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HomeMy WebLinkAbout08-5658Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. KRISTIN M. YOST AND ROBERT L. YOST, II Defendants ACTION OF MORTGAGE FORECLOSURE o&-,,lost CuH-/ THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KRISTIN M. YOST AND ROBERT L. YOST, II, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KRISTIN M. YOST AND ROBERT L. YOST, II, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. 2. Defendants, KRISTIN M. YOST and ROBERT L. YOST, II, are adult individuals whose last known address is 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070. 3. On or about, July 28, 2006, the said Defendants executed and delivered a Mortgage Note in the sum of $124,100.00 payable to HOWARD HANNA MORTGAGE SERVICES, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1960, Page 2527 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Mortgage Book 729, Page 4595. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on April 01, 2008 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $20.71 per day From 03/01/2008 To 10/01/2008 (based on contract rate of 6.1250%) Accumulated Late Charges Late Charges $30.16 From 04/01/2008 to 10/01/2008 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $121,699.98 $4,431.94 $180.96 $994.32 $6,085.00 $133,392.20 **Together with interest at the per diem rate noted above after October 01, 2008 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 12. Prior to the commencement of this foreclosure action, Plaintiff sent to Defendants written notice dated June 10, 2008, notifying them of the fact of default, amount needed to cure the delinquency and that if the account was not timely reinstated, a foreclosure action would be filed. A copy of the June 10, 2008 notice is attached hereto and marked Exhibit "C". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.1250% ($20.71 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) LOAN #: 061599 FHA Cue No. NOTE 441-7813069-203b Multistate JULY 28, 2006 CAMP HILL, 094 L PENNSYLVANIA [Date] [City] F 0-603? [State] 503 TERRACE DRIVE, NEW CUMBERLAND, PA 17070 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender„ means HOWARD HANNA MORTGAGE SERVICES, A PENNSYLVANIA CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of * ONE HUNDRED TWENTY FOUR THOUSAND ONE HUNDRED AND NO/100*********************************•*** Dollars (U.S. $124,100.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX AND ONE-EIGHTH percent ( 6.125% ) per year until the full amount of principal has been paid 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the 1ST day of each month beginning on SEPTEMBER 1, 2006. Any principal and interest remaining on the 1ST day of AUGUST, 2036 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 119 GAMO(A DRIVE PITTSBURGH, PA 15238 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $754.04. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] O Graduated Payment Allonge Growing Equity Allonge D Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the fall monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of 15 calendar days after the payment is due, Lender may collect a Lite charge in the amount of FOUR percent ( 4.0 0 0$) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circtunstances regulations issaedbythe Secretary will limit Lender's rights to require immediatepayment mfull in the case ofpaymnent Initials: gLM er" FHA Molfbafe Fried Rafe Note -10/95 Page 1 of 2 P9700NOT 0001 LOAN #t 061599 defaults. This Note does notauthorize aceelerationwhennotpermittedbyHUD regulations. As used in thisNote, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Cab and E>genses If bender has required immediate payment in frill, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note_ 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property, address above or at a different address if Borrower has given Lender a notice of Borrower's different address. AnynoticethaamustbegmcntoLandenmderthisNotewillbe gmmbyfirstclass mailto Lenderatthe address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER TffiS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, inclodiagthepmmisetopsythefonamount owed. Anypersonwhois aguarantor, suretyorendorser ofthisNote isalso 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 obligatcdto keep all ofthepmmises made in this Note. Lender may enforce its rights under this Note against eachperson individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) ROBERT L YM II NOTE