Loading...
HomeMy WebLinkAbout15-0131 r Supreme Co.a"y Pennsylvania Cour f, OiIlim, leas For Prothonotary Use Only: C i�' oiler h} 't l jl1 f Docke Cu. gland County I The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S Complaint ® Writ of Summons ® Petition Transfer from Another Jurisdiction [73 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Deutsche Bank National Trust Company et al Dana L. Keck and Kimberly L. Keck tT I Are money damages requested? Yes NO Dollar Amount Requested: ®within arbitration limits 0 (check one) ®outside arbitration limits N Is this a Class Action Suit? ®Yes 1l No Is this an MDJAppeal? ® Yes El No �j Name of Plaintiff/Appellant's Attorney: Stephen M. Hladik, Esquire Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) i Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. Ifyou are making more than one type of claim,check the one that you consider most important. i { TORT do not include Mass Tort CONTRACT do not include � ( ) ( Judgments) CIVIL APPEALS 13.Intentional 13 Buyer Plaintiff Administrative Agencies Malicious Prosecution ® Debt Collection:Credit Card ® Board of Assessment 13 Motor Vehicle ® Debt Collection:Other ® Board of Elections ®Nuisance ® Dept.of Transportation j s ® Premises Liability 13 Statutory Appeal:Other I ® Product Liability(does not include E mass tort) ® Employment Dispute: ® Slander/Libel/Defamation Discrimination C ® Other: ® Employment Dispute:Other ® Zoning Board T ® Other: I ® Other: 10 MASS TORT 0 Asbestos N ® Tobacco 1 13 ToxiC Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste Other: ® Ejectment ® Common Law/Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent ® Mandamus Landlord/Tenant Dispute ®Non-Domestic Relations [ Mortgage Foreclosure:Residential Restraining Order E PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto i ® Dental ® Partition ®Replevin 13.Legal ® Quiet Title ®Other: 13 Medical ® Other: i ® Other Professional: t Updated 1/1/2011 HLADIK, ONORATO &PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE Attorneys for Plaintiff ATTORNEY I.D:NO. 66287 298 Wissahickon Avenue North Wales, PA 19454 21.5-855=9521 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS OF COMPANY,AS TRUSTEE, ON BEHALF CUMBERLAND COUNTY, PA OF THE.HOLDERS OF THE J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH4 ASSET BACKED • 'PASS-THROUGH CERTIFICATES, NO: a�f s, N3/ SERIES 2007-CH4, 10790 RANCHO BERNARDO ROAD, SAN DIEGO, CA 92127 CIVIL ACTON MORTGAGE PLAINTIFF, c V. FORECLOSURE _ _ DANA L. KECK and c ' KIMBERLY L. KECK, 140 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065, DEFENDANTS. - o§` T11�z 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,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS. OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A �. LAWYER. d a#,i �� 0 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 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990-9108 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. LISTED 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 LISTED. 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800)990-9108 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE Attorneys for Plaintiff ATTORNEY I.D. NO. 66287 298 Wissahickon Avenue - - North.Wales, PA 19454 215-855-9521 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS OF COMPANY,AS TRUSTEE, ON BEHALF CUMBERLAND COUNTY, PA. OF THE HOLDERS OF THE J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH4 ASSET BACKED PASS-THROUGH CERTIFICATES, NO: SERIES 2007-CH4, 10790 RANCHO BERNARDO ROAD, SAN DIEGO, CA 92127 CIVIL ACTON MORTGAGE PLAINTIFF, FORECLOSURE V. DANA L. KECK and KIMBERLY L. KECK, 140 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065, DEFENDANTS. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, as Trustee, on Behalf of the Holders of the J.P. Morgan Mortgage Acquisition Trust 2007-CH4 Asset Backed Pass-Through Certificates, Series 2007-CH4 ("Plaintiff'), with an address of 10790 Rancho Bernardo Road, San Diego, CA 92127. 2.. The name(s) and last known address of the Defendant(s) are: Dana L. Keck and Kimberly L. Keck 140 Cedar Street, Mount Holly Springs, PA 17065 3. On or about February 21, 2007, in consideration for a loan in the principal amount of $94,700.00, the Defendant(s) executed and delivered to Chase Bank USA, N.A.. an adjustable rate note (the "Note"). The Note is attached hereto as Exhibit "A" and made a part hereof. 4. The Plaintiff, directly or through his agent, is in possession of the Note. The Plaintiff is either the original payee of the Note or the Note has been duly.endorsed. 