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HomeMy WebLinkAbout13-3560 Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: Cumberland County ) 3 The information collected on this form is used solely for court administration purposes. form does not supplement or replace the filing and service ofpleaciings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: JPMorgan Chase Bank, Lead Defendant's Name: Edgar E. Miller, Jr.; Tamera C National Association W. Miller T Dollar Amount Requested: within arbitration limits I Are money damages requested ?: ❑ Yes ® No (Check one) ® outside arbitration limits O 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 include Judgments) 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 C E] Other: E] Zoning Board T, El Other: I ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® 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 1. 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- 043268 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. J / 1 NO: Edgar E. Miller, Jr. 16 South Washington Street Mechanicsburg, PA 17055 11 Tamera W. Miller 4r 7 3 16 South Washington Street r— 77 Mechanicsburg, PA 17055 cam,; DEFENDANTS _ ter 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. S 35/ 4 Q�� a 010V k-# L1w%41L �4a9aas k c a 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. i NOTICIA LE RAN 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 $U 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- 043268 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: Edgar E. Miller, Jr. 16 South Washington Street Mechanicsburg, PA 17055 Tamera W. Miller 16 South Washington Street Mechanicsburg, PA 17055 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, JPMorgan Chase Bank, National Association, the address of which is, 3415 Vision Drive, Columbus, Ohio 43219, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage Mortgagee Mortgage Electronic Registration Systems, Inc., as nominee for New Day Financial, LLC, its successors and assigns Mortgagor (s) Edgar E. Miller, Jr. and Tamera W. Miller (b) Date of Mortgage January 17, 2008 (c) Place and Date of Record of Mortgage Recorder of Deeds Cumberland County Document ID# 200802670 Date: January 28, 2008 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: Mortgage Electronic Registration Systems, Inc., as nominee for New Day Financial, LLC, its successors and assigns Assignee: JPMorgan Chase Bank, National Association Date of Assignment: October 24, 2012 Recording Date: November 8, 2012 Instrument No.: 201234691 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 16 South Washington Street, Mechanicsburg, PA 17055 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: Edgar E. Miller, Jr., 16 South Washington Street, Mechanicsburg, PA 17055 and Tamera W. Miller, 16 South Washington Street, Mechanicsburg, PA 17055. 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 December 1, 2012 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of May 13, 2013: Principal Balance Due $111,333.76 Interest Currently Due and Owing at 7.5% $4,175.04 From November 1, 2012 through April 30, 2013 Late Charges $233.70 Escrow Advances $464.14 Property Inspection $56.00 Suspense/Unapplied Balance ($428.90) TOTAL $115,833.74 9. Interest will continue to accrue each day that the debt remains unpaid, subject to further adjustment as set forth in the underlying Mortgage and Note, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice of Intention to Foreclose with the information required pursuant to 41 P.S. § 403 commonly known as Act 6 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "C ". 12. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. § 1707- 1715z -18). Accordingly, the Homeowners' Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: 1� BY: Attorneys for Plain ' f S & D File No. 13- 043268 ROB RT P. ZMGLrER RECORDER .OF DEEDS CUMBERI A ND COUNTY I COURTHOUSE SQUARE CARLISLE, PA '17013. 717 -7 -6370 • Instrument Number - 200902670 Recorded On 1)28/2008. At 1.0:04:50 AM * Total Pages •- II * Insimment Typo - MORTGAGE - Invoice Number- 13228 User ID - KW * Mortgagor lYULLEII, .IEDGAR E JR . • Kortgagee - NEW DAY FINANCIAL LLC: • Customer - TSS LLC * FEES STATE WRIT TAX $0 CertifkRtian Page STATE.JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECOT oma FEES' •— $23.50 RECORDER OF: DEEDS.. AFFORDABLE' HOU'8I iG 5:iz.5o . Tlais is now part COUNTY AR CHMs. FPl $2. 00. of t his legal document. ROIL ARCHIVES FEE $3.00 TOTIM )SAID $50.50 I .Certify this to be recorded in- Cumberland County PA Q u RECORDER O D DS * - Information denoted by ari aslnrisk may cbange during the Verification process and may not be ref]oeted on this page, . ODOFY2 Fx �Il�l� lllllC�ll� fll� 70 L9C Prepared By: NEW DAY FINANCIAL, LLC (CompanYName1 DARCY ELW (Name ct Natural Person] 8171 "LI& LAWN RLVD.SUITE 300 (StreetAddress] :, . F'ULTON . MD 20759 (C #y, state zip C:odg] 877423 -1400 (Telephone Number) After recording please return to: I'SS, LLC (Company Nome] �lt�t jor72 .Mewc�o� (Name of Natural Parson) p O BOX 105.50 (sheet A;i"SS] .. . MC LEAN; .VA 22102 py, State Zfp.Code/ 240.204 - 1640 fretephone Number] UPI/PIN1Tax ID: 20 -23- 0557-047 (Space Above 7Ws We For Recording Date) � FHI n Cast No MORTGAGE Loan Nuni THIS MORTGAGE ("Security jmtrumenr is givon on JANUARY 17, 1008. The moftgagnr is EDGAR E: MIC:LEI2, JIt. AND TAXERA. W. MILLER MS WIFE FHA pentaylvat Security ilio jwent (Mt Modstfa) sago 1 of9 sis9iewevo2 ae+ o9ro5 ('Borrower'l. This Security instrument is given to NEW DAY FINANCIAL, LLC which Is organized and existing under the laws of DELAWARE , and whose address is 8171 MAPLE LAWN BLVD. STE 300 FULTON, MD 20759 ( "Treader")• Mortgage 131ectronic- Ptegistration System#, Inc. ("MFRS") is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MW is the mortgagee under this Security Instrument, MFRS is organizedi and existing under. the laws of Delaware, and has an, address and tolophone, number of P.O. Box 2©26 Flint. MI 48501 -2026, tel. (8$61679 -MW. Borrower owes Lender the priticipal sum of ONE HUNDRED SE VgMEN : THOUSAND THRLE I1UNDRED THMTY FOUR AND 00/100 Dollars (U.S. hich provides This debt is evidenoed by Borrower's note dated the same date as this Security Instrument ( "No te'), whic_rovides for monthly payments; with the full delft If not paid earlier, duc and payable on 1FUHRUARY 1, 2038, This Security Irixttument steures to Lander. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; .(b) rho payment of all other sums, with interest, advanced under Paragraph 7 to protect die, security of this Security Instrument; and (e) the performance of Borrower's covenants and agreements under this Security Instrument acid the Note. For this .purpose, Borrower dots hereby mortgage, grant and convey to ly=S (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of Iv MS the following described.property located in CUMBERLAND County, Pennsylvania: Sri,9 LEGAL DESCRIPTION ATTACIOD HE1t8TO AND MADE A PARS' HERE OF. which .cturently lids the address of 16. SOUTH WASMGTON STREET (Street] MECOANICSI3URG , Pennsylvania 11055 - 3770 ("Property Addrese : �ciry) [ZIP Coda] TOGETHM WITH all the improvements now or hereafter erected on the property, and all easements, app urter[anees, and fixtures now or hereaf or a part of the property. 