DATE: 7/28/2006 (Seal) I Y WITHOUT RECOURSE PAY TO THE ORDER OF: Pennsylvania Housing Finance Agency ITS ASSIGNS AND /OR SUCCESSORS HOWARD HANNA MORTGAGE SERVICES BY: J. , VICE-PRESIDENT FAA Ma1W We Ffsd Rafe Note -10M Page 2 of 2 PSMNOT 7 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described according to a survey by Ronald S. Raffensperger, Registered Surveyor, dated January 18, 1980, as follows, to wit: BEGINNING at a hub on the northwesterly side of Terrace Drive, at a comer of Lot No. 24, said point being measured along the said side of Terrace Drive in a southwesterly direction, a distance of 189.02 feet from its point of intersection with a side of Brandt Avenue; thence extending from said point and along the northwesterly side of Terrace Drive, the following two courses and distances: (1) on the arc of a circle curving to the right having a radius of 200 feet, the arc distance of 4.71 feet to a point of tangent, and (20) South 46 degrees 21 minutes West, a distance of 50.29 feet to an iron pin at a corner of Lot No. 22; thence extending along Lot No. 22, North 43 degrees 39 minutes West, a distance of 107.66 feet to a hub in line of lands now or formerly of P.R. Hawthorne; thence extending along the last mentioned lands, North 46 degrees 21 minutes East, a distance of 27.60 feet to a hub at a comer of Lot No. 27; thence extending partly along Lot No. 27, North 31 degrees 30 minutes 30 seconds East, a distance of 25.49 feet to a hub at a corner of Lot No. 24; thence extending along Lot No. 24, South 45 degrees 02 minutes East, a distance of 114.17 feet to the first mentioned point and place of BEGINNING. BEING shown as Lot No. 23, Block A, Plan of Simpson Terrace Addition No. 1 of Forrest Hills, recorded in Plan Book 4, Page 109. BEING designated as house number 503 Terrace Drive, New Cumberland, Pennsylvania. 6?f"g , Pennsylvania ? 1?1c'?na Housing Finance Agency Accounting / Loan Servicing DivisioA 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105-5057 (1-800-822-7375) Or (717-780-3870) FAX (717) 780-3804 TTY (717) 780-1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED June 10, 2008 RE: Account No 1403039 ROBERT YOST KRISTIN YOST 503 TERRACE DR NEW CUMBERLAND, PA 17070-1563 RE: 503 TERRACE DR NEW CUMBERLAND, PA 17070-1563 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter we, us or ours) on your property located at 503 TERRACE DR, NEW CUMBERLAND, PA 17070-1563 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $950.00 for April 1, 2008 through June 1, 2008 for a total of $2,850.00. Late charges and NSF charges that have accrued to this date in the amounts of $90.48 and $0.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $2,960.48. You may cure this default within thirty (30) DAYS of the date of this letter, by paying to us the total amount of $2,960.48, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made at: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose Your mortgageedp ertv If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to C I I' t 11C it x?'b Pennsylvania Housing Finance Agency Accounting / Loan Servicing Division 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105-5057 (1-800-822-7375) Or (717-780-3870) . FAX (717) 780-3804 TTY (717) 780-1869 $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and revent the sale at antime u to one hour before the sheriffs foreclosure sale. You may do sob paying the total amount of the un aid monthly payments and any late or other charges then due as well as the reasonable attorney's fees and const connected with the foreclosure sale and u e r f o r m any other requirements under the mort a e It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff 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 will be by calling us at the following number: 1-800-822-7375. This payment must be made payable in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PAR'T'Y ACTING ON YOUR BEHALF. If You cure the default the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualify for replacement insurance if you wish to retain it. If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. Pennsylvania ?Housing Finance Agency Accounting / Loan Servicing Division 211 North Front Street, P. 0. Box 15057 Harrisburg, PA 17105-5057 (1-800-822-7375) Or (717-780-3870) FAX (717) 780-3804 TTY (717) 780-1869 Sincerely, TLG/jrd Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 _. 