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HomeMy WebLinkAbout13-7702 3 Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: Cumberland County l3 - 170,2, �r ul Z The information collected on this form is used solely for court administration purposes. This form does not su lement or replace the filing and service ofpleadings or other papers as req uired bylaw 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 Narne: David Mutchler a/k/a David C National Association W. Mutchler 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: E include mass tort) Discrimination ❑ Slander /Libel /Defamation ❑ Employment Dispute: Other C F Other: F] Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ' N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS B F1 Toxic Waste El Ejectment ❑ Common Law /Statutory Arbitration ❑ 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 1/112011 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 FF PI? C BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 3 MCI 3 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA TELEPHONE: (610)278-6800 ° Yil '+iad S & D FILE NO. 13- 044541 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: David Mutchler a/k/a David W. Mutchler �M 8465 Sickle Road , Bath, PA 18014 DEFENDANT , 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. *6 3.7,E c✓ 17' C# / 4 6 30 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE 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 SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717 -249 -3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 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- 044541 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY David Mutchler a/k/a David W. Mutchler 8465 Sickle Road NO: Bath, PA 18014 DEFENDANT 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 JPMorgan Chase Bank, N.A. Mortgagor (s) David W. Mutchler (b) Date of Mortgage October 6, 2008 (c) Place and Date of Record of Mortgage Recorder of Deeds Cumberland County Document ID# 200833628 Date: October 7, 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. 2. Plaintiff is 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 that is subject to the Mortgage is generally known as 90 Garfield Drive, Carlisle, PA 17015 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 "Promissory 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: David Mutchler a/k/a David W. Mutchler - 8465 Sickle Road, Bath, PA 18014. 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 August 1, 2013 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of November 26, 2013: Principal Balance Due $165,246.55 Interest Currently Due and Owing at 6.5% $3,580.36 From July 1, 2013 through October 31, 2013 Late Charges $261.05 Escrow Advances $693.16 T TAL $169,781.12 9. Interest continues to accrue for each day that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorney's fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first -class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "C" in accordance with Pa.R.C.P. 1019(i). 12. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. PI O & D NARDO, LLC Date: 2 _'�> BY: 1 Attorneys for P intiff D File No. 13- 044541 f CAITLIN M. DONNELLY, ESQUIRE F r-. 001 AN Prepared By: BA"ARA DZLLMAN Return To: JPMORGAN CHASE BANK, N.A. 700 KANSAS LANE MONROE, LA 71203 ATTBNTTON: ATTN: DOCUMBNT TNTAU Phone Number: 800 - 848 -9136 Premises: [$ace Abovel% Line For RecordiftDatel PO HA SR MOMY MORTGAGE DEFINITIONS Words used iu multiple sections of this dooumout are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security 1witrtmnorrt" means this document, which is dated October 6, 2008 , together with�a to this document. Y0 7 } TCHLER, UNMARRIED Bor Borrower is the mortgagor under this Security Instrument. (L) "Under" is JPMORGAX CHASE BANK, N, A. FIINNSYLVANIA - Single Family - Fannie MoolFroddia Moo UNIFORM INSTRUMENT Form 3038 1101 Walters Kluwer financial Sorvices VMP � - tiSPAI to7oe�,C 1 � 1� Papb I of Is Inftfalb: I Lender is a BANK organized and existing under the laws of the U.S.A. Lender's address is 1111 POLARIS PARKWAY COLUMBUS OR 43240 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated October 6, 2 000 The Note states that Borrower owes Lender One Hundred Seventy-Five ThoUeand, six Hundred Ten and M61149 (U.S. $ 175, 6x0.00 ) plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in iilil not later than November 1, 2038 (E) "Property" means the property that is described below u nder the heading "Transfer of Rights In the Property," (F) 1 %,oan" means the debt evidenced by the Note., plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Rider" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check boa as applicable]: Adjustable Rate Rider Condominium Rider ❑ Second Home Rider Balloon Rider Planned Unit Development Rider ® 14 Family Rider VA Rider Biweekly Payment Rider other(s) [specify) (H) "Applicable Law" means all ' controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non appealable judioiai opinions. . (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. M "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is Initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account, Such term lacludes, but is not limited to, pohat -of -sale transfers, automated .toiler machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (K) "Escrow Items" means those items that are described in Section 3. (L) "MistxIIaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insursum proceeds paid under the coverages described in Section 5) for; (i) damage to, or destruction o£, the Property; (il) condemnation or other taking. of Ali or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value Padlor condition of the Property. M "Mortgage Insurance" menus insurance protecting Lender against the nonpayment of, or default on, the Loan. �nit4lr. VMP Q to7oei.ot Pat* 2 of 16 Farm 3039 1101 M 'Terlodlc Payment" means the regularly scheduled amount due for (i) primipai and interest under the Note, plus (ii) my amounts under Section 9 of this Security Instrument. (0) "REVA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2641 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 1500), as they might be amended from time to time, or any additional or successor legislation or regulation, that governs the same subject matter As used In this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. M "Su:emor in bterest of Borrower" mem any party that has taken title to the Property, whether or not that party has assumed Borrower's obligatious under the Note anWor this Security Instrument. TRANSPER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and All renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. Par this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COD'1S'iv Y ['type of Racarduig Jurisdktionl of CUMBERLAND (Name of lt=Wing JurWiation): See Attached Legal. Description which currently has the address of 90 GARFIELD DR [smut] CARLISLE [Ciyl, Pennsylvania 17015 [zfP Code) ( "Property Address "); 9 0 GARFIEL,D DR, CARLISLE, PA 17015 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, apps, and fixtures now or hereafter a pan of the property All replacements and additions shall also be covered by this Security Instrument, All. of the foregoing is referred to in this Security Instrument as the "Property." Inftlds: 1"�"cTC VMP�•titFAla�os:.ot pAge3ofIs Form 3039 1101 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real . property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment of IPcincipal, Interest, Ksi"w Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fonds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency, However, if any check or other Instrument received by Lender as payment under the Note or this Security Instrument Is returned to Leader unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the followings forms, as selected by Lender (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or oashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deamed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions In Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current, Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted, If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unappiied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to.the outstanding principal balance under the Vote Immediately prior to foreclosure, No offset or claim which Borrower might have now or in the future against I.ender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. Z. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order In which it became due, Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, If bender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be lnUm VMPS -SiM moewi Form 3039 1101 paid In full. To the extent that any excess exists after the payment Is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the duo date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the None, until the Note Is paid In full, a. sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments .and other items which can attain priority over this Security Instrument as . a lion or encumbrance on the Property; (b) leasehold payments or ground roots on the Property, if any; (e) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Rents." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Items, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Leader receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" Is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Leader all P us b, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds In an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximata amount a lender can require under RESPA. Fender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in at institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender sh U not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest tnittat"i VMP6,61PAhmisi.at pwd5 of Is Form 3039 1101 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there b it surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but In no more than 12 monthly payments. If there is a deficiency of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all stuns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lams. Borrower shalt pay all taxes, assessments, charges, fines and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground routs on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items an Escrow Items, Borrower shall pay them in the manor provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Leader, but only so long as Borrower is performing such agreement; (b) contests the Hen in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the.. lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lion to this Security Instrument, If Lender determines that any part of the Property is subject to a lion which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lion. Within 10 days of the dato on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by bender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either; (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time romappings or shallar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency In connection with the review of any flood zone determination resulting from an objection by Borrower, VMP O -G(PA) lorosim Page 0 of 16 \, Form 3039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase my particular type or amount of coverage. Therefore, such coverage shall cover Leader, but might or might not protect Borrower, Borrower's equity In the Property, or the contents of the Property, against any risk, hazard or liability and might, provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lander under this Section S shall become additional debt of Bowower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Leader's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurancee oarrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any Insurance proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is economically :Feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the worst has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to he paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied In the order provided for in Section 2. If .Borrower abandons the Property, Leader may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, than Lender may negotiate and settle the claim. The 34-d4y period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the itrsurance either to repair or restore the Property or to pay amiaunts unpaid under the Note or this Security Instrument, whether or not then due. VMP a -G(PA) (oro9)m Page 7 of 10 Form 3039 1101 G. Oempancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continuo to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; InspeWoos. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing In the Property, Borrower shall main In the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it Is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property .if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds arc paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only If Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work Is completed, If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or Its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default If, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) In connection with the Loan. Material representations Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest 6a the Property and Rights Under dais Security Inahmment, if (a) Borrower fails to perform the covenants and agreements contained In this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security instrument or to enforce laws or reguladow), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, Including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Leader's actions can include, but are not limited to; (a) paying any sutras secured by a lion which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, Including Its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change lochs, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Iftiftc. VMP®- BSPAiroroei.oi a.oa oaf 1s Form 3039 1101 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 'These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting pa If this Security Instrument is on a leasehold Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold ail the fee title shall not mergo unless Lender agrees to the merger in writing. 10, Mortgage IInsurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect, If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage .insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain covera substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be nonrefundable, notwithstanding the fact that the Loam is ultimately paid In full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require lass reserve payments If Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again bocames available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making cite I.oap and Borrower was required to tnako separately designated paytnsats toward the premiums for Mortgage Insurance, Borrower shall pay the premiums requited to maintain Mortgage Insurance in effect, ar to provide refundable toes 1089 reserve, until Lender's roquirem t for Mortgage Insurance ends is accordance with a� written agreement between Borrower and Lender providing for such termination or undl termination is required by Applicable Law. Nothing in this Station 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Nona) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insnranoe. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other that share or modify their risk, or reduce losses. These agreemeuts ate on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, anther insurer, any roinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from. (or might be characterized as) a . portion of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affillate of Lender takes a share of the .insurer's risk in exchange for a share of the prenxiutne paid to the insurer, the arcangemaut is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the mount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any ref rod, Mail; VMP 0-6(PA) tmo4wi Pao a of 16 Form 3039 1101 (b) Any such agreetuents will not affect the rights Borrower has - if any - with respect to the Mortgage Irimm nee under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain carteellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the thus of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to bold such Miscellaneous Proceeds until Lender has had on opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Low requires interest to be paid on such Miscellaneous Proceeds, Leader shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds, If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total tatting, desttttctlon, or loss In value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial tatting, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the stems secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property Immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the same secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lendcr to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due, "Opposing Party " means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower bas a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under. this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be iru,>,: VMP VAPA) mosp i P40610of I Form 3030 1101 dismissed with a ruling that, in Lender's Judgment, precludes forfeiture of the Property or other material Impairment of Lender's interest In the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest In the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that arc not applied to restoration or repair of the Property shall be applied In the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Saccessora in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the autos secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount than due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. dohlt and several Liability; Co- signers; successors and Assigns Hotrod. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Imstrwmeat but does not execute the Note (a *co-signer"): (a) is co-signing this Security Instrument only to mortgage, giant and convey the co- signer'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 Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument, Borrower shall not be released from Borrower's obligations and liability sunder this Security Instrument unless Lender agrees to such release In writing. Tbv covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed In connection with Borrower's default,. for the purpmo of protecting Lender's interest in this Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a speoif(c fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly ohibited by this Security Instrument or by Applicable Law. If the Loan is subject to it law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any auras already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the Principal owed under the Note or by making a direot payment to Borrower. If a refund reduces principal, ,the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided far under the Note), Borrower's acxagtance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices, All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to VMP G -S(PA) (0708).401 Pape 11 of 16 perm 3039 1 M have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to Any one Borrower shall constitute notice to 41 Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lauder shall be given by delivering it or by mailing it. by first class mail to L.audoes address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be doomed to have beets grvon to Lender until actually received by Leader. If any notice required by this Security Instrumenx is also required under Applicable Law, the Applicable Law requirament will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; 5everabllity; Rules of Construction. This Security Lustrumant shall be governed by federal law and the law of the jurisdiction in which the Property is located. Ali rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Apppplicable Law. Applicable Law t explicitly or implicitly allow the parties to agree by contract or it m ght be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Now conflicts with Applicable Law, such conflict .shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrutttent: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the famininc gender; (b) words in the singular shall mean and include the plural and vice versa; and (o) the word "tray" gives sole discretion without any obligation to take any action. , 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Wekest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, instalment sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower Is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,. Lender may require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if Bach exeroise is prohibited by Applicable Law, If Lender exercises this option, bender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the data the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Aceelemtion. If Borrower meats certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;. or (c) entry of a judgment enforcing this Security Instrument. 'Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument rmd the Now as if no acceleration had ooeurred; (b) cures any default of any other covenants or VMP 0 4HPA) (o7oswi Pace 12 of 16 Form 3039 1101 agreements; (c) pays all expenses Incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Leader: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument). can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Sarvicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, aad Applicable Law. Theca also might be one or more changes of the Loan Servicer unrelated to a We of the Note. If there Is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note Is sold and thereafter the Loan is serviced by a Loan Servicor other than the purchaser of the Note• the mortgage loan servicing obligations to Borrower will retrain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified tho other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasouable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity. to was given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21, Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and tare following substanccs:.gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Envkounwntal Law" moans federal taws and laws of the jurisdiction where the Property is located that relate to health, safoty or environmental protection; (c) "Environmental Clamp" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. inhl•d• VMP 0- 6tPA110708),01 Form 3039 1101 f ' Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow aa�yone else to do, anything affacdn� the Property (a) that is in violation of any Environmental Law, (b) which creates an I;nvlronraental Condition, or (c) whfoh, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shalt not apply to the p�sanae, use, or atarage on the Prope of small quantities of Hazardous Substances lust are generally recognized to be appropriate to normal residential uses and to maxntsivattce of the Property (including, but not litnitecl to, iia rdaus substances in consumer products). Borrower shall promptly give Lender written notice of (a) 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 Bnvironmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of it Hazardo Substaum which adversely affects the value of the Property. If Borrower learns, or is notified f of S or r egulatory authority, , or any private party, that any removal or other remediation o any azar affecting Property is uecassary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lander for are Environmental Clean NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22, Acceleration; Remedies. Lender shall give notice to Borrower prior to aooelaadon following Borrower's breach of any covenant or agreement In this Security In u ument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise), Lender shall notify Borrower of, among other tbings: (a) the default; (b) the action required to can the default; (c) when the default must be cured; and (fl) that failure to titre the default as specified may result in acceleration of the sums secured by this Security Inshument, foreclosure by judicial proceeding and sale of the Property. Lender shall farther inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the »on- existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at Its option may require immediate payment In ;?till of all Buns s ecured by this Security laatruunent without Marthm demand and may roreclose this Security Instrument by judicial proceeding Lender shaft be entitled to collect all expenses incurred In pursuing the remedies provided In this Section 22, including, but not Ilmlted to, attorneys' fees and casts of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all 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 fee is paid to a third party for services rendered and the charging of tho fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment; levy and sale, and homestead exemption. 25. Reinstatement period. Borrower's time to reinstate provided its Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 24, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage, 27. bitterest Rate After Judgment, Borrower agrees that the interest rate payable after a judgment is entered on the Note or its an action of mortgage foreclosure shall be the rate payable from time to time under the Note. VMP 6 -6(PA) comaim Paco 14 at 10 Fo 3039 1101 This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witmses: (Seal) WITNESS -Borrower ..