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HomeMy WebLinkAbout14-5589 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil COV'e-r Sheet k Docet Na;. . I . I Cumberland County The information collected on this form is used sole ly.for court administration purposes. This form does not supplement or replace the filing and service qfpleadings or other papers as requim d by law or rules of court. Commencement of Action: S Complaint El Writ of Summons Petition E Transfer from Another Jurisdiction Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: C The Bank of New York Mellon FKA The Bank of N,... et al Samuel D.Chandler,Jr.,et al T Dollar Amount Requested: [3within arbitration limits Are money damages requested? 0 Yes No (check one) []outside arbitration limits 0 N Is this a Class A cfion Suit? 11 Yes Q No Is this an MDJAppeaP El Yes El No A Name of Plaintiff/Appellant's Attorney: Thomas M. Federman 0 Chedi,here if you have no attorney(area 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 PRINL4RY CASE. If you are making more than one type of claim, check the one that you consider w.ost important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional 0 Buyer Plaintiff Adthinistrative Agencies E3Malicious Prosecution E]Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections Nuisance Dept. of Transportation E3 Premises Liability Statutory Appeal: Other S [3 Product Liability(does not include El Employment Dispute: E mass tort) El Slander/Libel/Defamation Discrimination C El Other: Employment Dispute: Other 0 Zoning Board T Other: I p Other: o MASS TORT 0 Asbestos N [] Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Ejectment Common Law/Statutory Arbitratioi B Other: n Eminent Domain/Condemnation E3 Declaratory Judgment 0 Ground Rent Mandamus El Landlord/Tenant Dispute Non-Domestic Relations F(I Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranty 0 Dental Partition Replevin 0 Legal Q Quiet Title 0 Other: Medical Other: Other Professional: FEDERMAN &ASSOCIATES, LLC By: Thomas M. Federman,Esq., ID No. 64068 By: Danielle Boyle-Ebersole, Esq., ID No. 81747 By: Paul J. Fanelli, Esq., ID No. 313157 305 York Road, Suite 300 ATTORNEY FOR PLAINTIFF Jenkintown,PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FKA THE COURT OF COMMON PLEAS BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., CIVIL DIVISION ASSET-BACKED CERTIFICATES, SERIES 2006-13 CIO SPECIALIZED LOAN SERVICING_ LLC 8742 LUCENT BOULEVARD Q ' SUITE 300 NO. I L—I 55 `l `V I HIGHLANDS RANCH, CO 80129-2386 Plaintiff V. SAMUEL D. CHANDLER, JR. CUMBERLAND COUNTY w. 231 S. 8TH ST. APT. #1 LEMOYNE, PA 17043 SUSAN M. CHANDLER 31 VICTORIA WAY EAST PENNSBORO, PA 17011 ` ' �`' CZ _r Fn Defendant(s) =i _vIj "' CIVIL ACTION—LAW COMPLAINT IN MORTGAGE FORECLOSURE CJ 7Spd 13-00831-1 �� C � goy& 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 13-00831-1 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST REAL ESTATE. IF THIS IS THE FIRST NOTICE YOU HAVE RECEIVED FROM THIS OFFICE,BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1692 et seq. (1977),DEFENDANT(S)MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)DO SO IN WRITING WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLANTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S)WITH WRITTEN VERIFICATION THEREOF; OTHERWISE,THE DEBT WILL BE ASSUMED TO BE VALID.LIKEWISE,IF REQUESTED WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLANTIFF WILL SEND DEFENDANT(S)THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR,IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30)DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20)DAYS,YOU MAY OBTAIN.AN EXTENTION OF THAT TIME. FURTHERMORE,NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THE THIRTY(30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER,IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY(30)DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT,THE LAW REQUIRES US TO CEASE OUR EFFORTS(THROUGH LITIGATION OR OTHERWISE)TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU.YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE,THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 13-00831-1 i •Y AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEENDERSE CONTRA LAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, ES ABSOLUTAMENTE NECESARIO QUE USTED RESPONDA DENTRO DE VEINTE (20)DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. HACE FALTA ASENTAR UNA COMPARENCIA ESCRITA O EN PERSONA O CON UN ABOGADO Y ENREGAR A LA CORTE EN FORME ESCRITA SUS DEFENDAS O SUS OBJECIONES A LAS DEMANDAS ON CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, SUYA SIN PREVIO AVISO O NOTIFICATION.ADEMAS,LA CORTA PUEDE DECIDIR A FAVOR DEL DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES Y 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,VAY A 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 Bar Association 32 S. Bedford Street Carlisle,PA 17013 (717) 249-3166 13-00831-1 Y 1. Plaintiff is: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC.,ASSET-BACKED CERTIFICATES, SERIES 2006-13 C/O SPECIALIZED LOAN SERVICING LLC 8742 LUCENT BOULEVARD SUITE 300 HIGHLANDS RANCH, CO 80129-2386 2. The name(s) and last known address(es) of the Defendants are: SAMUEL D. CHANDLER, JR. 231 S. 8TH ST. APT. #1 LEMOYNE,PA 17043 x. SUSAN M. CHANDLER 31 VICTORIA WAY EAST PENNSBORO, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the Property hereinafter described. 