'Pennsylvania Housing Finance Agency Accounting / Loan Servicing Division 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105-5057 (1-800-822-7375) Or (717-780-3870) FAX (717) 780-3804 TTY (717) 780-1869 NOTICE June 10, 2008 ROBERT YOST KRISTIN YOST 503 TERRACE DR NEW CUMBERLAND, PA 17070-1563 RE: Account# 1403039 TO: ROBERT YOST KRISTIN YOST 503 TERRACE DR NEW CUMBERLAND, PA 17070-1563 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD's toll free number (800) 569-4287 for financially distressed mortgagors for information concerning HUD-approved housing counseling agencies. Enclosure Housing Counseling List Pennsylvania Housing Finance Agency Accounting / Loan Servicing Division 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105-5057 (1-800-822-7375) Or (717-780-3870) FAX (717) 780-3804 TTY (717) 780-1869 * Please be sure the agency of your choice services your county. HOUSING COUNCIL OF YORK TABOR COMMUNITY SERVICES 116 N George St 439 E King St. York, PA 17401-1106 Lancaster, PA 17602-3004 Phone: 717-854-1541 Phone: 717-397-5182 M O 7 ? .fi V, 04 C2 CL 0 rn p r' W z d ::- .? cry ??z W d'E Ic U) .. v' v \? M ° r+ o v ° ?p o r4 o Wo \\ ° ° mN o [L Ln o 0 yZ oO ? ri a co A J 14 \ C N Ln m m W W \ ?p b M CD a% H cy, ca p? ?o L U m O N SO 10 J ry .. N •• O Y yy? r.i 7 m N N W W a ri A Qv a ? ? n m m H Z N LL m m a ., ++ a O N O C N L. Y F W 7 N N 4J LL > W {n W D- x m WI L i d cz Inc o o ON .. e M a o ++ > c9 o o a LL r' 7 wa M as CL in a 14 D 41 a Q J C IL a •• a m o vV N zc d a c in m W o N ?" E J .i .. Vl N Z > y O O W * > > .? L ., > w m a L. C2 C N C I CL 4 E om N .i LL r ° .? 01 Q M ?p 9 .O Q ;_ ?• Q .. 9 O W a` V v-. 49 U K O 1 V L V M _ Z a - w a W .i I m Ln W ° a cc H Ix E w S C L m > L7 N M W N I.- V F- L) u O N C Q Y M 3 M 3 N J o W o W W 1 N 6 L. a' ti 0 N (4 4) 4 r- rl N # V .. .. .. .. .. .. ri x U) Q> C L rl L ri O. L ry L m W W M.. LO. La ov ++v w 1 w oa on o m L9 my W AM JU to Lu I=w as x4 J LL IL VERIFICATION Anthony J. Julian hereby states that he is the Director of Accounting and Loan Servicing of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his 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 falsification to authorities. *? * Anthony J. Julia Director of Accounting and Loan Servicing PIaNNSy1,VAN1A 1401J5INO FINANCE AGENCY D ` SERVICING AGENT FOR U.S. BANK, NATIONAL Date: qz&? ASSOCIATION AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY :y o r N 6'4.J :i7 w* SHERIFF'S RETURN - REGULAR CASE NO: 2008-05658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS YOST KRISTIN M ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE Was served upon YOST KRISTEN M the DEFENDANT , at 0013:21 HOURS, on the 4th day of October , 2008 at 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 by handing to KRISTIN YOST DEFENDANT a true and attested copy of COMPLAINT - MORT, FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 17.00 .00 10.00 00 4? 5,00 So Answers: R. `T'homas K ine 10/07/2008 PURCELL KRUG ' HALLER 1-n Sworn and Subscibed to By: before me this day of A.D. i SHERIFF'S RETURN - REGULAR CASE NO: 2008-05658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS YOST KRISTIN M ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOST ROBERT L II the DEFENDANT , at 0013:21 HOURS, on the 4th day of October , 2008 at 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 by handing to KRISTIN YOST WIFE OF DEFENDANT a true and attested copy of COMPLAINT - MORT,FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 110 1 bqicv 16.00 Sworn and Subscibed to before me this day So Answers: rvr! R. Thomas K ine 10/07/2008 PURCELL K RUG ff_ HALLER By: of A. D. . SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05658 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS YOST KRISTIN M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANTS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT OCCUPANTS 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 NO OCCUPANTS OTHER THAN DEFENDANTS Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 1ulo???9 1 So answers: `° R. Thomas Kline Sheriff of Cumberland County PURCELL KRUG &I HALLER 10/07/2008 Sworn and Subscribed to before me this day of A. D. 4 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KRISTIN M. YOST ROBERT L. YOST, II, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-5658 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) KRISTIN M. YOST and ROBERT L. YOST, II for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff s damages as follows: Unpaid Principal Balance $121,699.98 Interest $4,431.94 Per diem of $20.71 From 03/01/2008 To 10/01/2008 Late Charges $180.96 ($30.16 