�.. ._ (seal) W tTESS -Borrower (Seal) (Seal) DAVID W V=CHLBR - Borrower Eorrowor (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrowor Borrower VMP l3 •$(PA) toioe).ot P.ao Is or t o Form 3039 1101 C OMMONWEALTH OF PENNSYLVANIA, � � (�,� County sst On this, the 6th day of OCto ber, 2008 , before me, the undersigued officer, personally appeared DAVID W MUTCHLER known to me (or satisfactorily proven) to be the porson(s) whose name(s) islare subscribed to the wldit iastrumant and acknowledged that helshelthey executed the same for the purposes heroin contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires; C TH OF PENNSYLVANIA ' Notatlat � 'T`we of Officer Ctatli�le Bw% Cumbadand County MY Omuft m ggko Oct 3, 2012 Member, neylvanlaAaaoclat on of NOWN Callficate of Reaideace , I, 2p et.. ' , cGc�..., , da hereby certify that the correct address of the within -named Mortgagee is V g e q n4t",, � o 1 �-j 4 ", : +�X /q y4 t Witness m hand this to " day of cA. 0 Agent of Mortgaseo IMtWr, VMP IP-6(PA) {07014.01 p.Qe 18 of fe Farm 3039 1101 SCHEDULE C Legal Description Commitment Number: 4725 TRACT NO. I ALL that certain lot of ground located on the Eastern side of a proposed Forty (40) foot street to be known as Garfield Drive In South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern side of said street, which point Is two hundred thirty four and twelve hundredths (234.12) feet south of the centerline of the Walnut Bottom Road, measured on a course bearing South Forty -one (41) degrees Thirty (30) minutes East; thence along the eastern side of said street on said Course, one hundred '(100) feet to a point at line of land theretofore conveyed to Edward L. Snyder; thence by said lands, North thirty eight (38) degrees Thirty (30) minutes East, Two Hundred Forty (240) feet to a point at line of lands of Roy H. Wenger, thence by said Wenger lands, North Forty -one (41) degrees Thirty (30) minutes West, One Hundred (100) feat to a point at line of lands theretofore conveyed by Annie E. Snyder and husband to Lynn Bittner and wife; thence by said Bittner property and other properly of Annie E. Snyder and husband, South Forty eight (48) degrees Thirty (30) minutes West, Two Hundred Forty (240) feet to the. Place of BEGINNING. IRMT NO.2 ALL that certain lot of ground located in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Garfield Drive (40 feet wide),'which point Is 334.12 feet from the center of the Walnut Bottom road, measured along a course bearing South 41 degrees 30 minutes East; thence along the East side of said Garfield Drive and along said last mentioned course 50 feet to a point; thence along land about to be conveyed to Robert T. Mehring, et ux., North 48 degrees 30 minutes East 240 feet to. a point; thence along land now or formerly of r. H. Wenger, North 41.degrees 30 minutes West 60 feet to a point; thence along land of Ross L. Shuler, et ux,. South 48 degrees 30 minutes West 240 feet to a point, the Place of BEGINNING. STEWART TITLE OVARANTY COMPANY VA GUARANTEED LOAN AND ASSUMPTION POLICY R1DM NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS ' AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 5th day of . October 2008 , and Is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (heroin "Security Instrument ") dated of even date herewith, given by the undersigned (herein "Borrower ") to secure Borrower's Note to JkMORGAN CHASE BANK, N.A. organized and existing under the laws of the U.S.A. (herein "Lender ") and covering the Property described In the Security Instrument and located at 90 GARFIELD DR, CARLISLE, PA 17015 (Property Address) VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender, Any provisions of the Security instrument or other instruments executed in connection with said indebtedness which are Inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such Instruments to said Title or Regulations. MULTISTATE VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER dib-53OR (0405) 41n Aage 1 of 3 Initials: VMP Mortgage Solutions, (8()0)621 -7281 LATE CHARGE; At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4%) of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra expense Involved in handling delinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire Indebtedness and all proper costs and expenses secured hereby. GUARANTY; Should the Department of Veterans Affairs fail or refuse to Issue its guaranty in full amount within 80 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits," the Mortgagee may declare the Indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: This loan may be declared Immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan.is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized. transfer ( "assumption ") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUME110N FUNDING FgE A fee equal to One -half of 1 percent { .50 %) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear Interest at the rate herein provided, and, at the option of the payee of the Indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee. is automatically waived If the assumer is exempt under the provisions of 38 U.S.C. 3729(c). (b) ASSUMPTIObl EROCE5SING ARGE Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer Is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. (o) A§ UMP11j2 N, INDEMNITY LIABILITY if this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under tho terms of the Instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the Indebtedness created by this instrument. Initials: -538R (0405) Page 2 of 3 IN WITNESS WHEREOF, Borrowerjs) has executed this VA Guaranteed Loan and Assumption Policy Rider. I/ I I d ' a f "' p CHLER - Borrower - Borrower - .Borrower - Borrower - Borrower - Borrower - Borrower - Borrower 4R-638R (0405) Page 3 of 3 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE - CARLISLE, PA 17013 717 - 240 -6370 Instrument Number - 200833628 Recorded On 10/7/2008 At 2:45:15 PM * Total Pages - 21 * Instrument Type - MORTGAGE Invoice Number - 30287 User ID - JM * Mortgagor - MUTCHLER, DAVID W * Mortgagee - J P MORGAN CHASE BANK N A * Customer - R IRWIN * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCRSS TO $10.00 4TUSTICE DO NOT DETACH RECORDING FEES $45.50 RECORDER OF DEEDS PARCXL CERTIFICATION $10.00 This page is now part FEE of this legal document. ArrORDABLR HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $80.50 I Certify this to be recorded in Cumberland County PA RECORDER O D 13S "- Information denoted by an asterisk may change during the verification process and may not be reflected on this page. I 001ANS !II IIII�I II III I �� �I��� III �II IMI�A NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. October 6, 2008 PA [Date] [City] [state] 90 GARFIELD DR, CARLISLE, PA 17015 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 175, 610.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is JPMORGAN CHASE BANK, N.A. organized and existing under the laws of the U.S.A. I will make all payments under this Note in the form of cash, check or money order. . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of Six and One -15alf The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of thjs Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the First day of each month beginning on December 1, 2008 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on November 1, 2038 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. BOX 78420 PHOENIX, AZ 85062-8420 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1, 10 9. 97. One Thousand, One Hundred Nine and 97/100 4. BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or $100.00, whichever is less. Any Prepayment in frill of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier. PENNSYLVANIA FIXED RATE NOTE- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Amended for Veterans Affairs Form 3200 1/01 Amended 6100 Wolters Kluwer Financial Services VMP 5G(PA) 10707) PaOe 1 of 3 Initia d �,•• - -, 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. - 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4 % of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by fast class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by fist class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. 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. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 3 1/01 VMP Q - 5G(PA) (0707) Pago 2 of 3 initials: 10. ALLONGE TO THIS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note A if the allonge were a part of this Note. [Check applicable box] ❑ Graduated Payment Allonge ❑ Other [Specify] ❑ Other [Specify] 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Regulations (38 G.P.R. Part 36) issued under the Department of Veterans Affairs ( "VA ") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern, the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) DAVID V VW f CHL§R - Borrower - Borrower (Seal) - Borrower 6Y e �ia��ornel�ss�s':�ntS�r�a�Y Alec (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower [Sign Original Only] VMP ® - 5G(PA) (07071 Page 3 of 3 Form 3200 1101 Chase (FL5 -7734) CHASE ! 1 P.O. Box 44090 Jacksonville, FL 32231 -4090 7190 1075 4460 2856 4544 September 30, 2013 00007737 HOLO CC 27613 -BR860 DAVID W MUTCHLER 8465 SICKLE RD BATH, PA 18014 -9170 EX1it4 '4i� Chase (FL5 -7734) CHASE ! i P.O. Box 44120 Jacksonville, FL 32231 -4120 7190 1075 4460 2856 4544 September 30, 2013 CERTIFIED MAIL: Return Receipt Requested and First Class Mail 00007737 HDLO CC 27613 -BR860 DAVID W MUTCHLER 8465 SICKLE RD BATH, PA 18014 -9170 Act 91 Notice Account: the "Loan ") Property Address: 90 GARFIELD DR CARLISLE, PA 17015 (the 'Property") Dear DAVID W MUTCHLER: On the following page, you will find a notice regarding your home as required by Pennsylvania law. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSU CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS O THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Age ncies serving your County are listed at the end of this Notice. If you have any ques you may call the Pennsylvania Housing Finance Agency toll -free at 800 - 342 -2397. (Persons with impaired hearing can call 717- 780 - 1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DAVID W MUTCHLER PROPERTY ADDRESS: 90 GARFIELD DR CARLISLE, PA 1701.5 LOAN ACCOUNT NUMBER: ORIGINAL LENDER: JPMORGAN CHASE BANK NA CURRENT LENDER/SERVICER: JPMorgan Chase Bank, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time, you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseliniz agencies for the coin in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YO U SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HA VE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STAR TING A FORECLOSURE A CTION A GAINST YOUR PROPERTY, AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The mortgage debt held by the above lender on your property located at: 90 GARFIELD DR, CARLISLE, PA 17015 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/2013 $1,305.28 09/01/2013 $1,305.28 Other charges: Late Charges: $156.63 Insufficient Funds (NSF) Fees: $0.00 Other Fees: $0.00 Advances: $0.00 Amount Held in Suspense: $0.00 TOTAL AMOUNT PAST DUE: $2,767.19 HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,767.19, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) -DAY PERIOD. Payments must be made by cash cashier's check, certified check or money order made payable and sent to Overnight /Regular Mail: Chase Mail Code: OH4 -7133 3415 Vision Drive Columbus, OH 43219 -6009 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortaaa debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortaaaed Property IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) -DAY period you will not be required to pay attorney' fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) -DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender, and by performing any other requirements under the mortgage Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately five to six (5 to 6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Chase Address: Mail Code: OH4 -7384 3415 Vision Drive Columbus, OH 43219 Telephone Number: 800 - 848 -9380 Fax Number: 614 - 5004605 Contact Person: Bruno Mejia E -mail Address: state.programs.intake @jpmchase.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You X may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Advantage Credit Counseling Service /CCCS of 888- 511 -2227 2000 Linglestown Road Harrisburg 17102 Western PA Community Action Commission of Capital 717- 232 -9757 1514 Derry Street Harrisburg 17104 Region Housing Alliance of York/Y Housing Resources 717 - 855 -2752 290 West Market Street York 17401 Maranatha 717- 762 -3285 43 Philadelphia Avenue Waynesboro 17268 Pennsylvania Interfaith Community Programs, 717 -334 -1518 40 E. High Street Gettysburg 17325 Inc. PHFA 717 - 780 -3940 211 North Front Street Harrisburg 17110 800 -342 -2397 Rev. 10/12 1FM646 We are attempting to collect a debt, and any information obtained will be used for that purpose. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secured party retains rights under its security instrument, including the right to foreclose its lien. IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are or recently were on active duty or active service, you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or eviction. You may also be eligible for benefits and protections under state law. SCRA and state Military benefits and protections also may be available if you are the dependent of an eligible Servicemember. Eligible service may include: Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or Active service as a commissioned officer of the Public Health Service, or Service with the forces of a nation with which the United States is allied in a war or Military action, or Service with the National Guard of a state militia under a state call of duty, or Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause. For more information, please call Chase Military Services at 877 - 469 -0110. AN IMPORTANT REMINDER FOR ALL OUR CUSTOMERS As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams should be reported to PreventLoanScams.org, or by calling 888- 995 -HOPE; 888 - 995 -4673. We offer loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at 866 -550 -5705 to discuss your options. The longer you delay, the fewer options you may have. BR860 Chase (FL5 -7734) CHASE P.O. Box 44090 Cho Jacksonville, FL 32231 -4090 7190 1075 4460 2856 4537, September 30, 2013 00007740 HDLO CC 27613 -SR860 DAVID W MUTCHLER 90 GARFIELD DR CARLISLE, PA 17015 Chase (FL5 -7734) CHASE P.O. Box 44120 Chl Jacksonville, FL 32231 -4120 7190 1075 4460 2856 4537 September 30, 2013 CERTIFIED MAIL: Return Receipt Requested and First Class Mail 00007740 HOLO CC 27613 -BR660 DAVID W MUTCHLER 90 GARFIELD DR CARLISLE, PA 17015 Act 91 Notice Account: the "Load') Property Address: 90 GARFIELD DR CARLISLE, PA 17015 (the 'Property") Dear DAVID W MUTCHLER: On the following page, you will find a notice regarding your home as required by Pennsylvania law. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUME CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, y ou may call the Pennsylvania Housing Finance Agency toll -free at 800 - 342 -2397. (Pe rsons with impaired hearing can call 717- 780 - 1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL VAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DAVID W MUTCHLER PROPERTY ADDRESS: 90 GARFIELD DR CARLISLE PA 17015 LOAN ACCOUNT NUMBER: ORIGINAL LENDER: JPMORGAN CHASE BANK NA CURRENT LENDER/SERVICER: JPMorgan Chase Bank, N.A. • 1 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time, you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT A PPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consume credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HA VE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY THREE (33) DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PHFA WITHIN THIRTY (3 0) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTIONAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The mortgage debt held by the above lender on your property located at: 90 GARFIELD DR, CARLISLE, PA 17015 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/2013 $1,305.28 09/01/2013 $1,305.28 Other charges: Late Charges: $156.63 Insufficient Funds (NSF) Fees: $0.00 Other Fees: $0.00 Advances: $0.00 Amount Held in Suspense: $0.00 TOTAL AMOUNT PAST DUE: $2,767.19 HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,767.19, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) -DAY PERIOD. Payments must be made by cash cashier's check, certified check or money order made payable and sent to Overnight/Regular Mail: Chase Mail Code: OH4 -7133 3415 Vision Drive Columbus, OH 43219 -6009 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortga debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property a { � IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) -DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) -DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender, and by performing any other requirements under the mortgage Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately five to six (5 to 6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Chase Address: Mail Code: OH4 -7384 3415 Vision Drive Columbus, 01143219 Telephone Number: 800 - 848 -9380 Fax Number: 614- 5004605 Contact Person: Bruno Mejia E -mail Address: state .programs.intake @jpmchase.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You X may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Advantage Credit Counseling Service /CCCS of 888 -511 -2227 2000 Linglestown Road Harrisburg 17102 Western PA Community Action Commission of Capital 717 - 232 -9757 1514 Derry Street Harrisburg 17104 Region Housing Alliance of York/Y Housing Resources 717 - 855 -2752 290 West Market Street York 17401 Maranatha 717 - 762 -3285 43 Philadelphia Avenue Waynesboro 17268 Pennsylvania Interfaith Community Programs, 717 - 334 -1518 40 E. High Street Gettysburg 17325 Inc. PHFA 717 - 780 -3940 211 North Front Street Harrisburg 17110 800 -342 -2397 Rev. 10/12 FM646 We are attempting to collect a debt, and any information obtained will be used for that purpose. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney's name, address, and telephone number. To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secured party retains rights under its security instrument, including the right to foreclose its lien. IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are or recently were on active duty or active service, you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or eviction. You may also be eligible for benefits and protections under state law. SCRA and state Military benefits and protections also may be available if you are the dependent of an eligible Servicemember. Eligible service may include: Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard, or Active service as a commissioned officer of the National Oceanic and Atmospheric Administration, or Active service as a commissioned officer of the Public Health Service, or Service with the forces of a nation with which the United States is allied in a war or Military action, or Service with the National Guard of a state militia under a state call of duty, or Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause. For more information, please call Chase Military Services at 877 - 469 -0110. AN IMPORTANT REMINDER FOR ALL OUR CUSTOMERS As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Loan modification scams should be reported to PreventLoanScams.org, or by calling 888- 995 -HOPE; 888 - 995 -4673. We offer loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at 866 -550 -5705 to discuss your options. The longer you_ delay, the fewer options you may have. BR860 Pennsylvania Verification Kathryn Coffee -House , hereby states that h sh 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 falsifi tion to authorities. a n offee - House Vice Preside t Date: 1 o JPMorgan 6hasi Bank, N.A Borrower: Mk'"kf p � Property Address: 9 4(Q 5 e� D 4 &�W IO County: rY Last Four of Loan N umber: z 3 37 FORM 1 IN THE COURT OF COMMON PLEAS OF JPMorgan Chase Bank, National Association CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) , David Mutchler a/k/a David W. Mutchler� 8465 Sickle Road Bath, PA 18014 DEFENDANT tµ )13- �rM . Defendant �7� Civil --j �• °� 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, S / 4APIRO & DeNARDO, LLC U_ ? Date orneys r P1 'ntiff CAPPLIN M. D LLY, ESQUIRE FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FINANCIAL INF ORMATIO 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 ❑ a 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 Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. Payment Install. Loan Payment Cable TV Child 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 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH ORIZATIO N I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating m financial situation for possible mortgage options. I /We understand that I /We am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) t. • j FORM 3 IN THE COURT OF COMMON PLEAS OF 7PMorgan Chase Bank, National Association CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vS. David Mutchler a/k/a David W. Mutchler 8465 Sickle Road Bath, PA 18014 DEFENDANT 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 i ♦ 9 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 (2 1) days prior to the date of the Conciliation Conference, the defendant borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the 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. SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED Ronny R Anderson :-" i'c `';Jr` s E ,II I Sheriff Cf J L\ Y i°pcttartGse °g�Q Jody S Smith F I I F; f �C Chief Deputy CUM ERL,NO COUNTY Richard W Stewart PENNSYLVANIA ��'" JPMorgan Chase Bank, National Association Case Number vs. 2013-7702 David Mutchler SHERIFF'S RETURN OF SERVICE 12/31/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: David Mutchler, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Northampton, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 01/30/2014 11:00 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Northampton County upon April Marino, Daughter, who accepted for David Mutchler, at 8465 Sickle Road, Bath, PA 18014. Randall P. Miller, Sheriff, Return of Service attached to and made part of the within record. 02/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found" at 90 Garfield Drive, South Middleton Township, Carlisle, PA 17015. Nine attempts at service were made before the paper expired. SHERIFF COST: $69.34 SO ANSWERS, • February 05, 2014 RON Y R ANDERSON, SHERIFF C 7 Northampton County _. Sheriffs Department ORDER FOR SERVICE REQUEST 669 Washington St, Easton, PA 18042 610-559-3084 1) ALL information in the"Plaintiff/Attorney"section MUST be filled in completely and LEGIBLY before service can be attempted. 2) Prepare a separate"Order For Service Request"form for EACH service to be , made clearly indicating the specific defendant,garnishee,property to be posted/levied/etc.. 3)Location of service MUST be a valid,PHYSICAL,street address. "P.O."or "R.D."boxes will NOT be accepted. Provide-include actual municipality if different from"Post Office"mailing city. 4)All copies for service must be certified by Plaintiff/Attorney as"True&Correct" in accord with Pa.R.C.P.401(c). 5)All service shall be made in accordance with the Pennsylvania Rules Of Civil Procedure. SHERIFF-CIVIL DIVISION SHERIFF'S OFFICE 6)Supply a self-addressed,stamped,envelope for Sheriffs Return of Service. TIME STAMP 7)When the Sheriff levies or attaches property,it will routinely be left without watchman,in the custody of whomever found,upon notice of Sheriffs Levy. By signature below,the Plaintiff/Attorney are providing written authorization for same in the manner of Pa.R.C.P.3109(b)(1),releasing the Sheriff from any/all liability for protecting same. If Plaintiff/Attorney demand otherwise,in the manner of Pa.R.C.P.3109(a),the Sheriff will require bond or security in the manner of Pa.R.C.P.3109(d)in advance. PLAINTIFF(S): Flier - !a Chase Sc#'lc DEFENDANT(S): rr Da✓i v-Ic1Cr SERVE UPON: M LOCATION: **NO P.O.BOX OR R.D.** Paid l 1l v t� jet 8 f tc5 .5;�k to cead E,� •AI l� TYPE OF WRIT: L glq, A PLAINTIFF/ATTORNEY NAME,ADDRESS,EMAIL,PHONE: PLAINTIFF/ATTORNEY SIGNATURE: C/rbiffrti 64,11 SPECIAL INSTRUCTIONS: ..., P .. a, srz„�_ �o- - sws ?. ;..17d, ZZE C ,a=,.,,. v ZM ,. NS.`4V. m S nt g,__.iNde. DOCKET NUM R: LAST DAY FOR SERVICE:VICE: FEES — 77 P� r IIJ�rJ l °7 I/ / Y ". 2 INDIVIDUAL SERVED: .) � �� O J�G� DATE , KK/,J 1ClTOF:/ TIME LOCATION:(IF DIFFERENT FROM ABOVE) ( )BOROUG OF ()TOWNSHIP OF: SERVED IN THE FOLLOWING MANNER: ( )Defendant personally served ( )Not Found ( )Moved ( )No Answer ( )Vacant ( )Unknown XAdult family member with whom said defendant resides PA Lt,L ,� Al 1 ( )Adult in charge of defendant's residence y�J Na L N ( )Manager/Clerk of place of lodging in which defendant resides ( )Agent or person in charge of defendant's office or usual place of business ( )Officer of said defendant company ( )Posted property ( )Levy on property ( )Other: SO ANSWERS: RANDALL P.MILLER SHERIFF OF NORTHAMPTON COUNTY I hereby deputize the Sheriff of County,to execute and make a return on the above and attached action according to law. ,z, Id 01 Rep rty heriff Badge# Sheriff of Northampton County Date I accept service of the on behalf of and certify that I am authorized to do so. (Mailing Address) (Defendant of Authorized Signature) Date: Time: Dep: Notes: Date: Time: Dep: Notes: Date: Time: Dep: Notes: Date: Time: Dep: Notes: ORDER FOR SERVICE REQUEST NCSD FORM#138/rev.AUG2013 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044541 JPMorgan Chase Bank, National Association PLAINTIFF VS. David Mutchler ailea David W. Mutchler DEFENDANT NO:13-7702 "11 -zc) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $174,710.23 in favor of the Plaintiff and against the Defendant, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid Interest Accrued Late Charges Escrow Advances Property Inspection Attorney Fees & Costs of Foreclosure TOTAL rBY: .404 13 • L» -11 oltNi3, ESQUIRE Attorney for Plaintiff AND NOW, judgment is entered in gavor of laintiff and again the fend and damages are assessed as above in the sum of$174;11-0:23. $165,246.55 $7,160.72 $261.05 $693.16 $28.00 $1,320.75 $174,710.23 13-044541 ,t71 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044541 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13-7702 David Mutchler a/k/a David W. Mutchler DEFENDANT CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, March 18, 2014 to the following Defendants: David Mutchler a/k/a David W. Mutchler, 8465 Sickle Road, Bath, PA 1A8014 ( Megh n Williams, Legal Assistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO.311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044541 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 13 -7702 David Mutchler a/k/a David W. Mutchler DEFENDANT NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: David Mutchler a/k/a David W. Mutchler DATE OF NOTICE: March 18, 2014 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFI.CACION IMPORTANTE. Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion:, el tribuna podra, sin necesidad de cornpararecer usted in corte escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 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. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: David Mutchler a/k/a David W. Mutchler, 8465 Sickle Road, Bath, PA 18014 Date: BY: SHAPIRO & DeNARDO, LLC A orneys for Plain CAII LIN NI.DOZ•41,',ELLYt ESQL SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY J.