'All .replacements and additions shall also be covered by this Security Instrument. All of the f'aregoing is refarred to in this Security Instrument as the "Property." Borrower understands mid agrees that MERS holds only legal tilde to the interests granted by Borrower in this Security Insinrsrt'ettt; but, if necessary to comply with Saw or oustont, MERS (as nominee for Lender and Lender's successors and amsigas) has.the fight: to exercise any or.all of those interests, including, but not limited to, the right to fomolosc and moll the Property; and to take any action required of Linder including, but not limited'to, releasing and oanoeling NS Secut* Tnstmment IiOltIibmim COVENAN'T'S that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and tsonveythe Property and that the Property. is unencumbered, except for enoutnbrances of record. Borrower Warrants and -..will defend generally tile. title . to the Propertyagainat all claims and demands, subject to any encumbrances of record. THIS S1;GU1tYfY INSTRUMENT combines uni6orul Covenants for national use and non-uniform covenants widt:llmited variations by jurisdiction to constitute a uniform security instritment real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows, FfIt4 Pennaylvueur 9eeudty InstrumWit (HERS a#oditta ) Page 2 of 9 swirn o s�,. t�os L Payment'of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. Z: Monthly Payment of Taxes; Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied. or to be, levied against the Property, (b) leasehold payments or ground rents on the Property, and (6) premiums for insurance required under Paragraph 4: In any year in which the Lender must pay a mortgage insurance premium to the SecreCtlt'yof Housing and "Urban, Development CSecretary'J, or in any year in vvltich such premium would have. been required 'if Lender still hold the Security Instrument, each monthly payment shall also includo either: Ma sutra for the annual mortgage fns Moot .premium to be paid by Lender to the Secretary; or (ii) a monthly. charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,. in. a reasonable amount. to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds! Lender tray, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum "amount that may -be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. § 2601 pL" and implementing regulations, 24 CFR Part 3500, as they may be amended from1ime. to time ( "1tESPA "% except that the cushion or reserve permitted by ItESPA for unanticipated disbursements or disbursements .before Borrower's payments are available in the account may not be based on amounts due for.the mortgage insurance prenxium. If the. amounts held by Lender for Escrow Items 'exoeed the. amounts permitted to bo held by RESPA, Lender shall account to Borrower for the excess Rinds as required by RESP.A. If the amounts of funds held by Lender at any;tirne' are" not sufficient-to pay the Escrow. Items when due, Lender may notify the Borrower and require to make up the shortage as"per7nitted by RESPA. " The Fsomw Funds are pledged m addibonal security for all sums secured by tics Security Instrument: If Borrower tenders: to: Lender tiro fu :payment of all such sums, Borrower's amount shall be oredited with the balance remaining for all instalitiient items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay .to. the n e Secretary, "d Lender 813811 promptly refund any. excess Amds to Borrower. Immediately prior to a foreclosure We of the Property or its acquisition by Lender, Borrower's account shall be oteditod with -any balariee remaining for all installments for items (a), (b), and (o). 3.. Application of Payments, - All payments under Paragrapbs 1 "and 2 shall be applied by Lender as follows:. first to the mortgage insurance premium to be paid by .Lender to the Secretary or to the monthly charge by .the Secretary instead of the motitbly.moitgage insurancc premium; eeoiid ;to`,aiw taxes, spec leasehold payments or ground rents and true, flood and other hazard insurance "premiums; as r6quii4' . Third; to interest duo udder the Note;: Foittth. amortization of"the principal of the Note; and to:lete charges due under the Note. 4, Fire," Rlood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, - whether now in existence, or subsequently hracted, against any hazards, casualties, and contingencies, including fire; for which. Lender requires ".insmu nee. Tl s "insurance shall be maintained in the amounts and for the periods that Lender.. requires. Borrower shall. also : insure ail improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried witheompaities approved by Lender. Tile insurance:poticles and any renewals shall be held by Lender and shall include -loss .payable "clauses in favor 'of, and in a form acdeptabls to, Lender. In the event oflossi Borrower shall give Lender immediate notice by mail. Lender may "make proof of loss if not made promptly by Borrower. Ala insurance company concernedfs bereby au0iorized and directed to snake payment for smh loss directly to bender, instead of to Borrower and ".to Lender jointly. All or any part of the insurance pioceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security.Instrilment, first to. any delinquent amounts applied in the order of Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged property. Any application of the proceeds 1�1�tAPaim) nt(MGRSmodified) " Pag 9 or 9 5003PA OM Ra. 09105 to the principal sha{I. not extend .or. postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any oxoms insurance proceeds over an amount required pay all outstanding Webtednesa under 6r Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the ovent of foreclosure of this Security Instrument or other transfer of title to the. Property that extinguishes. the Indebtedness, all right, title and of Borrower in and to insurance policies in force shall pass to the purohaser. S. Occupancy; Preservation, Maintenance and , protection. of the Property; .Borrower's Loan Application; Leaseholds, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall oontiuue to occupy. the Property as Borrower's prhwipat residence for at least one year after the date of ooeupano*y, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating ciroutnstanoes exist which. sic beyond Borrower's control, Borrower shall notify lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or alloW tho Property to deterlorate, reasonable wear and tear expected: Lender may inspect the Property if the Property is, vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and Preserve such `eacant.or abandoned Property. Borrower shall also be in default if Borrower, during the loan application prooM,'gavC materially . false or inaccurale information or .statements to Lender (or failed to provide Lender with any material information) in oonnection with the loan evidenced by the Note, including, but not limited to, representations Concerttitrg Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower. acquires fee title to the Property, the. leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Coiadeinnstion, The. proceeds . of any award or claim for damages, direct or consequential, in connection .with arty cotndenutstion. or other taking of any part of the. Property, or for conveyance in place of condemnation,. are hereby assigned and shall. be• paid to Lender to the extent of the full amount of the indebtedn= that remains unpaid folder the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedwss under the Note and.this Security Instruaent, first to any delinquent amounts applied in the order provided in Paragraph 3. and then to prepayment of .principal. Any application of the proceeds to the principal shall not extend or postpone the dut3 date of the monthly payments, which ate referred to in Paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and. this Security Instrument shall be paid to the entity legally entitled thereto. - y. Charges to Borrower_ and Protection of tender's Rights in the Property, Borrower shall pay all governmental or municipal: charges, i`ines and.tmpositions that are not included in Paragraph 2, Borrower shall pay these obligations on time directly to the entity which is.owed the payment. If failum to pay would adversely affect Lender's interest.in the Property, upon Lender's request shall promptly famish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other .covenants and agreements contained in this Security Instrument, or there is a legal