per month to 10/01/2008) Escrow Deficit $994.32 5% Attorney's Commission $6,085.00 TOTAL $133,392.20 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriffs Sale. PURCELL, KRUG & HALLER By Leon P. Hal er PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 4 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Vs. KRISTIN M. YOST ROBERT L. YOST, II, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-5658 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on October 28, 2008 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon P. Haller PA I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 i U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5658 VS. KRISTIN M. YOST AND ROBERT L. YOST, II Defendants CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: October 28, 2008 TO: KRISTIN M. YOST 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 ROBERT L. YOST, lI 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & HALLER B / 4 LEON P. HALLEJe,-Attomey for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KRISTIN M. YOST ROBERT L. YOST, II, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-5658 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this _ t-day of?V 20 S of ublic : W i:Si „ie36 VVtALTH OF PENii .. Y ?y ?:MP% N0 IAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Tvrp., Dauphin CoD1CY > ? t>r)'rr.ssion Expires Aug. 8, 2 LEON P. HER, ESQUIRE F v W ?Y gn VTA • T ? f ? U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KRISTIN M. YOST ROBERT L. YOST, Il, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-5658 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on A61- 4 AUng the following judgment has been entered against you in the above-captioned matter: " $133,392.20 and for the sale and foreclosure of your property located at: 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 Dated: November 12, 2008 Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 PROTHONOTAR I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236 KRISTIN M. YOST 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 ROBERT L. YOST, II 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KRISTIN M. YOST ROBERT L. YOST, Il, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-5658 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) KRISTIN M. YOST and ROBERT L. YOST, H for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance $121,699.98 Interest $4,431.94 Per diem of $20.71 From 03/01/2008 To 10/01/2008 Late Charges $180.96 ($30.16 per month to 10/01/2008) Escrow Deficit $994.32 5% Attorney's Commission $6,085.00 TOTAL $133,392.20 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff s Sale. PURCELL, KRUG & HALLER By Leon P. Hal er PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 11( 1 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. KRISTIN M. YOST ROBERT L. YOST, II, DEFENDANT(S) NO. 08-5658 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070: Name and address of the Owner(s) or Reputed Owner(s): KRISTIN M. YOST 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 ROBERT L. YOST, II 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 k? 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are ma ject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authoriti Leon P. aller PA 1. D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:November 12, 2008 m G :. -r rte. ? rt_+? ?1 ,, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KRISTIN M. YOST ROBERT L. YOST, II, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-5658 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 04, 2009 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-5658 JUDGMENT AMOUNT $133,392.20 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: KRISTIN M. YOST and ROBERT L. YOST, 11 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described according to a survey by Ronald S. Raffensperger, Registered Surveyor dated January 18, 1980, as follows, to wit. BEGINNING at a hub on the northwesterly side of Terrace Drive, at a corner of Lot No. 24, said point being measured along the said side of Terrace Drive in a southwesterly direction, a distance of 189.02 feet from its point of intersection with a side of Brandt Avenue; thence extending from said point and along the northwesterly side of Terrace Drive, the following two courses and distances: (1) on the arc of a circle curving to the right having a radius of 200 feet, the arc distance of 4.71 feet to a point of tangent, and (2) South 46 degrees 21 minutes West, a distance of 50.29 feet