3. On or about 05/30/2006,mortgagors made, executed and delivered a Mortgage upon the Property hereinafter described to Mortgage Electronic Registration Systems, Inc., as Sole Nominee for America Mortgage Express Corp., which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Book 1954, Page 4502 (the "Mortgage"). The Mortgage was last assigned to Plaintiff by Assignment of Mortgage,which was recorded on 09/19/2011 as Document#201125899. The Mortgage and Assignment(s), if any, are matters of public record and incorporated herein by reference, in accordance with Pa.R.C.P. 1019(g), which Rule relieves Plaintiff from the obligation to attach to pleadings any document that is of public record. 4. Plaintiff, directly or through an agent,has possession of the Promissory Note. Plaintiff is either the original payee of the Promissory Note or the Promissory Note has been duly endorsed. A true and correct copy of the Promissory Note is attached hereto as Exhibit"A." 13-00831-1 5. The Property subject to the Mortgage is more fully described in the legal description attached hereto as Exhibit"B" (the "Property"). 6. The Mortgage is in default because payments of principal and interest are due and unpaid for 11/01/2009 and each payment thereafter. By the terms of the Mortgage, upon failure of Mortgagor(s)to make such payments after a date specified in written notice sent to Mortgagor(s), the entire principal balance and interest due and other charges due thereon are collectible,forthwith. 7. The following amounts are due to Plaintiff on the Mortgage: - Principal Balance $184,719.43 Interest accrued at a variable rate $73,579.71 10/01/2009 to 08/29/2014 Property Inspection $537.95 Property Preservation $2,786.00 Cumulative Late Charges $3,891.23 Escrow Advance $25920.72 TOTAL $291,435.04 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiffs attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law tothe above amount due and owing when incurred. 8. This is an in rem action only against the Property. Plaintiff does not seek a judgment of personal liability (or an in personam judgment) against Defendant(s) in the Action. Plaintiff, however, does reserve the right to'bring a separate action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish the 13-00831-1 personal liability discharged in bankruptcy, but is intended only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania Law. 9. The Plaintiff has been confirmed to be the real party in interest and has the right to foreclose on the Property. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974 (".Act 6"),Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 1998 ("Act 91"), and/or Notice of Default as required by the Mortgage document, as applicable, have been sent by regular and certified mail to the.Defendant(s) on the dates) set forth in the true and correct copies attached hereto as Exhibit"C." The temporary stay as provided by said notice is no longer in effect because the applicable time period therein has expired and/or Defendant(s) has/have failed to have the required face-to-face meeting within the required time with the Plaintiff or an authorized consumer credit counseling agency; or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 11. This action does not come under Act 91 because the Defendant(s) is/are more than twenty-four (24) months delinquent on the Mortgage obligation. WHEREFORE, PLANTIFF demands an in rem judgment in mortgage foreclosure in the sum of $291,435.04, together with interest from 08/30/2014 at the adjustable rate in effect from time to time to the date of Judgment, and other costs and charges incurred by Plaintiff that are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. FEDERMAN&ASSOCIATES,LLC Date: 2- By: Ff Thomas M.Federman,Esq.,ID No.'64068 ❑ Danielle Boyle-Ebersole,Esq., ID No. 81747 ❑ Paul J.Fanelli,Esq., ID No. 313157 Counsel for Plaintiff 13-00831-1 EXHIBIT � a $ 33(,,5,09s ORIGINAL 111109HE11116111111011191 MIN 1000738-0000040142-5 ADJUSTABLE RATE NOTE Loan ID # 52507865 (LIBOR Six-Month Index (As Published In The null Street Journal) -Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS TIM AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. May 30th, 2006 PLYMOUTH MEETING, PA [Datel [City] [State] 31 VICTORIA WAY, TWP OF EAST PENNSHORO, PENNSYLVANIA 17011 [Property Address] I- BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $188,800.