5. To secure the obligations under the Note, the Defendant(s) executed and delivered to Chase Bank USA,N.A. a Mortgage (the "Mortgage"), dated February 21, 2007, recorded April 3, 2007 in the Office of the Recorder of Cumberland County in Book 1987 Page 1047. The mortgage is a matter of public record and is incorporated herein by reference as provided by Pa. R.C.P.NO. 1019(g),which relieves the Plaintiff of its obligation to attach documents to pleadings if those documents are public record. 6. The Plaintiff is the proper party by way of an Assignment of Mortgage recorded August 19, 2009 as Instrument Number 200929182. The Assignment is a matter of public record and is incorporated herein by reference provided by Pa.R.C.P.No. 1019(g),which relieves the Plaintiff of its obligation to attach documents to pleadings if those documents are of public record. 7. The mortgage secures the following real property (the"Mortgaged Premises"): 140 Cedar Street,Mount Holly Springs, South Middleton Township,Cumberland County,PA 17065. A legal description of the Mortgaged Premises is attached hereto as Exhibit`B"and made a part hereof. 8. Dana L. Keck and Kimberly L. Keck are the record and real owner(s) of the Mortgaged Premises. 9. The Defendant(s) are in default under the terms of the Note and mortgage because the monthly payments due October 1, 2013 and thereafter have not been paid. As a result, the entire principal balance and all interest due thereon have become due and payable with late charges, escrow deficit, and all cost of collection including title search fees and reasonable. attorney's fees. 10. As of December 15, 2014,the following amounts are due on the Mortgage and Note: Principal Balance $119,505.66 Interest $5,145.38 Pro Rata Mortgage.Insurance $0.00 Escrow Advance $3,403.18 Suspense Balance ($51.88) Total Fees $7.15 Late Charges $124.00 NSF Charges $0.00 Other Fees Due $0.00 Advances made on the Defendant's behalf Suspense Balance $0.00 Recoverable Balance $260.11 Total Amount Due $128,393.60 Interest accrues at a rate of$10.82 per diem for each day that the debt remains unpaid, and the Plaintiff may incur additional attorney's fees and other costs collectible under the Note and Mortgage. 11.Notice of Intention to Foreclose pursuant to Act 6 of 1974,Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983 (as amended in 2008), and/or Notice of Default as required by terms of the Mortgage, as applicable, have been sent to the Defendant(s). True and correct copies of the notice(s) are attached hereto as Exhibit "C" and made a part hereof. WHEREFORE,the Plaintiff requests judgment against the Defendant(s) in the sum of $128.393.60 together with interest, costs (including additional escrow advances), and additional attorney's fees and costs, and for foreclosure sale and sale of the Mortgaged Premises. Respectfully submitted, HLADIK, ONORATO P RLSTINE, LLP Date: BY: Stephen M. Hladi q ' e Attorney for Plaintiff- VERIFICATION Rebecka Mayoh hereby states that he/she is a Document Control Officer of Select Portfolio Servicing Inc. servicing agent and attorney-in-fact for the Plaintiff in this matter,that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsifications to authorities. Deutsche Bank National Trust Company,as Trustee,on Behalf of the Holders of the J.P. Morgan Mortgage Acquisition Trust 2t Backed Pass-Through Ce117 Select Portfolio SeByNaayoh cument Control Officer Title: Select Portfolio Servicing,Inc. Date d hog 90/5� File No. 200000.0160 ADJUSTABLE RATE NOTE (LIBOR Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. February 21, 2007 MECHANICSBURG PENNSYLVANIA [Date] Iqy] [state] 140 CEDAR ST, MOUNT HOLLY SPRINGS, PENNSYLVANIA 17065 [Property Address] I. BORROWER'S PROMISE TO PAY I�11�1{IIIII{IIII�IIIIIIIIIII�11 In return for a loan that I have received,I promise to pay U.S.$ 94,700.00 (this amount is called "principal"),plus interest,to the order of the Lender.The Lender is CHASE BANK VSA, N.A. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under tris 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 6.969 %.Tlhe interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by tris Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B)of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the lot day of each month beginning on April 1 2[107 I will make these payments every month until I have paid all of the principal and interest and any otter charges described below that I may owe under Itis Note. My monthly payments will be applied to interest before principal. If, on March 1 ,2037 ,I still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"Maturity Date." I will make my monthly payments at P.O. Box 78828 , Phoenix, AZ 85062-8828 or at a different place if required by the Note Holder. (B)Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 628.08 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 die 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 rate I will pay may change on the 1st day of. March 2012 ,and on that day every sixth month thereafter.Each