to an iron pin at a corner of Lot NO. 22; thence extending along Lot No. 22, North 43 degrees 39 minutes West, a distance of 107.66 feet to a hub in line of lands now or formerly of P.R. Hawthorne; thence extending along the last mentioned lands, North 46 degrees 21 minutes East, a distance of 27.60 feet to a hub at a corner of Lot No. 27; thence extending partly along Lot No. 27, North 31 degrees 30 minutes 30 seconds East, a distance of 25.49 feet to a hub at a corner of Lot No. 24; thence extending along Lot No. 24, South 45 degrees 02 minutes East, a distance of 114.17 feet to the first mentioned point and place of Beginning. BEING shown as Lot No. 23, Block A, Plan of Simpson Terrace Addition No. 1 to Forrest Hills, recorded in Plan Book 4, Page 109. HAVING THEREON ERECTED A DWELLING KNOWN AS 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 PARCEL NO. 26-24-0811-126 SUBJECT to all conditions, easements, restrictions, reservations and rights-of-way of record. BEING THE SAME PREMISES WHICH Lewis S. Krause, III and Jennifer L. Krause (formerly Jennifer L. Pickel) by deed dated 7/28/06 and recorded 8/1/06 in Cumberland County Record Book 275, Page 4704 granted and conveyed unto Robert L. Yost, II and Kristin M. Yost. TO BE SOLD AS THE PROPERTY OF KRISTIN M. YOST AND ROBERT L. YOST, II ON JUDGMENT NO. 08-5658 C ? c= FT o I17 w cri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 08-5658 U.S. BANK NATIONAL ASSOCIATION TRUSTEE Total Judgment Amount $133,392.20 FOR THE PENNSYLVANIA HOUSING FINANCE Interest $3,210.05 AGENCY, Per diem of $20.71 to sale PLAINTIFF date 3/4/2009 Late Charges $150.80 VS. $30.16 per month to sale date 3/4/2009 KRISTIN M. YOST Escrow Deficit $1,843.69 ROBERT L. YOST, II, DEFENDANT(S) TOTAL WRIT $138,596.74 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, March 04, 2009 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE Date: November 12, 2008 Leon alter PA I.D. #15700 SS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 503 TERRACE DRIVE, NEW CUMBERLAND, PA 17070 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY 7? S" -? • o a O M_ M 4 C, O 00000 -?--' -Z O ' p mac tl? p T" H r4 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described according to a survey by Ronald S. Raffensperger, Registered Surveyor dated January 18, 1980, as follows, to wit. BEGINNING at a hub on the northwesterly side of Terrace Drive, at a corner of Lot No. 24, said point being measured along the said side of Terrace Drive in a southwesterly direction, a distance of 189.02 feet from its point of intersection with a side of Brandt Avenue; thence extending from said point and along the northwesterly side of Terrace Drive, the following two courses and distances: (1) on the arc of a circle curving to the right having a radius of 200 feet, the arc distance of 4.71 feet to a point of tangent, and (2) South 46 degrees 21 minutes West, a distance of 50.29 feet to an iron pin at a corner of Lot NO. 22; thence extending along Lot No. 22, North 43 degrees 39 minutes West, a distance of 107.66 feet to a hub in line of lands now or formerly of P.R. Hawthorne; thence extending along the last mentioned lands, North 46 degrees 21 minutes East, a distance of 27.60 feet to a hub at a corner of Lot No. 27; thence extending partly along Lot No. 27, North 31 degrees 30 minutes 30 seconds East, a distance of 25.49 feet to a hub at a corner of Lot No. 24; thence extending along Lot No. 24, South 45 degrees 02 minutes East, a distance of 114.17 feet to the first mentioned point and place of Beginning. BEING shown as Lot No. 23, Block A, Plan of Simpson Terrace Addition No. I to Forrest Hills, recorded in Plan Book 4, Page 109. HAVING THEREON ERECTED A DWELLING KNOWN AS 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 PARCEL NO. 26-24-0811-126 SUBJECT to all conditions, easements, restrictions, reservations and rights-of-way of record. BEING THE SAME PREMISES WHICH Lewis S. Krause, III and Jennifer L. Krause (formerly Jennifer L. Pickel) by deed dated 7/28/06 and recorded 8/1/06 in Cumberland County Record Book 275, Page 4704 granted and conveyed unto Robert L. Yost, II and Kristin M. Yost. TO BE SOLD AS THE PROPERTY OF KRISTIN M. YOST AND ROBERT L. YOST, II ON JUDGMENT NO. 08-5658 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5658 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, Trustee for THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff (s) From KRISTIN M. YOST and ROBERT L. YOST, II (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $133,392.20 