proceeding tlwt may sigoifloantly affect Lender's rights. in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and.pay whatever is necessary to protect the value of the Property and Lender's rights in the Property; including: paymment of taxes, hazard insurance and other items mentioned in Paxagtaptt 2. Any amounts disbursed by Lender Under dais Paragraph shall become an additional debt of Borrower and be secured by this Security Inafrunica `These amounts shall bear interest limn the date of disbursement, at the Note rate, and at the.option of Lender shall be immediately due and payable. Borrower. shah promptly discharge any lien which bas priority over this. Security Instrument unless Borrower; (a) agrees in writing' to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or. defends against enforcement of the lien in, legal proceedings which in Lender's opWon operate to prevent the enforcement of the lien; or. (c) 'secures from the holder of the lien an agreement satisfactn ry.to Under subordinating the lien to this Security Instrument; RA iGGytvania "Rty lnstrumeni (ME Wdifto Pala d of 9 s�raf Pn otros uv, evror If Lender dewrmines that arry of the Property is subjeot to alien which may attain priority ever this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 9* . Fees: Lender may collect fees and charges autlorized by the Secretary. 9. Grounds for Accelerad" of Debt. (a) Default, Sender may, except as .limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (1) Borrower defaults by failing to pay in' full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (h) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the Garn -St Uarmm#n Depository institutions Act of 19M 12 U.S.C. § 1701j -3(d)) and with the prior approval of the Secretary, require immediate payment in full of all the sums secured by this Security Instrument i£: . ..(i) All or part of the Property, or a bonefioial interest in a trust owning all or part of the .Property, is sold or otherwise.trmferred (other thawby devise or descent), and (ii) The property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements, of the Secretary. (e) No Waiver. If Circumstances occur that would permit Lender to require immediate payment in full, but Lender does not rocluiro such paymontai Sender does not waive its rights with respect to subsequent events. (d) Regulations of I•IUD Secretary. In many circumstances regulations issued by the Secretary will limit Lerrder's rightsi'in the case of payment defaults, to require immediate payment in &H and foreclose if paid. This Security instr nient does. not authorize acceleration 'or foreclosure if not permitted by regulations of the Secretary: .(b) Mortgage. Not Insured, Borrower agrees that if this Security Instrument and the Note are, not determined to be eligible for insurance under the National Housing Act within 60, days from the date hereof, Lender may;, at its option require immediate payment in full of all stuns secured by this Security Iosstrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to .insure this Seautity Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding.the. fnregoing,.this option may not be exercised by Lender when the unavailability of insurance is solely due to :Lender's failure to remit a Jrrortgage insurance premium to the Secretary. IQ; Reinstatement.orrower.has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay.•an amount. due under the Note or this Security Instrument. This. right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in it lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations Of Borrower un der this Security Instrument, foreolOtne costs and reasonable and customary attorneys' fees and expenses _ properly associated. with the foreclosure proceeding. Upon reinstatement by .Borrower, this Security Instrument and:thcr obligations th it secures shall remain in effort as if Lender had not required immediate payment in full, Hov�rever,.T eider #.s not..requlred to permit reinstatement if. (i) Lender has accepted reinstatement after the eomnenooment.of forreclosure prooeedings within two years immediately preceding the commencement of a current foreclosure proceeding,: (ii) reinstatement will .preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the.priority of the lien created by this Security Instrument. 11. lUrrower Not .Released; Forbearance by Lender Not a Waiver. Extension of the limo of payment or modification of amortization of the auras secured by this Security Instrummt granted by Lender to any successor in interest of Borrower shall not operate. to release the liability of the original Borrower or .Borrower's successor in interest. Lender shall not be required to'�comtttence proceedings against any successor in interest or refuse to extend time for paytnent:or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand. made by the original Borrower or Borrowerl..s suocessors in interest. Any forbearance by Lender In exercising ariy:riglrt or remedy shall Trot be a waiver of or preclude the exercise of any right or remedy. BHA ponn,rrlveaTrSecarirq Tgstruma�t_{ME1LS Moditicd) Page 5 of 9 SCUM 001 aR. a sws I � 12. Successors and Assigns Bound; Joint and Several Llabfility; . Co- Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 9(b), Borrower's covenants and agreements shall be joint and - several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is oo»signing this Security Instrument only to mortgage, .grout and convey that Borrower's interest in the Property under the terms of this Security Instrument . (b) is not personally obligated to pay the sums secured by this Security Instrument; and {c) agrees that Teuidor and any other Borrower may agree to extend, modify, forboar.or. make any accommodations with regard to the term ofthis Security; Instrument or the Note without thatBorrower's consent. 13. Notices— notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing. it by first - class mail unleas.applicable law requiit use of another method, The notice shall be directed to the Prop roperty Address or any other address Borrower designates by notice to Lander. Any notice to Lender shall be given by first class .mail to :L:emder's .address stated °herein or any address bender designates by notice to Borrower.. Any notice provided. for in this Security Instrument shall be deemed to have been given to Borrower or Lender whon given as provided in this Paragraph. 14. Governing L,aw;.SeverabRity, This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located . In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable low, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the -Note are declared to be severable. 15. Uorrowver',s Copy. Borrower shall be given one conformed copy of the Note and of this Seourlty Instrument. 