date on which my interest rate could change is called a"Change Date." ( )The Index Beginning with the first Change Date,my interest rate will be based on an Index.The"Index"is die average of interbank offered rates for six-month U.S.dollar-denominated deposits in die London market("LIBOR"),as published in The Wall Street Jounial.The most recent Index figure available as of die first business day of the month immediately preceding the month in which the Change Date occurs is called die"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 Two and 745/1000 .percentage point(s) ( 2.745 %) to the Current Index.The Note Holder will then round die result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated iu Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. 11te 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. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR INDEX-Single Family-Freddie Mac Uniform Instrument Form 3590 7/92 -815(9207) Ng.1.13 �ri�,ou=SLK STN1A 1 V-0596 EXHIBIT KECK DE102381HH 11 -A I (D)Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than -9-969 %or less thau 6.969 %.Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than one percentage point(1.0%)from the rate of interest I have been paying for the preceding six months.My interest rate will never be greater than 13.969 %, (L7 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 Ute first monthly payment date after the Change Date until die amount of my monthly payment changes again. (N) 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 me and also the tide and telephone number of a person who will answer any question I may have regarding the notice. S.BORROWER'S RIGHT TO PREPAY I have the right to mala;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 doiug so. I may make a full prepayment or partial prepayments without paying any prepaymeut charge.The Note Holder will use all of my prepayments to reduce the amount of principal Atat I owe under 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. 6.LOAN CHARGES If a law, which applies to this loau and which sets maximum loau charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed die permitted limits, theu:(i)any such loan charge shall be reduced by the amount necessary to reduce die charge to the permitted limit;and(ii)any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me.If a refund reduces principal,the reduction will be treated as a partial prepayment. 7.BORROWER'S FAILURE TO PAY AS RE,QUIRED (A) Late Charges for Overdue Payments (See Attached Rider) If the Note Holder has not received die full amount of any monthly payment by the end of xXXXX calendar days atter the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be XXXXX % of my overdue payment of principal and interest. I will pay fids 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,lite 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 bas not been paid and all die interest that I owe on that amount.That date must be at least 30 days after the date on which lite notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Haider 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. Any notice that must be given to die 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 Us Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay die 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 imep 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. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Preseutment"means die right to require the Note Holder to demand payment of amounts due. "Notice of dishonor"means die right to require lite Note Holder to give notice to other persons that amounts due have riot been paid. Form 3590 7/92 ^ —815(0708) P08o203 Inillat: V+/+ LK 0 II. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions.In addition to die protections given to the Note Holder under this Note,a Mortgage,Deed of Trust or Security Deed(die"Security Instrument"),dated die same date as this Note, protects the Note Holder from possible losses which 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 are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of die Property or any interest in itis sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if:(a)Borrower causes to be submitted to Lender information required by Lender to evaluate die 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 dte loan assumption and that tiie risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption.Lender may also 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 Elie 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. ::D (Seal) ✓!