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is AMERICAN MORTGAGE EXPRESS CORP. I will make all payments under this Note in the form of cash, check or money order. ( I understand that Lender.may transfer this Note. 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 9.500 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(13)of this Note. 3. PAYMENTS :9M5 (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on July 1st, 2006 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 June 1st, 2036 , 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 136 GAITHER DRIVE, MOUNT LAUREL, NEW JERSEY 08054 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the;8mount of U.S. $1,587.54 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rale I will pay may change on the first day of June, 2008 and on that day every S:LX month thereafter. Lach date on which my interest rate could change is called a"Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The"Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market(`LIBOR'), as published MULTISTATE ADJUSTABLE RATE NOTE--LIBOR SIX-MONTn INDEX(AS Ii Single' a ie Mac Uniform Instrument AAiIIl 08 92001 11111111111111�141�11�111I1gfl111fl�lllll�� � Qf Ilflllf[llllllflll�llllfl�IIII[l�llll{Illllll�lllllilllfllllillllllllllll�lll�ll 618 128336095 NTE 001 001 r U • Loan ID # 65 in The Tall Sdeei Jounral. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the"Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Seven, and one half percentage points( 7.500 %)to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D)below, this rounded amount will be my new interest rate until the next Change Date. . The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater-than 12.500 % or less than 7.500 a%a. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage p (ercenta a oint s 1.000 rate of interest I have been paying for the preceding Sa.x months. )( n from the greater than 15.500 %, My interest rate will never be lessth than interest7.500$ will never he (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of'Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the-amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. G. 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 Ioan 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 that 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 ine. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has,not received the full amount of any monthly payment by the end of ri£teen calendar days after the date it is due, I twill pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. MULTISTATE ADJUSTABLE RATE NOTE—LIBOR SIX-MONTH INDEX(AS PUBLISHED IN TRE IVALL STREET✓oURNAL)— Single Family—Pante Mae Uniform Instrument AA1II2-08292001 Form 3520 7107 (page 2 oj4 pages) %vvnv.1%4ortgagellanWagSystcnis.con2 (B) Default Loan ID # 52507865 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 that 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. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises endorser of this Note is also obligated to do these things. made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or obligations of a guarantor, surety or endorser of this Note,Any person who takes over these obligations,including theis 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 individuallor against all of us together. This means that any one of us maybe required to pay all of the amounts owed undeyr this Note. 10. 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. 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 that might result if I do not keep the promises that 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 read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section IS. "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, installment sales contract or escrow agreement, the intent of which,is the transfer of title 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 such exercise is prohibited by Applicable Lay. Lender also shall not exercise this option if: (a)Borrower causes to be submitted to Lender information• required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee, and (b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. MULTISTATE ADJUSTABLE RATE NOTE+-LIBOR SIX-MONTH INDEX(AS PUBLISHrD IN ME WALL STREET JOURNAL)— Single Family--Fannie Mae Unlfonn.Instrument Form 3520 1/0t (page 3 of4 poge) AA1U3-08272001 tywiv.Mortgagenankingsystcnis.coin y To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition o Louder's7865 consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this-Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S) OF THE UNDERSIGNED. SAMUEL D. CHANDLE `R' Seal-Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower \ (Seal) -Borrower Pay to She Order Of. Pay to the Ordt rtrf: count Ir idt.Home soaps,tnr.. ' + Sign Ortigina!Only) without Flecrurse L4�ittuaat f�ocauraa Coutdlry dida Santc,N.A. CountrVwido Home Loans,Inc. Y _�& a2�� P By' B Laurie M der,SVP rLticheJo S�alctndar�i PAY T6 THE ORNR OF. WM40V7 ASCOURSE T0: Countrywide Bank NJ1. iC M "GAGE XPRESS CORP. VICKI-SAHEZ—ASITY ICE PRESIDENT MULTISTATE ADJUSTABLE RATE NOTL-LIBOR SIX-MONTjE INDEX(AS PUBLISIIED IN THE IVAZL STREET JDUI�V.LL}. Single Family—Tannie Mac Uniform instrument' Toren 3520 1/03 (page 4 ofs]4 page AAIII4-OS292001 - w,,»v.MortgageBankingsystmits.coin k PREPAYMENT ADDENDUM TO NOTE Loan in # 52507865 DATE: May. 30th, 2006 BORROWER(S): SAMUEL D. CHANDLER JR. , This Prepayment Addendum to Note("Addendum'!)is made this 30th day of May, 2006 and is incorporated into and shall be deemed to amend and supplement that certain promissory note("Note")of the same date made by the undersigned("Borrower")in favor of AMERICAN MORTGAGE EXPRESS CORP. ("Lender"). Borrower understands that Lender may transfer the Note, the related Mortgage,Deed of Trust, or Security Deed the Note,the Security Instrument, a ("Security Instrument")and this Addendum. Lender, or anyone who takes nd this Addendum by transfer and who is entitled to receive payments under the Note is called the"Note Holder." In consideration of Lender's agreement to provide the loan evidenced by the Note, and as a material inducement to Lender to grant such loan and the terms set forth in the Note,Borrower agrees to the following provisions, notwithstanding anything contrary contained.in the Note, Security Instrument or other related loan document: Prepayment penalty I have a right to make payments of Principal at any time before they are due. A payment of Principal only is known as a"Prepayment." When I make a Prepayment. I will tell the Note Holder in writing that I am doing so. If within the first .Twenty rour ( 24 )months of the loan, I make full Prepayment or, a partial Prepayment where the total of such partial Prepayments)in any twelve(1.2)month period exceeds Twenty original Principal amount of the loan, I will pay a prepayment char a percent( 20.000 %)of the g ("pr epayment Penalty")equal to Six ( 6 )months' interest(at the rate in effect at the time Prepayment occurs) on the amount by which the total of my Prepayment(s)within that twelve(12)month period exceeds Twenty percent( 20.000 %)of the original Principal amount of the loan. Thereafter, I may make full Prepayment or a partial Prepayment without paying any Prepayment Penalty. make a partial Prepayment, The Note Holder will use all of my Prepayments to reduce the amount of Principal that I owe under this Note. If I there will be no change in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. If this Note provides for an adjustable interest rate, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction in the amount of my monthly payment due to my partial Prepayment may be offset by an interest rate increase. Any of the foregoing provisions to the contrary notwithstanding,such Prepayment Penalty shall not exceed in . amount, and the right to charge such Prepayment Penalty shall not remain in effect contrary to or beyond, any limitations imposed by applicable law. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants in this Prepayment Addendum to Note. May 30th, 2006 Date c SAMUEL D. CHANDLER JR. -Borrower Date -Borrower Date -Borrower Date -Borrower Date -Borrower Date -Borrower PPP-version#1 , AANKAl-11152004 � .vw�r.Prodgac.cgm ®2002 Mortgage Banking Systema,Inc. EXHIBIT "B" U/ 10-14-`13 11;13 T-490 P0020/0048 F-705 �10E3�ST "An MORMml OATaD* Decauber 9, 1493 PRON:; Samuel D. Chandler. Jr, and Susan M TD: Harris Savings Bank chandler DES TIO14 *r ' Yt Or traet of land laPenhsylvania, bounded tand edescrin ibed asst nfollowaownshito t: �]EW21t9 at a point on the western right-o;-Way line or Victoria Way.at the ivisiorig lino at bot No. 27 and Lot No. 28 es shown oh a final eubdivisio� pian of victoria Glenn Section II1 thence by the afox�mentrioned right-or-way line by a curve to the lett having a radius of 235 Coat an are length of 72.49 feet to a point on the dividihq line O L°t Ne. 28 and Lot No. 291 thence by aforementioned dividing line North 86 degrees 56 minutes 30 eeaohds pest 154.50 feet to a point an the line of the Re4reatioh and Oreen area) thence by aforementioned zine North 10 degrae; 46 minute* 54 seconds pest 137.03 feet to a point on the southern line 4f Let ec. 721 thence by the aforementioned line South 71 degrees 41 minute* 40 seconds thence 34.67 feet to a point on the southern line of tat No. 271 thence by aiorAMOntioned lot lin* South 69 a louts 16 line Of o0 secgride 8a8t 173.71 feet to a point being the place of ee&Y 16 Tai. SE:rNQ Lot No. 78 as Shown on a final Subdivision plan action II recorded in Plah BOOR49, page 49. of Victoria Glen CMrMI IM 17,688 squat=s root. trNDan S� prior r THEMS, to restrictions, easements, and Condit ons of r EXING the same premises which The Nemestead croug, a kenneylvania corporetianAnhy oln ld32edpagey911� granted1986 dane orded in a Penriand county Decd Hook �� Chandler, Jr. 4nd Sgaan N. Chandler, his wile conveyed unto Samuel D. . the within Herrowex-z. Scale of Pennaglv&"j of&MbQ"Ond SS tt.