16., Hazardous Substsneca. ; Borrower shall not cause or :permit the presence, use, disposal, storage, or release: of any :Iazar lous Substances .oh or in .tho Property. Borrower shall not do, nor allow anyone else to do, anything offooting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to. the presence, ,use, or storage nn the Property of small quantities of Hazardous' Substances that are generally recognized to be appropriate to normal residential uses and to maintenance oftbo Property. Borrower shull.promptly.give Treader written notice of any investigation, claim, demand, lawsuit or other action by any .governmental or regulatory agency or private party involving the Property. and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, If Borrower learns, or is notified by any governmental or.regulatory authority that any removal or other remediation of any Hazardous Substances affecting ft Property jo necessary, Borrower 'shall promptly take all necessary remedial actions in accordance with Environmental Law: As.used in this Paragraph 16; "Hazardous Substances" are those substances defined as toxic or hazardous subsummG.by:Ilnvironmental: Law.and the following substances: gesoliim, kerosene, other flammable or toxic petroleum products, toxic pot cider. and horbiofd%, volatile. solvents, materials containing asbestos or formaldehyde, and radioaetive materiti ls. As Used in this Paragraph IG,. "Environmental Law" means federal laws and)aws of the. jusisdietlon where -the Property- s.located that relatem to'health; safety or environmental protection, N0N- CINIFURIYI COVENANTS.' Borrower and Tender further covenant and agree as follows: 17. Assignment of Rents. , bormwer unconditionally assigns and transfers to Lender all the rents and revenues of. the: Property. Borrower auttwizes Lander or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to. Borrower of Borrower's breach of any covenant or agreement in the Security Instr"At, Borrower shall collect and receiva all renta and revenues of the Property as trustee. for the benefit of Lender and Borrower. This assigrnent of rents constitutes an absolute assignment and not an assignment for additional security only, If Lender givers notice of breach to Borrower: (a) all rents received by Borrower sball be held by Borrower as trustee for benefit of Lender only; to be applied to the sutras. secured by Security Instrument; (b) Lender shall be enstitled to sollect.and receive all ofthe rents of the Property; and .(c) each tenant of the Property pay all rents due and unpaid to Lender or lamder's agent on Lender's written demand to tho tenant. MA Faoylio i j Sacprlty instranu W (Ni1ERS Moetj6edJ Fags 6 of 9 RMPA Cal W. 090 Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent )Lender from exercising its rights under this Paragraph 17, Lender.shall not be required to enter upon, taloe control of or maintain the Property before or after giving notice of breach to Borrower, However, Lender.or a judicially appointed receiver may do so at anytime there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender, This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full, 18, Foreclosure .Procedure, If Lender requires immediate payment in fail under Paragraph 4, Leniler ruay foreclose this. Security Instrument by ,judicial proceeding and invoke any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided kt this Paragraph 18, including, but not limited to,` reasonable attorneys fees and costs of title evidence to the.extent permitted under applicable law. . I If Lender forecloses this Security. Instrument, Lender shall give notice In the manner provided in Paragraph 13 ..and to Borrower and any other persons prescribed by applicable law. Lender shall also publish and post the notice of sale, and the property shalt be sold, as prescribed by applicable law. Lender or its designee may purebase the property at any sale, The proceeds of the sate shall be applied in the manner prescribed by applicable law. If the Lender's. interest in this Security Instrument is held by the Secretary and the Secretary requires immediate paym at in OA tinder .Paragraph 9, the Seoretary, may invoke the nonjudicial power of sale provided in the Single i�amily Mortg®ga Foreolo Act of 1994 l (12 U.S.C. §3751 glseq.) by requesting a foreclosure commissioner designated under the 'A.ot to commence foreclosure and to sell the Property m.provided. in Act. Nothing in the preceding sentence shall deprive the Secretary of any rigbts otherwise available .to a Lender under this Paragraph 1.8 or applicable law. 19. Release. Upon payment of alk sums secured by this Security Instrument, this Security instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument, Borrower shall. pay any recordation costs. Lender may charge ,'Borrower a fee for releasing this Security Instrument, but only if the f6e is paid to a third .party for sorvices rendered and the charging of the fee is permittedunder.applicable law.. ?A:`W Waivers. Borrower to the exttnt.permifted by $pplieable law, ,waives and releascs.arty error or defects in proceedings to. enforce this Security Instrument, and hereby waives -.rite benefit of any present or future laws providing for stay of execution, extension of t1me, exemption from attoohment, levy, and sale, and homestead exemption. 21. .Reinstatement Period, Borrower's time to reinstate provided in Paragraph 10 shall extend to one hour prior to the commencement ofbidding at a sheriffs sale or other. sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire titie to the Property, this Security Instrument shall be a.purohaseImoney mortgage. 23. Interest Rate Ater Judgement. Borrower agrees that the interest rate after a judgement is entered on the or. in an action of partgage foreclosure shall be the rate payable from time to time under the Note. 24:. 'Riders to tl.ia Security .Instrument. If one or more ciders are executed by Borrower and recorded together with ibis Security Instrument, ttte covenants of each such rider shall be inoorporated. into and shall amend and supplement tiro Covenants and agreomonts of this Security Instrument as if the tider(s) were a part of this Security Instrument. [Check applicable box(es)]. ❑ Condominium Rider [] Graduated Payment Rider ❑ lather Lspecify] ' 0 ..I'lannal CJnit,Development Itidar [] Growing Equity hider fSrgnstures on Fobowing Paget FIiA Pcnnaylva�Sa sbcarity ]nstrsinent (k1 Modiflap . Page 7 0 4 saroirA 0x01 RK 09M BY SIGrUNG MOW, Bwo accepts and agrees to the terms and covenants contained in this Security Instrument and in any ride (s) exemed by Borrower and recorded with It M AR L MIXER 3R Bomwer (Seat) TAMARA W: MYI.T.ER. •Borrower (seat) - Borrowm (Seal) Botrowar Certificate of Residence; We do hereby certify that the precise iMress.of tbe; within named mortgagee, assignee or person entitled to interest is 1595 .SPICING HILL. RD S'I'C;. 31.0, . VIENNA, VA 22182 Title' (Aaknowledgmenton FoBowfng.POPI R[iA Pennsylvania SCCUrity (tvl�S �'lodE(led� Page S of 9 samrA QZ% Mr. OW State of PA . County of CYTMDERLAdVD § on this, .the 17tH day of 3ANUARY, 2008 before me, the undersigned officer, persareally appeared EDGAR E. M II.TXR A A14D TAlV E 4'W. XMLBR Imowa to me (or satisfactorilflmunlo ) to be the Person(s) whose n j ' re bscribed to the within •instrument, and acirnowledgcd that lie/sh ecuted the same forthe os ere contained In wiims whereof, set my hand and o ral se . No abtia Pr6*od N aar — t " CO LAD" EALTH OF PEN.�t SYIV tq IAA SEAL My Commission Expires; <�— c Joseph L. Grove; Notaeryry PUU10 Silver Spdpg 7Wp„ burn and Cou* M Corrimisslon Ex res Juno t 2 Mambo; ltv"Rlvorv± At woo= FHA Pepnirylvanla Seaerity.li amonf.(WIFRS MotGfled) Page 9 of 9 se�o[rn eras aa: o9tos SCHEDULE ^A" At,T,' MT CERTAIN: PIECE OR PARCEL OS LAND SIT'Uhm. IN THE BOROUGH OI+' WCHANICSMIRG, . COUNTY OF CUMBERLAND ANO 'STATE OF PENNSYLVANIA, DOMeft•NA b$ A3CR2$$D IN ACCOMMO WITH A SURVEY AND PLAN THgREOE' MADE BY WILLIAM G. RAMML, RLCISTERED $URVZYOR, DATED OUSE 10, 1961, AS FOLLOWS.:' SEGIMOG AT A PDXNT .ON THE WEST SYDE .OF SOUTH WASHIXaTON , STRUT, D SATO POINT THIRTY - (3D) FEET NORTH OF THE NOR ?IST CORNER OSF SOU'PH' �PASEIINGTObfi' B.?REET ANp WL82' SIMPSOm STREETS; THLNCL ' - - Cf(3 `ALONG' LAND' Mr OA LATE: OF .id27.Z iik ,A, 1'AvtA(mx SOUTH B.L b$GREE 30 :.MINU't'ES RSsT . NINETY-BTVE (95)' .1O AN I;iON' pxN'.ON . =.EA $ $ Ob' A TEN r 10) FEE' *. WYD$ ALLEY; TBErFCE ALONG SAID AT+I Y; NORTH � I5 DEGREES 3a � MINUTES wEST, TWFN'PY; N]7!78 •(28) FEET' TO AN IRON Px24 AT T=S CORNER OF LAM NOW OR pORMOMy OF CRZSTL MATTHEWS Aim FWRENCE.MATTH$WS, HI$'72IFE, NORTH 79 DECREES $0 M±NCfTES EAST, NINETY -FIVE {95) MET TO A POINT ON THE WEST SIDE OFF SOUTH WASHnMTON STREET; 'THENCE ALONG dANZ, SOUTH X5• DEf3REEB 30 MINOT49 EMT TRIR%i (32) FEET TO A POIFFT, ' THE PIECE ` . BB3YNN1'NG.: BEING .THE SAME Plt+OPL`RTY CONVEM TO' EDGAR E, M= It, JR. AND TAMERA �P, MI HIS WIFE BY. DEED FP.OM WALTER D: SIHMN6 AND DEBRA A. 