�—� /. /l✓ly Seal DANA L KECK .Borrower KIMBERLY KECK Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] THE PROVISIONS CONTAINED IN THE nRIDER TO NOTE" SIGNED BY ALL BORROWERS NAMED HEREIN, ARE HEREBY INCORPORATED INTO AND SHALL AMEND AND SUPPLEMENT THIS NOTE. Initials: �(�L ^,815(0708) Pa90 3 013 Form 3590 7192 :272% KECK DE102381HH RAR TO ADJUSTABLE ArE NOTE Note Date: February 21, 2007 For a valuable consideration, receipt of which is hereby acknowledged, both Borrower and Lender agree that this RIDER TO ADJUSTABLE RATE NOTE ("Rider"I amends that certain Promissory Note ("NOTE") of date shown above, to which this Rider is attached. Borrower and Lender agree that this Note shall be subject to the following provisions, notwithstanding any provisions to the contrary contained in said Note or the Security Instrument given by Borrower to secure repayment of the Note. (Check Box if Applicable) LATE CHARGES FOR OVERDUE PAYMENTS If the Note Holder has not received the full amount of any monthly payment within 10 days of the payment due date shown on the monthly payment notice, I will pay a late charge to the Note Holder. The amount of the charge will be the Greater of 6.0 % of my overdue payment of principal and interest or $or $29.00 1 will pay this late charge promptly but only once on each late payment. BORROWER'S RIGHT TO PREPAY You have a right to make payments of principal at any time before they are due. However, you must tell us in writing whenever you make a prepayment. Partial prepayments will not change the due dates of monthly payments and may not immediately affect the monthly payment amount. The loan that you are closing has a prepayment penalty in place for the first years of this Note. [For all options] If you prepay in full or in part during the first years of the loan, you will be charged a prepayment penalty premium equal to six months' advance interest on the amount prepaid in excess of twenty percent of the original principal balance within any twelve month period measured from the Note date or anniversary thereof. [For 5-yr option, only] If you prepay in full or in part during the fourth or fifth year, you will be charged a prepayment penalty premium equal to three months' advance interest on the amount prepaid in excess of twenty percent of the original principal balance within any twelve month period measured from the Note date or anniversary thereof. �x TIME OF PAYMENTS I will pay principal and interest by making payments every month. I will make my monthly payments on the 1st day of each month beginning on April 1, 2007 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on March 1 2037 ! still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date" INTEREST RATE AND MONTHLY PAYMENT CHANGES - CHANGE DATES The interest rate I will pay may change on the 1st day of March 2012 , and on that day every 6TH month thereafter. Each date on which my interest rate could change is called a "Change Date". LIMITS ON INTEREST RATE CHANGES This loan has an interest rate "floor" which will limit the amount the interest rate can decrease. Regardless of any change in the Index, the interest rate during the term of this loan will never be less than t e initial interest rate provided for in Section 2 of the Note. ANA L KECK KIMBERLY L KECK AC6D519-0112006 :272: KECK DE102381HH � r^ ALLONGE TO MORTGAGE NOTE LOAN NUMBER:0026515445 NOTE DATED:February 21,2007 LOAN AMOUNT: $94,700 MORTGAGOR(s):Dana L Keck and Kimberly L Keck PROPERTY ADDRESS: 140 Cedar ST Mount Holly Springs,PA 17065 Allonge to one certain Mortgage Note dated,February 21,2007 in favor of Chase Bank USA,N.A.,executed by Dana L Keck and Kimberly L Keck Pay to the order of without recourse: Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007-CH4, Asset Backed Pass-Through Certificates, Series 2007-CH4 SELLER: CHASE BANK USA,N.A. BY: Patrick Coleman JrNice PresideEt Authorized Officer APN.,40-12-0342-042 Order 1p:31gt3221 Loan No.:DE102381HH EXHIBIT A- LF-GAL DESCRIPTION The land referred to In this policy Is situated In the State of PA,County Of CUMBERLAND.City of MOUNT HOLLY SPRINGS and described as follows: All that cartaln tract of land situate in South Middleton Township,Cumberland County,Pennsylvania, bounded and described as follows: Beginning at a Point at the corner of lands fonrteriy of Errzabeth Zug;thence South nine and+ane-half East fifty-four Pemba%thence by lands now or late of Charles McClure North h fourth(891/4)degrees East ten and one-half(101/2)perches to a tY-nine no one- fourth Jacob Burkholder North nine and on"alf(91/2)degrh Wert Post by lands now or late thence by lands now or late of James Smith,South eighty-nine andftvne-four(ft� 89 v he to a�' ten and one-half(io 1/4)perches to the Place of bepinning. ( )degrees West Containing three and one-half(3 112)acres More or less. APN 40-12-0342-042 WITH THE APPURTENANCES 1"HERE70. APN:40-12-0342-042 T Certify this to be recorded In Cumberland County PA Recorder Of Deeds �( f 987PG t 03 EXHIBIT- Date: December 6, 