L.L. $.50 Interest per diem of $20.71 to sale date 3/04/09 -- $3,210.05 Atty's Comm % Due Prothy $2.00 Atty Paid $196.00 Plaintiff Paid Date: 11/14/08 (Seal) REQUESTING PARTY: Other Costs: Late Charges - $30.16 per month to sale date 3/04/09 -- $150.80 Escrow Deficit -- $1,843.69 Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KRISTIN M. YOST ROBERT L. YOST, II, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-5658 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on JA 12V I IQ c'' I , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: KRISTIN M. YOST 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 ROBERT L. YOST, II 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 Citifinancial, Inc. 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 By Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELLJR. JILL M. WINKA BRIAN J. TYLER NICHOLE M. STALEY O'GORMAN A 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FAX (717) 234-1206 KRISTIN M. YOST 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 ROBERT L. YOST, II 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 Citifinancial, Inc. 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W.PURCELL VALERIE A. GUNNOF COUNSEL NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being n ' ie of said Sheriffs Sale. By: Leon aller PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF vs. KRISTIN M. YOST ROBERT L. YOST, II, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-5658 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 04, 2009 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-5658 JUDGMENT AMOUNT $133,392.20 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: KRISTIN M. YOST and ROBERT L. YOST, 11 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described according to a survey by Ronald S. Raffensperger, Registered Surveyor dated January 18, 1980, as follows, to wit. BEGINNING at a hub on the northwesterly side of Terrace Drive, at a corner of Lot No. 24, said point being measured along the said side of Terrace Drive in a southwesterly direction, a distance of 189.02 feet from its point of intersection with a side of Brandt Avenue; thence extending from said point and along the northwesterly side of Terrace Drive, the following two courses and distances: (1) on the arc of a circle curving to the right having a radius of 200 feet, the arc distance of 4.71 feet to a point of tangent, and (2) South 46 degrees 21 minutes West, a distance of 50.29 feet to an iron pin at a corner of Lot NO. 22; thence extending along Lot No. 22, North 43 degrees 39 minutes West, a distance of 107.66 feet to a hub in line of lands now or formerly of P.R. Hawthorne; thence extending along the last mentioned lands, North 46 degrees 21 minutes East, a distance of 27.60 feet to a hub at a corner of Lot No. 27; thence extending partly along Lot No. 27, North 31 degrees 30 minutes 30 seconds East, a distance of 25.49 feet to a hub at a corner of Lot No. 24; thence extending along Lot No. 24, South 45 degrees 02 minutes East, a distance of 114.17 feet to the first mentioned point and place of Beginning. BEING shown as Lot No. 23, Block A, Plan of Simpson Terrace Addition No. 1 to Forrest Hills, recorded in Plan Book 4, Page 109. HAVING THEREON ERECTED A DWELLING KNOWN AS 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 PARCEL NO. 26-24-0811-126 SUBJECT to all conditions, easements, restrictions, reservations and rights-of-way of record. BEING THE SAME PREMISES WHICH Lewis S. Krause, III and Jennifer L. Krause (formerly Jennifer L. Pickel) by deed dated 7/28/06 and recorded 8/1/06 in Cumberland County Record Book 275, Page 4704 granted and conveyed unto Robert L. Yost, II and Kristin M. Yost. TO BE SOLD AS THE PROPERTY OF KRISTIN M. YOST AND ROBERT L. YOST, II ON JUDGMENT NO. 08-5658 7160 3901 9845 7316 6624 TO: ROBERT L. YOST, II 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 SENDER: NOS 03/04/09 REFERENCE: PHFAJYOST RETURN noerage RECEIPT Gry W Fee SERVICE Return Receipt Fee Restricted Delivery Tood Posers 3 Fees US Postal Service PQSTnN?;OE Receipt for Certified Mail , No Insuranx Coverage Provided Do Not Us. for trAamadonal Mail 7160 3901 9845 7318 6631 T0: KRISTIN M. YOST 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 SENDER: NOS 03/04/09 REFERENCE: PHFA/YOST RETURN Postage RECEIPT Certified Fes SERVICE Return Receipt Fee I TOW Posmps # Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Intemationai Mall r PENNSYLVANIA HOUSING FINANCE AGENCY v. KRISTIN M. YOST ROBERT L. YOST, II Cumberland County Sale 3/4/2009 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: KRISTIN M. YOST 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: ROBERT L. YOST, II 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 7 "y PITNEY 6pyyF5 02 1A $ 01.10° 0004353871 NOV 26 2008 MAILED FROM ZIP CODE 1 710 2 PENNSYLVANIA HOUSING FINANCE AGENCY v. KRISTIN M. YOST ROBERT L. YOST, 11 Cumberland County Sale 3/4/2009 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Citifinancial, Inc. 