'S4XMMXS, HI-S WIFE RECORDED 06/08/7.999 ZN DEfEO BOOK 236 1?AfbE ;209, .xN ?HR 'OFFLLT OF TIM RECORDER OF DBMS OF CD mMkLAND COWTY.,' PBNxSYI,VAmXA. ' - .. 'xAX tD�..20- 23-- 0$674b47 Loan NL NOTE ll / FHA Case Nc �V> JANUARY 17, 2008 MECHANICSBURG PA [Date] [City] [State] 16 SOUTH WASHINGTON STREET, ME CHANICSBURG, PA 17055 - 3770 [Property Address] I. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means NEW DAY FINANCIAL, LLC and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED SEVENTEEN THOUSAND THREE HUNDRED THIRTY FOUR AND 001100 Dollars (U.S. $117,334.00), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SEVEN AND 500/1000 percent (7.500 1 /o) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on MARCH 1, 2008. Any principal and interest remaining on the first day of FEBRUARY 1, 2038, will be due on that date, which is called the "Maturity Date." (B) PIace i Payment shall be made at NEW DAY FINANCIAL, LLC. P.O. BOX 234, HARLEYSVILLE, PA 19438 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of $820.42. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box) ❑ Graduated Payment Allonge ❑ Growing Equity Allonge ❑ Other [specify) Multistate FHA Fixed Rate Note Page 1 of sxcaansu rvor _ , 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOURAND000 /1000 percent (4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary ofHousing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prolubited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Arty person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note ma be required to pay all of the amounts owed under this Note. Multistate FHA Fixed Rate Note $2603MU 12!01 Page 2 of 3 1� BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) (Seal) ib E. MILLER - Borrower TA�'RA �WWJIL�LrR - Borrower (Seal) (Seal) - Borrower - Borrower [Sign Original Only] see attached allonge Multistnte FHA Fixed Rate Note Page 3 of 3 52603RIU 12101 ALLONGE TO THE NOTE Loan Number. Borrower(s) Name /Address: Lender Name /Address: EDGAR E. MILLER JR AND TAMERA W. MILLER NEW DAY FINANCIAL, LLC 16 SOUTH WASHINGTON STREET 8171 MAPLE LAWN BLVD. STE 300 MECHANICSBURG, PA 17055 - 3770 FULTON, MD 20759 Property Address: 16 SOUTH WASHINGTON STREET, MECHANICSBURG, PA 17055 - 3770 For valuable consideration, receipt of which hereby acknowledges, the undersigned hereby sells, transfers, endorses, assigns and delivers WITHOUT RECOURSE, and Pay to the Order of JPMorgan Chase Bank, N.A. All of its rights, title and interest in and to the attached promissory note dated JANUARY 17, 2008 in the face amount of $117,334.04. The borrowers in said promissory note are: EDGAR E. MILLER JR AND TAMERA W. MILLER Said promissory note is secured by a Mortgage, Deed of Trust or Security Deed ( "Security Instrument ") of the same date on real property located at: 16 SOUTH WASHINGTON STREET, MECHANICSBURG, PA 17055-3770 NEW DAY FINANCIAL, LLC (Beneficiary) transfers all rights accrue under said note and secured Security Instrument in which the undersigned is the Beneficiary and the borrowers are the Trustors. Dated: Beneficiary. NEW DAY FINANCIAL, LLC By: ! Name & TIUe LeeAnn,Ao ftuez, V.P. pay to the order o VYithout Recourse k, N.A. B r �~ Authorized Assistant Secretary ND212.0105 Chase (FL5 -7734) CHASE NN P.O. Box 44090 Jacksonville, FL 32231 -4090 1 1 1111 1111 7190 1075 4460 2030 8122 March 28, 2013 00001882 HDLO CB 8713 -BR840 EDGAR E MILLER JR 16 SOUTH WASHINGTON ST MECHANICSBURG, PA 17055 -3770 Acceleration Warning (Notice of Intent to Foreclose) Account: "Loan ") Property Address: 16S WASHINGTON ST MECHANICSBURG, PA 17055 (the "Property") Dear EDGAR E MILLER JR: Under the terms of the Mortgage or Deed of Trust ( "Security Instrument') securing your Loan, JPMorgan Chase Bank, N.A. ( "Chase ") hereby notifies you of the following: 1. You are in default because you have failed to pay the required monthly installments commencing with the payment due December 1, 2012. 2. As of March 28, 2013, total monthly payments (including principal, interest, and escrow if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents in the total amount of $4,319.50 are past due. This past -due amount is itemized below. If applicable, your account may have additional escrow amounts that have been paid out and are due on the Loan. 3. If you have any questions about the amounts detailed below, please contact us as soon as possible at (800) 848 -9380. Total Monthly Payments $4,517.88 Late Fees $188.52 NSF Fees $0.00 Other Fees* $0.00 Advances* $42.00 Amount Held in Suspense $428.90 *Other Fees and Advances include those amounts assessed in accordance with your loan documents, and /or permitted by applicable law, or that were authorized for services rendered. If you need additional information regarding any of these amounts, please contact us at the number provided below. You are also responsible for paying any amounts that become due from the date of this letter through the expiration date of April 30, 2013 set forth in Paragraph 4 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees and other fees, as permitted by applicable law. Exbt , b14- G If you have any reason to dispute the past -due amount listed above, or if you believe your Loan is current, please contact us at the number provided below. 4. If you are unable to pay your account current within 33 days, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original amount borrowed will be considered due immediately. If full payment of the amount of default is not made within 33 days, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 5. You have the right to cure the default, or anyone acting on your behalf, and pay your account current anytime at least one hour prior to the commencement of bidding at a sheriff's sale or other judicial sale, not more than three times in any calendar year. To do so, you must: a) Pay or tender in the form of cash, cashier's check or certified check all sums that would have been due at the time of payment or tender in the absence of default and the exercise of acceleration; b) Perform any other obligation which you would have been bound to perform in the absence of default or the exercise of acceleration; c) Pay or tender any reasonable attorney's fees the reasonable costs of proceeding to foreclosure that were actually incurred up to and including the date the debtor cures .the default, as specified in writing by the mortgagee d) Pay any reasonable late penalty, if outlined in the mortgage Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2 within 33 days from the date of this notice in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be repaid under the terms of your loan documents. 6. If you fail to cure the default on or before April 30, 2013, Chase will accelerate the maturity of the Loan, terminate your credit line if the Loan provides for revolving advances, declare all sums secured by the Security Instrument immediately due and payable and commence foreclosure proceedings, all without further notice to you. If this happens, Chase will be entitled to collect its expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure/attorney fees and other expenses permitted by your loan documents or applicable law. 7. If permitted by your loan documents or applicable law, you have the right to reinstate after acceleration of the Loan and the right to bring a court action to assert the nonexistence of a default or any other defense to acceleration, foreclosure, and sale. However, the amount required to reinstate may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under the Loan, including attorney fees related to any foreclosure action we initiate. 