•; rdetl in the dlreq for the rro4- -c Dude C'!renlc.PA thle 18 of gero _ ` 0 fidd.185 MCFAU08 EXHIBIT 0 ' Samuel D. Chandler, Jr. Susan M. Chandler 31 Victoria Way East Pennsboro, PA 17011 Samuel D. Chandler, Jr. Susan M. Chandler 231 S. 8th St. Apt. #I Lemoyne,PA 17043 13-00831-1 Date: June 2, 2014 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 MORTGAGE ASSISTANCE PROGRAM(HEMAP) may-be able to help to save your home This Notice explains how the program works To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions,you may call the Pennsylvania Housing_ Finance Agency toll free at: 1-800-342-2397. (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 NOTIFIC ACION EN ADJL>NT0 ES DEE SL`-VLA LIIPORTANCIA,PLES AF°ECTA SU DERE CHO A CO_NTLNUAR VWIENDO EN SU CASA. SI NO COMPRENDE EL CONTEVIDO DE ESTA. NOTIFICACI6N OBTENGA UNA TRADUCCION INAIEDIATAINIENTE LLANILA.NDO ESTA.. AGES CLA (PENNSYLV-4,—NIA HOUSING FLNA`ti CE AGENCY) SLN CARGOS AL 7-Mi LERO XIENCIONADO ARRIBA. USTED PLTEDES iSER ELEGIBLE PARA UN PR.ESTA110 POR EL. PROGR N-1A LLAMADO "HOMEON'X°TNER'S E 1ERGENCY' MORTGAGE ASSISTANCE PROGRA7rI"EL CUAL PUEDE SALVARSU CASA DE LA PERDIDA DEL DERECHO A REDLXHR. SU HIPOTECA. THIS COMPANY IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST REAL ESTATE. Attention Servicemembers and Dependents: The federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances during and twelve months after the servicemember's military or other service. Specialized Loan Servicing LLC will not foreclose on the property of a servicemember or his or her dependent during that time, unless pursuant either to a court order or servicemember's written waiver agreement. 13-00831-1 • a HOMEOWNER'S NAME(S): Samuel D. Chandler, Jr., Susan M. Chandler PROPERTY ADDRESS: 31 Victoria Way East Pennsboro, PA 17011 LOAN ACCT NO: 1005508919 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc., as Sole Nominee for America Mortgage Express Corp. CURRENT LENDER/SERVICER: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC.,ASSET-BACKED CERTIFICATES, SERIES 2006-13 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 HIRTYTHREE (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 agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting.Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.)You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do 13-00831-1 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 fling a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". ` YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION.EVEN BEYOND THESE TIME PERIODS.A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION'IS EVENTUALLY APPROVED 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 INFORMATION 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: 31 Victoria Way,East Pennsboro, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: I Monthly payments from 11/01/2009.thru 05/29/2014 $103,392.74 Late Charges Due $3,752.65 Property Inspection(s) $192.95 Escrow Advance $23,397.72 TOTAL"OUNVTPASTDUE.• $130,736.06 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 $ 130,736.06 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY(30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: 13-00831-1 I I HOW TO CONTACT THE LENDERISERVICER: Name ofLender/Servicer: Specialized Loan Servicing LLC . Address. 8742 Lucent Boulevard Suite 300 Highlands Ranch, CO 80129-2386 PboneNumber (800) 306-6062 Contact Person: Loan Servicing Department 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 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. IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE,BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),you may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty.(30) days of receipt of this letter,this firm will obtain and provide you with written verification thereof; otherwise,the debt will be assumed to be valid. Likewise, if requested within thirty(30) days of receipt of this letter,this firm will send you the name and address of the original creditor if different from above. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE,THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, 13-00831-1 i PLEASE SEE THE ATTACHED LIST SENT VIA REGULAR AND CERTIFIED MAIL NUMBER RETURN RECEIPT REQUESTED 70123460000194129252 70123460000194129221 70123460000194129238 70123460000194129245 13-00831-1 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:01/06/2014 11:02 AM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-151.8 717-780-3940 800-342-2397 13-00831-1 FEDERMAN&ASSOCIATES,LLC By: Thomas M.Federman,Esq., ID No. 64068 By: Danielle Boyle-Ebersole, Esq., ID No. 81747 ATTORNEY FOR PLAINTIFF By: Paul J. Fanelli, Esq., ID No. 313157 305 York Road, Suite 300 Jenkintown,PA 19046 (215) 572-5095 THE BANK OF NEW YORK MELLON FKA THE BANK COURT OF COMMON PLEAS OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC.,ASSET- CIVIL DIVISION BACKED CERTIFICATES, SERIES 2006-13 C/O SPECIALIZED LOAN SERVICING LLC 8742 LUCENT BOULEVARD SUITE 300 NO. HIGHLANDS RANCH, CO 80129-2386 Plaintiff V. SAMUEL D. CHANDLER,JR. CUMBERLAND COUNTY 231 S. 8TH ST. APT. #1 LEMOYNE,PA 17043 SUSAN M. CHANDLER 31 VICTORIA WAY EAST PENNSBORO, PA 17011 Defendant(s) VERIFICATION Second Assistant Vice President 1, Daniel Leon ,hereby states that I am of SPECIALIZED LOAN SERVICING LLC, Servicing Agent for Plaintiff in this matter,that I am authorized to make this Verification on behalf of Plaintiff, and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities... AUG 2 5 2014 Date ame: Daniel Leon Title: Second Assistant Vice President CompanySpecialized Loan Servicing LLC 13-00831-1 The Bank of NY Mellon, et al. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA l V c t vs. y� �s flo c No. 1 Samuel D. Chandler, Jr., et al. Defendant(s) �:� tea•-: r- c Notice of Residential Mortgage Foreclosure �d ©" Diversion Program zT� - C: You have been served with a foreclosure complaint that could cause you to lose your hh3ii -7., 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 an 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 Services 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 F pectfully submitted: Ila �— 1 ature of Couns tiff f�� �F Date 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: CUSTOMERJPRIMARY-APPLICANT Borrower name(s): Loan Number: Property Address: City: State: Zip: Is the property for sale? Yes ❑ No o Listing Date: Price: $ Realtor Name: Realtor Phone: Mailing Address(if different): State: Zip: City: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office:. Cell: Other: Email: # of people in household: How long? FINANCIAL • ' • First Mortgage Lender: Type of Loan: Loan Number: Date Loan Closed: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance Date of Last Payment: Primary Reason for Default: Is this loan in Bankruptcy? Yes ❑ No ❑ Is 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 currentlypaying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage 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 Support/Alimony Spending Money Day/Child Care/Tuition Other Expert es 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: Email: Have you applied for Homeowner's 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 known,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: I/We, e above named agency to use/refer this information to my lender/servicer for thelze sole purpose of evaluating my financial situation for possible mortgage options. INVe understand that I/We am/are under no obligation to use the counseling services provided by the above named agency. Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: ✓ Proof of income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days ✓ Copy of current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation (hardship letter) ✓ Listing agreement(if property is currently on the market) ✓ Copy of 2 years of federal income tax returns ✓ Copy of deed In an effort to evaluate all of the workout options available to you, a counselor staff will work with your lender(s) and servicing company to determine eligibility. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor , SHERIFF'S����U������������� OFFICE "~�m~ ��. CUMBERLAND COUNTY , _—_ F/���- F�lC- � ��� TH'�~--A' ^`RY 7014 4.ctH4: *'J^ A° CU � NJ�� ~~ '��' '"� Ly�'WUWTY .��� ~.,^. MA ° ~ «°^»^,~ �m�x CUMop FicE OF THE SRERP, The Bank of New York Mellon vs. Samuel D. Chandler (et al.) Case Numbe 2014-5589 SHERIFF'S RETURN OF SERVICE 09/23/ 2014 08:23 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defndankbowit:Semue\O.Chand\er.butwmaunab|eto|ocab»1he 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 31 Victoria Way, East Pennsboro Township, Camp Hill, PA 17011. Residence is vacant. 10/01/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Susan M Chandler, 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 31 Victoria Way, East Pennsboro, Camp Hill, PA 17011. Deputies were advised that the defendant is deceased. 10/01/2014 01:15 PM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Samuel D. Chandler at 231 South 8th Street, Lemoyne, PA 17048. TIM BLACK, EPUTY SHERIFF COST: $79.03 SO ANSWERS, October 02, 2014 RONRANDERSON, SHERIFF °