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 •?,..- ANWWV PITNEY a0wE5 02 1A $ 01.10° ' 0004353871 NOV 26 2008 MAILED FROM zip CODE 1 710 2 r.a Pn .o << F U.S. Bank National Association Trustee In The Court of Common Pleas of For the Pennsylvania Housing Finance Cumberland County, Pennsylvania Agency Writ No. 2008-5658 Civil Term VS Kristin M. Yost and Robert L. Yost, II Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on December 08, 2008 at 1850 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Kristin M. Yost and Robert L. Yost, II, by making known unto Kristin Yost personally and wife of Robert L. Yost, II, at 503 Terrace Drive, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1802 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kristin M. Yost and Robert L. Yost, II located at 503 Terrace Drive, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Kristin M. Yost and Robert L. Yost, Il by regular mail to their last known address of 503 Terrace Drive, New Cumberland, PA 17070. These letters were mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. ' Sheriff s Costs imp, Docketing 30.00 i Poundage 21.37 Posting Bills 15.00 ? (- Advertising 15.00 Zo Law Library .50 ?. Prothonotary 2.00 ° Mileage 30.60 Levy 15.00 Surcharge 30.00 Law Journal 449.00 Patriot News 465.71 Share of bills 15.52 1,089.70 So Answers: R. Thomas Kline, Shen BY Real state oordinator sv "' U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KRISTIN M. YOST ROBERT L. YOST, II, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY-1,-,PENNSYLVANIA CIVIL ACTION LAW NO. 08-5658 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070: 1. Name and address of the Owner(s) or Reputed Owner(s): KRISTIN M. YOST 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 ROBERT L. YOST, II 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 3401 Hartzdale Drive Suite 126 Camp Hill, PA 17011 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANVOCCUPANT 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are ma ject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authoriti Leon P. aller PA I.D. # 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:November 12, 2008 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KRISTIN M. YOST ROBERT L. YOST, 11, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-5658 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 04, 2009 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-5658 JUDGMENT AMOUNT $133,392.20 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: KRISTIN M. YOST and ROBERT L. YOST, 11 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described according to a survey by Ronald S. Raffensperger, Registered Surveyor dated January 18, 1980, as follows, to wit. BEGINNING at a hub on the northwesterly side of Terrace Drive, at a corner of Lot No. 24, said point being measured along the said side of Terrace Drive in a southwesterly direction, a distance of 189.02 feet from its point of intersection with a side of Brandt Avenue; thence extending from said point and along the northwesterly side of Terrace Drive, the following two courses and distances: (1) on the arc of a circle curving to the right having a radius of 200 feet, the arc distance of 4.71 feet to a point of tangent, and (2) South 46 degrees 21 minutes West, a distance of 50.29 feet to an iron pin at a corner of Lot NO. 22; thence extending along Lot No. 22, North 43 degrees 39 minutes West, a distance of 107.66 feet to a hub in line of lands now or formerly of P.R. Hawthorne; thence extending along the last mentioned lands, North 46 degrees 21 minutes East, a distance of 27.60 feet to a hub at a corner of Lot No. 27; thence extending partly along Lot No. 27, North 31 degrees 30 minutes 30 seconds East, a distance of 25.49 feet to a hub at a corner of Lot No. 24; thence extending along Lot No. 24, South 45 degrees 02 minutes East, a distance of 114.17 feet to the first mentioned point and place of Beginning. BEING shown as Lot No. 23, Block A, Plan of Simpson Terrace