2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort 192 on our home is in default and the len to foreclose. Specific information about the nader intends ture of the default is Drovidpa in the attached RA es. The HOMEOWNER'S EMERGENCY MORTGAGE AS PROGRAM MAP ma be able to hel to save our home. This Notice ex Tains how the ro ram works. To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when you meet with the Counselin A enc . The name address and hone number of Consumer Credit Counselin Acrencies serving our Coun are listed at the end of this Notice. If ou have an uestions You may call the Penns lvania Housin Finance A enc toll free at 1-800-342-2397. Persons with im aired hearing can call (717) 780 1869). This Notice contains important legal information. If you have any questions, representatives u m at the Consumer Credit Counseling Agency may be able to help explain it. Yoay also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA, HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO 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. .EXHIBIT LR964 0000873300082302nsnn ---C HOMEOWNER'S NAME(S):' DANA L KECK PROPERTY ADDRESS: 140 CEDAR ST MOUNT HOLLY, PA 17065 LOAN ACCT.NO.: 0014939599 ORIGINAL LENDER: Chase Bank USA(NA) CURRENT LENDER/SERVICER: Select Portfolio Servicing, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 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: 140 CEDAR ST MOUNT HOLLY, PA 17065 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Itemization of Amount Required to Cure Cure Date: 01/05/2014 Payment due for 10/01/2013 $ 2,241.66 Total amount due includes Escrow Payments (Taxes/Insurance). Your current monthly escrow payment is $251.02 Accrued Late Charges 99.20 Advances made on Customer's behalf 81.11 Escrow advance balance (Deficit) 0.00 Total Amount Outstanding $ 2,421.97 Unapplied balance 51.88 AMOUNT REQUIRED AS OF December 6, 2013 TO CURE THE DEFAULT Is 2,370.09 M 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 $2,370.09 ,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: Select Portfolio Servicing,Inc. PO BOX 65450 Salt Lake City, UT 84165-0450 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If .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 Sheriffs 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 Sheriffs 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 Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs 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: Select Portfolio Servicing, Inc. Address: P.O. Box 65250 Salt Lake City,UT 84165-0250 Phone Number: (888) 818-6032 Fax Number: (801) 293-3936 Contact Person: Jennifer Coleman EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs 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 Sheriffs 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 or X may not (CHECK ONE) 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. HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:09/10/2012 05:11 PM 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 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 T ('� SELECT S ,\I pont oI o DS SEI LING,inc. DANA L KECK 140 CEDAR ST MOUNT HOLLY SPR, PA 17065 Date: December 6,2013 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 (IIDMAP) 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 NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO 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): KIMBERLY L KECK PROPERTY ADDRESS: 140 CEDAR ST MOUNT HOLLY, PA 17065 LOAN ACCT.NO.: 0014939599 ORIGINAL LENDER: Chase Bank USA(NA) CURRENT LENDER/SERVICER: Select Portfolio Servicing, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. .�,.,.. nna nnoncnn To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 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: 140 CEDAR ST MOUNT HOLLY,PA 17065 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Itemization)of.Amount'Requiredto•Cure Cure,Date:-01/05/201'4,, , • Payment due for 10/01/2013 $ 2,241.66 Total amount due includes Escrow Payments (Taxes/Insurance). Your current monthly escrow payment is $251.02 Accrued Late Charges 99.20 Advances made on Customer's behalf 81.11 Escrow advance balance (Deficit) 0.00 Total Amount Outstanding $ 2,421.97 Unapplied balance 51.88 r._AM_QUNT REQUIRED'AS OF December 6,;`2013 TO CURE THE DEFAULT $ 2,370.09 L 16 F& 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 $2,370.09 , 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: Select Portfolio Servicing,Inc. PO BOX 65450 Salt Lake City,UT 84165-0450 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If 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 Sheriffs 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 Sheriffs 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 Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs 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: Select Portfolio Servicing, Inc. Address: P.O. Box 65250 Salt Lake City,UT 84165-0250 Phone Number: (888) 818-6032 Fax Number: (801) 293-3936 Contact Person: Jennifer Coleman I LORA s EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs 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 Sheriffs 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 or X may not (CHECK ONE) 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. LR964 00008733000824040500 OQ1dd;ic5i� 4 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:09/10/2012 05:11 PM 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 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 nn— nnnnQ���nnnQ��n�ncnn t Q, SER SIP0SELECT r•ttVo_Ili CoING,inc. KIMBERLY L KECK 140 CEDAR ST MOUNT HOLLY SPR, PA 17065 R� a 00008733000824010500 nn9�G�c;tic,q FORM 1 Deutsche Bank National Trust Company IN THE COURT OF COMMON PLEAS OF et 8I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. 1 Dana L. Keck and Kimberly L. Keck ~= Defendants) l Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE �- DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the 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 submi ed: January 6, 2015 Date Signature of Co or Plaintiff c. 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: APPLICATIONCUSTOMER 1PRIMARY Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ No F] Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied: Yes❑ No❑ Mailing'Address(if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: :Email: #of people in household: How long? CO BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL • First Mortgage Lender: Type of.Loan: -.Loan Number.: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy?Yes❑ No❑ If yes,provide names,.location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: Amount owed: Value: Automobile#2:Model: Year: Amount owed:. Value: Other transportation(automobiles,,boats motorcycles): Model: Year:.- Amount owed: Value: Monthly Income Name of Employers: 1 . Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3 Monthly Gross Monthly Net Additional Income Description(not wages): i 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 Mortgage Food '2". Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(notcovered)_ Auto fuel/repairs Other Prop.Payment Install.Loan Payment Cable N Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes 0 No❑. If yes,please provide the following information: Counseling Agency: Counselor: Phone.(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes Q No Q 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? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION /We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my 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 Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement(if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 Deutsche Bank National Trust IN THE COURT OF COMMON PLEAS OF Company et al CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Dana L. Keck and Kimberly L. Keck 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 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 Date Signature of Defendant FORM 4 Deutsche Bank National Trust : IN THE COURT OF COMMON PLEAS OF Company et al CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vs. Dana L. Keck and Kimberly L. Keck Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW,this day of , 20 ,the defendant/borrower in the. above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse,Carlisle,Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the 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 with 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 Ronny R Anderson„' Sheriff - i Jody S Smith Chief Deputy Richard W Stewart Solicitor of 'LdfYfr OFFi%F OF THE S*4ERIFF 2.315 JAN 114 Ph 1. 0() CUMBERLAND c DUB, i '! PENHS I LVi\NtA Deutsche Bank National Trust Company vs. Dana L. Keck (et al.) Case Number 2015-131 SHERIFF'S RETURN OF SERVICE 01/08/2015 Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Dana Keck, who accepted as "Ad Person in Charge” for Occupant at 140 Cedar Street, South Middleton Township, Mount Holly pri .., PA 17065. CLINE, DEPUTY 01/08/2015 11:12 AM - Deputy William Cline, 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: Dana L. Keck at 140 Cedar Street, South Middleton Township, Mount Holly Springs, P; 17065. I LIA CLINE, DEPUTY 01/08/2015 11:12 AM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Dana Keck, Husband of defendant, who accepted as "Adult Person in Charge" for Kimberly L. Keck at 140 Cedar Street, South Middleton Township, Mount Holly Springs, PA 17065. SHERIFF COST: $62.05 SO ANSWERS, January 08, 2015 RONF'I? R ANDERSON, SHERIFF (c) CauntySuite Sheriff, Teieosoft, inc.