Stewart CUMBERLAND CDUNTY
Solicitor PENNSYLVANIA
JPMcrgan Chase Bank, National Association
vs. Case Number
Jack J Kohn(et al.) 2013-3074
SHERIFF'S RETURN OF SERVICE
06/05/2013 Ronny R Anderson. Sheriff, being duly sweet 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 Notice of Residential Mortgage Foreclosure Diversion
Program and Complaint in Mortgage Foreclosure as"Not Found"at 150 Blain McCrea Road, Lower
Mifflin, Newville, PA 17241. No occupants were found to be resideing at this address.
06/0512013 Sheriff Ronny R Anderson, being duly sworn according to law states he made diligent search and inquiry
for the within named Defendant to wit. Barbara Kohn, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 150 Blain McCrea Road,
Lower Mifflin, Newville,PA 17241.
No one was found at the residence to serve deputies were informed by the neighbor that this is a
"summer"home only for the defendants and that they reside at 117 Washington Avenue,Williamstown,
NJ 08094.
06/06/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit: Jack J Kohn, but was unable to locate the Defendant in his
bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as"Not Sewed"at 150 Blain McCrea Road,
Lower Mifflin, Newville, PA 17241. No one was found at the residence to serve, deputies were informed
by the neighbor that this is a "summer'home only for the defendants and that they reside at 117
Washington Avenue, Williamstown, NJ 08094.
SHERIFF COST: $72.56 SO ANSWERS,
June 06, 2013 RONNY R AND , SHERIFF
235 SOUTH 13TH STREET =', s
&RPHILADELPHIA, PA 19107 NA ps
PHONE: (215)546-7400
FAX: (215)985-0169
8ervlce�for Profeuloaals Inc. National Association of Philadelphia Association
Professional Process Servers of Professional Process Servers
JPMorgan Chase Bank., et al COURT Court of Common Pleas of Pennsylvania
-vs- ,
COUNTY Cumberland County
Jack J. Kohn and Barbara M. Kohn CASE NUMBER 13-3074
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA: B&R Control# CS103342-1
COUNTY OF PHILADELPHIA: Reference Number 13-043138
SERVICE INFORMATION
On 10 day of June,2013 we received the
Mortgage Foreclosure Complaint
for service upon Jack J. Kohn r�
at 117 Washington Avenue Williamstown, NJ 08094
***Special Instructions
AAA
Served Date C � Ti : ' "�Accepted By:
In the anner described below.
In
served.
Adult family member. Relationship is
Adult in charge of residence who refused to give name and/or relationship.
Manager/Clerk of place of residence lodging
Agent or person in charge of office or usual place of business
Other
l�
Description of Person Age _ Height S r� Weight j/ Ra`c/e_ U,(l�_91 Sex
Other
QNot Served Date Time
Not Served Information
F__] Moved 0 Unknown No Answer F-1 Vacant F_� Other
The Process Server, being duly sworn, Sworn to and subscribed before me this
deposes and says that the facts set forth /) G T-
herein are true and correct to the best of their 'o-6 day of
knowledge, information and belief.
Process Server/Sheriff ` Notary P
Ji NiFER LYNN NILTWINE
Law Firm Phone (610)278-6800 Fo Notary Public
late of New Jersey
Christopher A. DeNardo, Esquire My Com ission Expires Oct 1$Sgj &By ate 7/1 3
Shapiro and DeNardo LLC ate 5/31/2013
3600 Horizon Drive
Suite 150
King of Prussia, PA 19406
ORIGINAL 161 D
235 SOUTH 13TH STREET
B&RPHILADELPHIA,PA 19107
PHONE: (215)546-7400
FAX:(215)985-0169
National Association of Philadelphia Association
Professional Process Servers of Professional Process Servers
JPMorgan Chase Bank., et al COURT Court of Common Pleas of Pennsylvania
-vs- COUNTY Cumberland County
Jack J. Kohn and Barbara M. Kohn CASE NUMBER 13-3074
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA: B&R Control# CS103342-2
COUNTY OF PHILADELPHIA: Reference Number 13-043138
SERVICE INFORMATION
On 10 day of June,2013 we received the
rr,
Mortgage Foreclosure Complaint =ryl C=
for service upon Barbara M. Kohn Wr-
at 117 Washington Avenue Williamstown,NJ 08094 > iv
C-.) E
Special Instructions
CD
X.–
r
EZServed Date W9a— Time L004% Accepted By:
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.
E] Manager/clerk of place of residence lodging
Agent or person in charge of office or usual place of business
Other
Description of Person Age Height 5 Weight Race &4k-IA-e— Sex
Other 7;Mlyllil !A �
F--j Not Served Date Time
Not Served Information
Moved Unknown No Answer, Vacant Other
The Process Server, being duly sworn, 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 day of
knowledge, information and belief.
Process Server/Sheriff Notary Pu ic
Law Firm Phone (610)278-6800 Fo jE?jjFER LYNN HILIWI"' Serve y Date 7/1 13P
Christopher A. DeNardo, Esquire ktary Public 0
Shapiro and DeNardo LLC Stale at New Jersey 0
Oct 18-2016 Fit Date 5/3(/2 3
Commis Horizon Drive My Comm .ion Expires t
Suite 150
King of Prussia, PA 19406
ORIGINAL 161 DEI