Addition No. 1 to Forrest Hills, recorded in Plan Book 4, Page 109. HAVING THEREON ERECTED A DWELLING KNOWN AS 503 TERRACE DRIVE NEW CUMBERLAND, PA 17070 PARCEL NO. 26-24-0811-126 SUBJECT to all conditions, easements, restrictions, reservations and rights-of-way of record. BEING THE SAME PREMISES WHICH Lewis S. Krause, III, and Jennifer L. Krause (formerly Jennifer L. Pickel) by deed dated 7/28/06 and recorded 8/1/06 in Cumberland County Record Book 275, Page 4704 granted and conveyed unto Robert L. Yost, II and Kristin M. Yost. TO BE SOLD AS THE PROPERTY OF KRISTIN M. YOST AND ROBERT L. YOST, II ON JUDGMENT NO. 08-5658 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5658 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, Trustee for THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff (s) From KRISTIN M. YOST and ROBERT L. YOST, II (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $133,392.20 L.L. $.50 Interest per diem of $20.71 to sale date 3/04/09 -- $3,210.05 Atty's Comm % Due Prothy $2.00 'Atty Paid $196.00 Plaintiff Paid Date: 11/14/08 (Seal) REQUESTING PARTY: Other Costs: Late Charges - $30.16 per month to sale date 3/04/09 -- $150.80 Escrow Deficit -- $1,843.69 Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale #54 On November 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 503 Terrace Drive, New Cumberland more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 19, 2008 By: Real Esta Sergeant 90:0 dL10 1 312?3NS 3h1 .,G 331' ?? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of 13 day of February 13, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 SWORN TO AND SUBSCRIBED before me this FAMAL AWEA S SM& NO. 54 Writ No. 2008-5658 Civil U.S. Bank National Association Trustee for the Pennsylvania Housing Finance Agency VS. Kristin M. Yost and Robert L. Yost, II Atty.: Leon Haller ALL THAT CERTAIN piece or par- cel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described according to a survey by Ronald S. Raffensperger, Registered Surveyor dated January 18, 1980, as follows, to wit. BEGINNING at a hub on the northwesterly side of Terrace Drive, at a corner of Lot No. 24, said point being measured along the said side of Terrace Drive in a southwesterly di- rection, a distance of 189.02 feet from its point of intersection with a side of Brandt Avenue; thence extending from said point and along the north- westerly side of Terrace Drive, the following two courses and distances: (1) on the arc of a circle curving to the right having a radius of 200 feet, the arc distance of 4.71 feet to a point of tangent, and (2) South 46 degrees 21 minutes West, a distance of 50.29 feet to an iron pin at a comer of Lot NO. 22; thence extending along Lot No. 22, North 43 degrees 39 minutes West, a distance of 107.66 feet to a hub in line of lands now or formerly of P.R. Hawthorne; thence extend- ing along the last mentioned lands, North 46 degrees 21 minutes East, a distance of 27.60 feet to a hub at a corner of Lot No. 27; thence extend- ing partly along Lot No. 27, North 31 degrees 30 minutes 30 seconds East, a distance of 25.49 feet to a hub at a corner of Lot No. 24; thence extending along Lot No. 24, South 45 degrees 02 miriutea E " -a dians" of 114.17 feet to the first mentioned point and place of G shown as Lot No. 23, IiMock A. Plus of Simpson Terrace Addition No. 1 to Forrest Hills, recorded in P60 Book 4, Page 109. HAVING THEREON ERECTED a dwelling known as 503 Terrace Drive, New Cumberland, PA 17070. PARCEL NO. 26-24-0811-126. SUBJECT to all conditions, ease- ments, restrictions, reservations and rights-of-way of record. BEING THE SAME PREMISES WHICH Lewis S. Krause, III and Jen- nifer L. Krause (formerly Jennifer L. Pickel) by deed dated 7/28/06 and recorded 8/1/06 in Cumberland County Record Book 275, Page 4704 granted and conveyed unto Robert L. Yost, II and Kristin M. Yost. TO BE SOLD AS THE PROPERTY OF Kristin M. Yost and Robert L. Yost, II on Judgment No. 08-5658. Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com D, S. BANK, NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA CUMBERLAND COUNTY, PENNA. HOUSING FINANCE AGENCY, CIVIL ACTION - LAW Plaintiff vs. No. 08-5658 Civil KRISTIN M.YOST ROBERT L.YOST, II, Defendant IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY: Please mark the judgment entered in the above captioned case satisfied of record, because the mortgage has been reinstated and the default cured. PURCELL, KR�JIG-3--&-11ALL l Leon P.Haller ]�D #15700 Attorney for Plaintiff Date: March 12, 2013 X )2303