8. Kindly remit the total amount due, shown in Paragraph 2 above, to the remittance address listed below. Please note that Chase policy requires certified funds if two insufficient funds (NSF) payments have been received in the last six months. In this event, Chase will not accept a Direct Check, FastPay or SpeedPay payment. Payments cannot be made at Chase retail bank branches. Please refer to the addresses below for payment information or contact us if you have any questions. Regular Mail: CHASE PO BOX 78420 PHOENIX AZ 85062 -8420 Overnight Mail: CHASE PO BOX 78420 1820 EAST SKY HARBOR CIRCLE SOUTH PHOENIX, AZ 85034 -9700 Except as required by law, we are under no obligation to accept less than the full amount owed. If you send us less than the full amount owed, we may in our sole discretion apply such partial payment to your Loan without waiving any default or waiving our right to accelerate the Loan and continue with foreclosure proceedings in accordance with Paragraph 4 above. 9. If you are unable to pay the amount past due, Chase has a variety of homeowners' assistance programs that might help you resolve your default and keep your home; however, we need to talk with you to discuss these options and determine which of them might be appropriate for your circumstances. Please call us as soon as possible at (800) 848 -9380. 10. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, including visits to your Property at regular intervals during the default. This will be done to determine, as of the date of the inspection the property condition, occupancy status, and, possibly, your plans for curing the default and paying this Loan on time. You should anticipatethat any costs incurred by Chase will be added to the amount you now owe if permitted by your loan documents or applicable law. 11. You have additional rights to help protect your interest in the property. You have the right to sell the property to obtain money to pay off the mortgage debt or to borrow money from another lending institution to pay off this debt. You may have the right to sell or transfer the property subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney fees and costs are paid prior to or at the sale (and that the other requirements under the mortgage are satisfied). Contact us to determine under what circumstances this right may exist. You have the right to have this default cured by any third party acting on your behalf Chase offers homeownership counseling services to borrowers in some areas. Counseling is also available through a variety of nonprofit organizations experienced in homeownership counseling and approved by the Secretary of Housing and Urban Development (HUD). A listing of such organizations may be obtained by calling HUD toll -free at (800) 569 -4287 or at www.hud.gov. Sincerely, Chase (800) 848 -9380 (800) 582 -0542 TDD / Text Telephone www.chase.com Enclosure - Federal Trade Commission Pamphlet IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are or recently were on active duty or active service, you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or eviction. You may also be eligible for benefits and protections under state law. SCRA and state military benefits and protections also may be available if you are the dependent of an eligible servicemember. Eligible service may include: Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or Active service as a commissioned officer of the Public Health Service, or Service with the forces of a nation with which the United States is allied in a war or military action, or Service with the National Guard of a state militia under a state call of duty, or Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause. For more information, please call Chase Military Services at 866 - 840 -5826. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams should be reported to PreventLoanScams.org or by calling 888 - 995 -HOPE; 888- 995 -4673. We offer loan modification 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. We are attempting to collect a debt, and any information obtained will be used for that purpose. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secured party retains rights under its security instrument, including the right to foreclose its lien. BR840 An important message from the Federal Trade Commission A note to Homeowners Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan modifications — for a fee. The Federal Trade Commission, the nation's consumer protection agency, wants you to know how to avoid scams that could make your housing situation go from bad to worse. Don't Get Hit by a Pitch. Imitations = Frustrations. "We can stop your foreclosure!" Some con artists use names, phone numbers, and "97% success rate!" websites to make it look like they're part of the "Guaranteed to save your home!" government. If you want to contact a government These kinds of claims are the tell -tale signs of a agency, type the web address directly into foreclosure rip -oil Steer clear of anyone who offers your browser and look up any address you aren't an easy out. sure about. Use phone numbers listed on agency websites or in other reliable sources, like the Blue Don't Pay for a Promise. Pages in your phone directory. Don't click on links Don't pay any business, organization, or person or open any attachments in unexpected emails. who promises to prevent foreclosure or get you a new mortgage. These so- called "foreclosure rescue Talk to a HUD - Certified companies" claim they can help save your home, Counseling Agency — For Free. but they're out to make a quick buck. Some may If you're having trouble paying your mortgage or request hefty fees in advance — and then stop you've already gotten a delinquency notice, free returning your calls. Others may string you along help is a phone call away. Call 1- 888 - 995 -HOPE before disclosing their charges. Cut off all dealings for free personalized advice from housing counseling if someone insists on a fee. agencies certified by the U.S. Department of Housing and Urban Development (HUD). Send Payments Directly. This national hotline — open 24/7 — is operated Some scammers offer to handle financial by the Homeownership Preservation Foundation, arrangements for you, but then just pocket your a nonprofit member of the HOPE NOW payment. Send your mortgage payments ONLY to Alliance of mortgage industry members and your mortgage servicer. HUD - certified counseling agencies. For free guidance online, visit www.hopenow.com. For Don't Pay for a Second Opinion. free information on the President's plan to help Have you applied for a loan modification and been homeowners, visit turned down? Never pay for a "second opinion." www.makinghomeaffordable.gov. Federal Trade Commission ftc.gov/MoneyMatters Call 1-888-995-HOPE for free personalized guidance from housing counseling agencies certified by the U.S. Department of Housing and Urban Development. The Homeowner's HOPETM Hotline — open 24/7 — is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD - certified counseling agencies. Or visit www.hopenow.com For free information on the President's plan to help homeowners, visit www. makinghomeaffordable.gov I H0PEN0 Support & Guidanctfor Homeowners ■ �� % MAILING HOME AFFORDABLE.GOV Chase (FL5 -7734) CHASE P.O. Box 44090 Jacksonville, FL 32231 -4090 7190 1075 4460 2030 8139 March 28, 2013 IIIIIIIIIIIIIIIIIIIIIIIIII 00001884 HDLO CB 8713 -BR840 TAMERA W MILLER 16 SOUTH WASHINGTON ST MECHANICSBURG, PA 17055 -3770 Acceleration Warning (Notice of Intent to Foreclose) Account. _ _ . "Loan ") Property Address: 16S WASHINGTON ST MECHANICSBURG, PA 17055 (the "Property") Dear TAMERA W MILLER: Under the terms of the Mortgage or Deed of Trust ( "Security Instrument') securing your Loan, JPMorgan Chase Bank, N.A. ( "Chase ") hereby notifies you of the following: 1. You are in default because you have failed to pay the required monthly installments commencing with the payment due December 1, 2012. 