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY L D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044541 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY David Mutchler a/k/a David W. Mutchler DEFENDANT NO:13-7702 CERTIFICATE OF SERVICE I, Bradley J Osborne, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: David Mutchler a/k/a David W. Mutchler, 8465 Sickle Road, Bath, PA 18014 Date Mailed: Date: /2) BY: SHAPIRO & DeNARDO, LLC s for Plaintiff ORNE, ESQUIRZ SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044541 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY David Mutchler a/k/a David W. Mutchler DEFENDANT NO:13 -7702 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: JPMorgan Chase Bank, National Association c/o CHE - JPMorgan Chase Bank, National Association 3415 Vision Drive Columbus, OH 43219 and that the last known address of the judgment debtor (Defendant) is: David Mutchler a/k/a David W. Mutchler 8465 Sickle Road Bath, PA 18014 Date: 3 at i(-1 13- 044541 BY: SHAPIRO & DeNARDO, LLC rneys for Plaintiff J. OSBORNE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 David D. Buell Prothonotary TO: David Mutchler a/k/a David W. Mutchler 8465 Sickle Road Bath, PA 18014 JPMorgan Chase Bank, National Association PLAINTIFF VS. David Mutchler a/k/a David W. Mutchler DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 13 -7702 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. David D. Buell Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BRADLEY J OSBORNE AT (610)278 -6800. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044541 JPMorgan Chase Bank, National Association COURT OF COMMON PLEAS 3415 Vision Drive CUMBERLAND COUNTY Columbus, OH 43219 PLAINTIFF 13 -7702 VS. David Mutchler a/k/a David W. Mutchler DEFENDANT(S) STATE OF: Pennsylvania COUNTY OF: Montgomery AFFIDAVIT OF NON - MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he /she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants, last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Date: Sworn to and subscribed before me this 2D day otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Denise L Semetti, Notary Public Upper Merlon Twp., Montgomery County My Commission Expires July 22, 2014 Member. Pennsylvania Association of Notaries , 2014. BY: SHAPIRO & DeNARDO, LLC Atto%eys for Plaintiff CAITLIN M. DONNELLY, ESQUIRE Department of Defense Manpower Data Center Results as of : Mar-28-2014 05:22:20 AM Status Report Pursuant to Servicemember Civil Relief Act Last Name: MUTCHLER First Name: DAVID Middle Name: Active Duty Status As Of: Mar -28 -2014 SCRA 3.0 On Active Duly On Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA'' . r' - No 1 NA This response reflects the individuals' stave duty status based on the Active Duly Status Date Left Active Duty Within 367 Dys of Active Duty Status Date Active Duty Start Data Active Duty End Date Status Service Component NA NA . No NA This re ponse reflects where the IndMdual left active duty status within 367 days preceding the Active Duty Status Data The Member or His /Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA ,No NA This response reflects whether the Individual or his/herunit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense(DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. Thtmmstrongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousan s of "does not possess any information indicating that the individual is currently on active duty" responses, s, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCFtA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "d*mnvnnnk.mn^VnL.:hop:x~ww.oemnvannx.mimmn/pis/pcoynLon.mm/. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecu ve day in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPA5). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage unde the SCRA is broade in some cases and includes some categories of persons on active duty for purpos s of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services pnnuoo Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protec ons are based hav not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urge to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: Q8U205973079160 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: JPMorgan Chase Bank, National Association PLAINTIFF VS. David Mutchler, a/k/a David W. Mutchler DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment ( ) Other File No. )q-110a Amount Due $174,710.23 Interest March 1, 2014 to September 3, 2014 is $5,818.13 , Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit Date: 3' A- I lOg Sbpd aL- eBr 4 'Dig I PC1 Signature: / Print Name: GY-11- Address: Ceri Horizon Drive, Suite 150 ng of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 312169 J Osborne a. so, co,./t/biedw 124,fr3b3by...3 j_SSue- SHAPIRO 86 DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S 86D FILE NO. 13-044541 JPMorgan Chase Bank, National Association PLAINTIFF VS. David Mutchler a/k/a David W. Mutchler DEFENDANT 1 HE l'it;.)T1-10;40TAr. , 21114 MAR 31 AM 10: 35 CIRI3EiRLANCI COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 13-7702 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, National Association, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 90 Garfield Road, Carlisle, PA 17015. Name and address of Owner(s) or Reputed Owner(s) David Mutchler a/k/a David W. Mutchler 8465 Sickle Road Bath, PA 18014 2. Name and address of Defendant in the judgment: David Mutchler a/k/a David W. Mutchler 8465 Sickle Road Bath, PA 18014 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: JPMorgan Chase Bank, National Association 3415 Vision Drive Columbus, OH 43219 America's First FCU 1200 4th Avenue North Birmingham, AL 35203 4. Name and address of the last recorded holder of every mortgage of record: JPMorgan Chase Bank, National Association 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 90 Garfield Road Carlisle, PA 17015 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BY: 13-044541 SHAP RO & DeNARDO, LLC y J Osborne SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044541 JPMorgan Chase Bank, National Association COURT OF COMMON PLEASc; PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY David Mutchler a/k/a David W. Mutchler DEFENDANT NO: 13-7702 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David Mutchler a/k/a David W. Mutchler 8465 Sickle Road Bath, PA 18014 Your house (real estate) at: 90 Garfield Road, Carlisle, PA 17015 40-24-0746-017 is scheduled to be sold at Sheriffs Sale on September 3, 2014 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $174,710.23 obtained by JPMorgan Chase Bank, National Association against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to JPMorgan Chase Bank, National Association the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) (5"' YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278 -6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717- 240 -6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 13- 044541 Tract No. 1 ALL that certain lot of ground located on the Eastern side of a proposed Forty (40) foot street to be known as Garfield Drive in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern side of said street, which point is two hundred thirty four and twelve hundredths (234.12) feet south of the centerline of the Walnut Bottom Road, measured on a course bearing South Forty-one (41) degrees Thirty (30) minutes East; thence along the eastern side of said street on said Course, one hundred (100) feet to a point at line of land theretofore conveyed to Edward L. Snyder; thence by said lands, North thirty eight (38) degrees Thirty (30) minutes East, Two Hundred Forty (240) feet to a point at line of lands of Roy H. Wenger; thence by said Wenger lands, North Forty-one (41) degrees Thirty (30) minutes West, One Hundred (100) feet to a point at line of lands theretofore conveyed by Annie E. Snyder and husband to Lynn Bittner and wife; thence by said Bittner property and other property of Annie E. Snyder and husband, South Forty eight (48) degrees Thirty (30) minutes West, Two Hundred Forty (240) feet to the Place of BEGINNING. Tract No. 2 ALL that certain lot of gound located in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Garfield Drive (40 feet wide), which point is 334.12 feet from the center of the Walnut Bottom road, measured along a course bearing South 41 degrees 30 minutes East; thence along the East side of said Garfield Drive and along said last mentioned course 50 feet to a point; thence along land about to be conveyed to Robert T. Mehring, et ux., North 48 degrees 30 minutes East 240 feet to a point; thence along land now or formerly of R. H. Wenger, North 41 degrees 30 minutes West 50 feet to a point; thence along land of Ross L. Shuler, et ux., South 48 degrees 30 minutes West 240 fet to a point, the Place of BEGINNING. PARCEL No. 40-24-0746-017 BEING the same premises which Ross L. Shuler and Betty R. Shuler, his wife, by Deed dated October 3, 2008 and recorded October 7, 2008 in the Cumberland County Recorder of Deeds Office as Deed Instrument No. 200833627, granted and conveyed unto David W. Mutchler. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net JPMORGAN CHASE BANK, NATIONAL ASSOCIATION Vs. NO 13 -7702 Civil Term CIVIL ACTION — LAW DAVID MUTCHLER A/K/A DAVID W. MUTCHLER WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $174,710.23 L.L.: $.50 Interest MARCH 1, 2014 TO SEPTEMBER 3, 2014 IS $5,818.13 Atty's Comm: Atty Paid: $218.09 Plaintiff Paid: Date: 3/31/14 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonota Deputy REQUESTING PARTY: Name: BRADLEY J. OSBORNE, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610- 278 -6800 Supreme Court ID No. 312169 B&ft Services for Professionals Incy 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: (215) 985-0169 JPMorgan Chase Bank, ° National Association -VS- David Mutchler a/k/a David W. Mutcher COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: COURT NA P5 National Association of Philadelphia Association Professional Process Servers of Professional Process Servers Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 13-7702 AFFIDAVIT OF SERVICE B&R Control # CS112226 -1 Reference Number 13-044541 *** Special Instructions *** SERVICE INFORMATION On 10 day of April, 2014 we received the Notice of Sheriff Sale for service upon David Mutchler a/k/a David W. Mutchler at 8465 Sickle Road Bath, PA 18014 -i7 r Served Date 1(/27 �� Time In the manner described below. Personally served. Adult family member. Relationship is LX OyfM Accepted By: Aril .A441.4.1 ^. -d Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging CO Agent or person in charge of office or usual place of business Other Description of Person Age (ft, Height SI Weight g-13 nNot Served Date Other Race 1') Sex F - Not Served Information Time Moved I I Unknown I I No Answer Vacant Other The Process Server, being duly sworn, deposes and says that the facts set forth herein are true and correct to the best of their knowledge, information and belief. Process Server/Sheriffxuec� COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Eric M. Afflerbach, Notary Public Washington Township, Berks County My Commission Expires November 18, 2017 Sworn to and subscribed before me this Z3 day oof Notary Public Law Firm Phone (610)278-6800 For Meghan Williams Shapiro and DeNardo LLC 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 ServeBy Date 5/5/2014 Filed Date Sale Date 9/3/2014 ORIGINAL Civil SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 13-044541 JPMorgan Chase Bank, National Association PLAINTIFF VS. David Mutchler a/k/a David W. Mutchler DEFENDANT FILED -O F!CF W" THE PR0THO? O / f . 2414 AUG -8 PM 2: 36 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:13-7702 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, JPMorgan Chase Bank, National Association, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on July 11, 2014, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Date: 13-044541 By: SHAPIRO & DENARDO, LLC Meghan Williams Legal Assistant Name and Address of Sender Shapiro & DeNardo, LLC 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 Check type of mail or service: O Certified o COD O Delivery Confirmation o Express Mail O Insured o Recorded Delivery (International) o Registered o Return Receipt for Merchandise El Signature Confirmation Affix Stamp Here (If issued as a certificate of mailing, or for additionai copies of this bill) Postmark and Date of Receipt Article Number Addressee (Name, Street, City State, & ZIP Code) Postage Fee Handling Charge U.S. POSTAGE »PITNEY BOWES of irzmv.===r Actual Value if Registered inturdo Value milssaimir ZIP 19406 $ 001 88° 02 1161 0001387362 JUL. 11. 2014 uue encre if COD vu Fee - RR Fee Fee Fee 13-044541 MW Total Number of Pieces Listed by Sender 4 Total Number of Pieces Received at Post Office PS Form 3877, February 2002 (Page 1 of 1) Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 America's First FCU 1200 4th Avenue North Birmingham, AL 35203 Tenant or Occupant 90 Garfield Road Carlisle, PA 17015 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Post ter, Pe ,e!, re ving e oyee) omplete by Typewriter, Ink or Ball Point Pen 0 See Privacy Act Statement on Reverse 7:) Rcstticted Deli/cry etiirri Ref ceipt SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I ,LED CFFiCE SheriffQt . i E P i O J H Q Q f A F i' Jody S Smith 0,0 Chief Deputy Hill OCT 2 1 PH 2: 57 �� ��'„ Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE OE THE SHERIFF PENNSYLVANIA JPMorgan Chase Bank, National Association vs. David Mutchler A/K/A David W. Mutchler Case Number 2013-7702 SHERIFF'S RETURN OF SERVICE 06/18/2014 02:37 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 90 Garfield Road, South Middleton - Township, Carlisle, PA 17015, Cumberland County. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Christopher Denardo, on behalf of Secretary of Veterans Affairs, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,350.05 SO ANSWERS, September 18, 2014 RONN R ANDERSON, SHERIFF (c) (ourdy u: e Sheriff,'r'eleosof>. inc. a-4 9/,;2. 54; „ept 3 AD P On May 20, 2014 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Known and numbered as, 90 Garfield Road, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: May 20, 2014 By: (-Lta SU -u-64 Real Estate Coordinator SE :31 V ZE 8V1,1 tiOl Vd LXIII29 CUMBERLAND A JOURNAL - 07/18/14 Writ No. 2013-7702 Civil JPMORGAN CHASE BANK, NATIONAL ASSOCIATION DAVID MUTCHLER a/k/a David W. Mutchler Atty.: Christopher DeNardo Tract No. 1 ALL that- certain lot of: ground located on the Eastern.side of a proposed Forty'(40), foot`' street to be known as Garfield' Drive,in ;South Middleton Township, Cumberland' County, "Pennsylvania, rnor`e par ticularly bounded and described as follows: BEGINNING at a point oh the eastern' side of said street, which point is two hundred thirty four and twelve hundredths (234.12) feet south of the centerline of the Wal- nut' Bottom Road, measured on a course bearing South Forty-one (41) degrees Thirty ;(30), minutes .East; thence along the eastern'side of said street on said Course, one hundred (100) feet t6 a point at line of -land theretofore conveyed to Edward L. Snyder; thence by said lands, North thirty eight (38) degrees Thirty (30) minutes. East, Two Hundred Forty (240) feet to 'a point at Erie of lands of Roy H. Wenger; thence by said Wenger lands; -North Forty=oiie (41). degrees Thirty (30) minutes West, One Hundred feet to ,a point at line of lands theretofore conveyed by Annie E. Snyder and husband to Lynn Bittner and wife; thence by said Bittner property and other property of Annie E. Snyder and husband, South Forty eight (48) degrees Thirty (30) minutes West, Two Hundred Forty (240) feet to the Place of BEGINNING. Tract No. 2 ALL that certain lot of ground lo- cated in South Middleton Township, Cumberland County, Pennsylvania, more particularly 'bounded and de- scribed as follows: BEGINNING at a point on the East side of Garfield Drive (40 feet wide), which point is 334.12 feet from the center of the Walnut Bottom Toad, measured along a course bearing South 41 degrees 30 minutes East; thence along 'the East side of said Garfield Drive and along said last mentioned course 50 feet to a point; thence along land about to be con- veyed to Robert T. Mehring, et ux., North 48degrees ,30,minutes East 240 feet t� a point; thence along land now -or formerly of R. .H. Wenger„ North 41- degrees_ 30 minutes West 50 feet to'a point; thence along land of Rdss L.'Shuler„ et UX., South 48 , degrees 30 minutes West 240 feet ''to a point, the Place•of BEGINNING. , PARCEL No. 40-24-0746-017. ' BEING the same premises Which' Ross L. Shuler and Betty R. Shuler, his wife, by Deed dated October 3, 2008 and recorded October 7, 2008 in the Cumberland County Recorder of Deeds -Office as -Deed -Instrument No. 200833627, granted and con- veyed unto David W. Mutchler. 74 , 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. A.. isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 25 day of July, 2014 • Notary 1 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News .Co. 1900 Patriot Drive Mechanicsburg, PA 17050 ngLL ies - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be atriot Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013 702 Civil Term JPMORGAN CHASE BANK, NATIONAL ASSOCIATION vs. DAVID MUTCHLER A/K/A David W. Mutchler Atty: Christopher Denardo Tract No. 1 ALL that certain lot of ground located on the Eastern side of a proposed Forty (40) foot street to be known as Garfield Drive in South Middleton Township. Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern side of said street, which point is two hundred thigyAeurr e d twelve hundredths (234.12) feet south of the centerline of the Walnut Bottom Road, measured on a course bearing This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 Sworn to andAubscribed before me this 20 day of August, 2014 A.D. Pilblic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 31st day of March, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 7702, at the suit of JPMorgan Chase Bank, NA against David Mutchler a/k/a David W. Mutchler is duly recorded as Instrument Number 201424034. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;11 day of Recorder of Deeds R = rder of 0' ds, Cumberland County, Carlisle, PA My Commissio Expires the First Monday of Jan. 2018