2. As of March 28, 2013, total monthly payments (including principal, interest, and escrow if applicable), late fees, insufficient funds (NSF) fees, and other fees and advances due under the terms of your loan documents in the total amount of $4,319.50 are past due. This past -due amount is itemized below. If applicable, your account may have additional escrow amounts that have been paid out and are due on the Loan. 3. If you have any questions about the amounts detailed below, please contact us as soon as possible at (800) 848 -9380. Total Monthly Payments $4,517.88 Late Fees $188.52 NSF Fees $0.00 Other Fees* $0.00 Advances* $42.00 Amount Held in Suspense $428.90 *Other Fees and Advances include those amounts assessed in accordance with your loan documents, and /or permitted by applicable law, or that were authorized for services rendered. If you need additional information regarding any of these amounts, please contact us at the number provided below. You are also responsible for paying any amounts that become due from the date of this letter through the expiration date of April 30, 2013 set forth in Paragraph 4 below. These amounts may include, but are not limited to, taxes, insurance, inspection fees and other fees, as permitted by applicable law. If you have any reason to dispute the past -due amount listed above, or if you believe your Loan is current, please contact us at the number provided below. 4. If you are unable to pay your account current within 33 days, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original amount borrowed will be considered due immediately. If full payment of the amount of default is not made within 33 days, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 5. You have the right to cure the default, or anyone acting on your behalf, and pay your account current anytime at least one hour prior to the commencement of bidding at a sheriff's sale or other judicial sale, not more than three times in any calendar year. To do so, you must: a) Pay or tender in the form of cash, cashier's check or certified check all sums that would have been due at the time of payment or tender in the absence of default and the exercise of acceleration; b) Perform any other obligation which you would have been bound to perform in the absence of default or the exercise of acceleration; c) Pay or tender any reasonable attorney's fees the reasonable costs of proceeding to foreclosure that were actually incurred up to and including the date the debtor cures the default, as specified in writing by the mortgagee d) Pay any reasonable late penalty, if outlined in the mortgage Action required to cure the default: You must pay the Total Monthly Payments listed in Paragraph 2 within 33 days from the date of this notice in order to cure this default. All late fees, NSF fees, and other fees and advances are still valid and will need to be repaid under the terms of your loan documents. 6. If you fail to cure the default on or before April 30, 2013, Chase will accelerate the maturity of the Loan, terminate your credit line if the Loan provides for revolving advances, declare all sums secured by the Security Instrument immediately due and payable and commence foreclosure proceedings, all without further notice to you. If this happens, Chase will be entitled to collect its expenses incurred in pursuing the remedies provided in the Security Instrument, which may include, but not be limited to, allowable foreclosure/attorney fees and other expenses permitted by your loan documents or applicable law. 7. If permitted by your loan documents or applicable law, you have the right to reinstate after acceleration of the Loan and the right to bring a court action to assert the nonexistence of a default or any other defense to acceleration, foreclosure, and sale. However,. the amount required to reinstate may be higher than what is owed under Paragraph 2 above due to additional fees and charges that we are entitled to collect under the Loan, including attorney fees related to any foreclosure action we initiate. 8. Kindly remit the total amount due, shown in Paragraph 2 above, to the remittance address listed below. Please note that Chase policy requires certified funds if two insufficient funds (NSF) payments have been received in the last six months. In this .event, Chase will not accept a Direct Check, FastPay or SpeedPay payment. Payments cannot be made at Chase retail bank branches. Please refer to the addresses below for payment information or contact us if you have any questions. Regular Mail: CHASE PO BOX 78420 PHOENIX AZ 85062 -8420 Overnight Mail: CHASE PO BOX 78420 1820 EAST SKY HARBOR CIRCLE SOUTH PHOENIX, AZ 85034 -9700 Except as required by law, we are under no obligation to accept less than the full amount owed. If you send us less than the full amount owed, we may in our sole discretion apply such partial payment to your Loan without waiving any default or waiving our right to accelerate the Loan and continue with foreclosure proceedings in accordance with Paragraph 4 above. 9. If you are unable to pay the amount past due, Chase has a variety of homeowners' assistance programs that might help you resolve your-default and keep your home; however, we need to talk with you to discuss these options and determine which of them might be appropriate for your circumstances. Please call us as soon as possible at (800) 848 -9380. 10. While the Loan remains in default, we will perform certain tasks to protect our interest in the Property, including visits to your Property at regular intervals during the default. This will be done to determine, as of the date of the inspection the property condition, occupancy status, and, possibly, your plans for curing the default and paying this Loan on time. You should anticipatethat any costs incurred by Chase will be added to the amount you now owe if permitted by your loan documents or applicable law. 11. You have additional rights to help protect your interest in the property. You have the right to sell the . property to obtain money to pay off the mortgage debt or to borrow money from another lending institution to pay off this debt. You may have the right to sell or transfer the property subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney fees and costs are paid prior to or at the sale (and that the other requirements under the mortgage are satisfied). Contact us to determine under what circumstances this right may exist. You have the right to have this default cured by any third party acting on your behalf. Chase offers homeownership counseling services to borrowers in some areas. Counseling is also available through a variety of nonprofit organizations experienced in homeownership counseling and approved by the Secretary of Housing and Urban Development (HUD). A listing of such organizations may be obtained by calling HUD toll -free at (800) 569 -4287 or at www.hud.gov. Sincerely, Chase (800) 848 -9380 (800) 582 -0542 TDD / Text Telephone www.chase.com Enclosure - Federal Trade Commission Pamphlet IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are or recently were on active duty or active service, you 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 O � ` Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or Active service as a commissioned officer of the Public Health Service, or Service with the forces of a nation with which the United States is allied in a war or military action, or Service with the National Guard of a state militia under a state call of duty, or Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause. For more information, please call Chase Military Services at 866 - 840 -5826. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams should be reported to PreventLoanScams.org or by calling 888 - 995 -HOPE; 888 - 995 -4673. We offer loan modification 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. We are attempting to collect a debt, and any information obtained will be used for that purpose. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secured party retains rights under its security instrument, including the right to foreclose its lien. BR840 An important message from the Federal Trade Commission note to Homeowners Facing foreclosure? Scammers are targeting people having trouble paying their mortgages. Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan modifications — for a fee. The Federal Trade Commission, the nation's consumer protection agency, wants you to know how to avoid scams that could make your housing situation go from bad to worse. Don't Get Hit by a Pitch. Imitations = Frustrations. "We can stop your foreclosure!" Some con artists use names, phone numbers, and "97% success rate!" websites to make it look like they're part of the "Guaranteed to save your home!" government. If you want to contact a government These kinds of claims are the tell -tale signs of a agency, type the web address directly into foreclosure rip -off. Steer clear of anyone who offers your browser and look up any address you aren't an easy out. sure about. Use phone numbers listed on agency websites or in other reliable sources, like the Blue Don't Pay for a Promise. Pages in your phone directory. Don't click on links Don't pay any business, organization, or person or open any attachments in unexpected emails. who promises to prevent foreclosure or get you a new mortgage. These so- called "foreclosure rescue Talk to a HUD - Certified companies" claim they can help save your home, Counseling Agency — For Free. but they're out to make a quick buck. Some may If you're having trouble paying your mortgage or request hefty fees in advance — and then stop you've already gotten a delinquency notice, free returning your calls. Others may string you along help is a phone call away. Call 1- 888 - 995 -HOPE before disclosing their charges. Cut off all dealings for free personalized advice from housing counseling if someone insists on a fee. agencies certified by the U.S. Department of Housing and Urban Development (HUD). Send Payments Directly. This national hotline — open 24/7 — is operated Some scammers offer to handle financial by the Homeownership Preservation Foundation, arrangements for you, but then just pocket your a nonprofit member of the HOPE NOW payment. Send your mortgage payments ONLY to Alliance of mortgage industry members and your mortgage servicer. HUD - certified counseling agencies. For free guidance online, visit www.hopenow.com. For Don't Pay for a Second Opinion. free information on the President's plan to help Have you applied for a loan modification and been homeowners, visit turned down? Never pay for a "second opinion." www.makinghomeaffordable.gov. Federal Trade Commission °'\ ftc.gov/N4oneyMatters � ti Call 1-888-995-HOPE for free personalized guidance from housing counseling agencies certified by the U.S. Department of Housing and Urban Development. The Homeowner's HOPETM Hotline — open 24/7 — is operated by the Homeownership Preservation Foundation, a nonprofit member of the HOPE NOW Alliance of mortgage industry members and HUD - certified counseling agencies. Or visit www.hopenow.com For free information on the President's plan to help homeowners, visit www. makinghomeaffordable.gov 'I, . ni►n HOPENOW Support .& Guidance For Homeowners / ■ v/ ■ SM MAKING HOME AFFORDABLE.GOV � a Pennsylvania Verification Kathryn Coffee -House , hereby states that he /she is Vice President of JPMorgan Chase Bank, N.A. the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information, and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsif ation to authorities. AW 'P4 at n Co fee -House Vice President Date: 06/04/13 JPMorgan Chase Bank, N.A Borrower: Property ddress: �(/�,c County: wm Last Four of Loan Number: Z��j FORM 1 : IN THE COURT OF COMMON PLEAS OF JPMorgan Chase Bank, National Association CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Edgar E. Miller, Jr. 16 South Washington Street Mechanicsburg, PA 17055 Tamera W. Miller 16 South Washington Street Mechanicsburg, PA 17055' Q i � DEFENDANTS Defendant(s) Civil CD 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: SHAPIRO & DeNARDO, LLC t� 3 04 Date Attomeys for M aint 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: • APP LICANT 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-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FINANCIAL INFO RMATIO N 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 91: 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: Monthly Ex enses: Please only include ex enses you are currently a in 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 ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 c� 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 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) iJG FORM 3 IN THE COURT OF COMMON PLEAS OF JPMorgan Chase Bank, National Association CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vS. Edgar E. Miller, Jr. 16 South Washington Street Mechanicsburg, PA 17055 Tamera W. Miller 16 South Washington Street Mechanicsburg, PA 17055 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 defendantiborrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendantiborrower'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. 1 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: � 1 �uJl� Date [Sig re Vftount for Plaintiff) Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please 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? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FINANCIAL •' • 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: Monthly Ex enses: Please only include expenses you are currently a in EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food 2 Id 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 /Tuft. 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: AUTH 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) C= - � SHERIFF'S OFFICE OF CUMBERLAND COUNTY�pwm r'' R LE Ronny R Anderson (p Sheriff -- Jody S Smith : c-) Chief Deputy ra : c Richard W Stewart Solicitor OFFICE OF THE SHEPJFa JPMorgan Chase Bank, N.A. vs. Case Number Edgar E Miller, Jr. (et al.) 2013-3560 SHERIFF'S RETURN OF SERVICE 06/24/2013 03:28 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Served"at 16 S Washington Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. There are no occupants other than the defendants at this address. 06/24/2013 03:28 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Edgar E Miller Jr., Husband, who accepted as"Adult Person in Charge"for Tamera Miller at 16 S Washington Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. Arm• .''y---- .—/c� JASON KINSLER, DEPUTY 06/24/2013 03:28 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Edgar E Miller, Jr. at 16 S. Washington Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. 4ASON KINSLER, DEPUTY SHERIFF COST: $71.30 SO ANSWERS, � June 25, 2013 RbNW R ANDERSON, SHERIFF (c)County5uito Sheriff,Teleosoft,Inc. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D.NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 -a BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 ' 3600 HORIZON DRIVE, SUITE 150 f 'y ; °= KING OF PRUSSIA, PA 19406 r-- _ c TELEPHONE: (610)278-6800 F c-) S &D FILE NO. 13-043268 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13-3560 Civil Edgar E. Miller, Jr. and Tamera W. Miller DEFENDANTS PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC Date: 111110 BY: Attorneys for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 13-043268 JPMorgan Chase Bank,National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13-3560 Civil Edgar E. Miller, Jr. and Tamera W. Miller DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on 111�i1 l to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Edgar E. Miller,Jr. 16 South Washington Street Mechanicsburg,PA 17055 Tamera W. Miller 16 South Washington Street Mechanicsburg, PA 17055 SHAPIRO & DeNARDO, LLC Date: llt'I,L13 BY: Attorneys for Plaintiff