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HomeMy WebLinkAbout10-4810,._., .. .,~~ TF,~ ,-~; , i r~~F?Y Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com 2010 Ju'~ 22 i"' {~~ ~t~ ._.. ~Ji~~- . , , ,.,.Y -- "~'~ w . U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. TRAVIS H. NELL AND LAURA R. NELL Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~. C~g'(~ CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE 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 aze 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 aze 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. PARR DEFENDERSE ES NECESSARIO QUE USTED, O 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 S'~ ®D ed ~y CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET aL ~~5~ ~~ CARLISLE, PA 17013 =-~ 717-249-3166 ~~ ~y ~(1 /a- U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. TRAVIS H. NELL AND LAURA R. NELL, 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.# 15'700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. TRAVIS H. NELL AND LAURA R. NELL, Defendants 10-y~~ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE 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 the Pennsylvania Housing Finance Agency, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. 2. Defendants, TRAVIS H. NELL and LAURA R. NELL, aze adult individuals whose last known address is 130 PEACH GLEN ROAD GARDNERS, PA 17324. 3. On or about, July 24, 2007, the said Defendants executed and delivered a Mortgage Note in the sum of $148,500.00 payable to MEMBERS 1ST FEDERAL CREDIT UNION, which Note is attached hereto and mazked 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 on July 27, 2007 in Mortgage Book 2001, Page 1532 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on July 27, 2007 in Mortgage Book 738, Page 4563. 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 aze incorporated herein by reference. 5. The land subject to the Mortgage is: 130 PEACH GLEN ROAD GARDNERS, PA 17324 and is more IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE particulazly described in Exhibit "B" attached hereto. 6. The said Defendants aze 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 Mazch Ol, 2010 and all subsequent installments thereon, and the following amounts aze due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $23.75 per day From 02/01/2010 To 08/01/2010 ( based on contract rate of 5.9500%) Accumulated Late Chazges Late Chazges $44.28 From 03/01 /2010 to 08/01 /2010 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $143,684.94 $4,298.75 $445.08 $221.40 $626.47 $7,184.25 $156,460.89 **Together with interest at the per diem rate noted above after August O1, 2010 and other chazges and costs to date of Sheriff s Sale. The attorney's fees set forth above aze in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be chazged that aze actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 which contained amendments to Act 91 of 1983 (35 P.S. 1680.401c et. se .and Pennsylvania Act 57 of 2008 which contained amendments to Act 6 of 1974 (41 P.S. 101 et. se . by sending to each Defendant, by certified and regulaz mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice dated May 10, 2010 is attached hereto as Exhibit "C". 10. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. The 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. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.9500% ($23.75 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, G & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) / `, 1 4TULY 24TH, 2007 [Date) NQT~ GETTYSBURG [City] {~ .c=' ~~ LOAN #:NEL268271 PA [State] 130 PEACH GLEN ROAD, GARDNERS, PA 17324 [Property Address] 1. $ORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U. S. $ 14 8 , 5 0 0.0 0 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is MEMBERS 1ST FEDERAL CREDIT UNION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be chazged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.950 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1ST day of each month beginning on SEPTEMBER 1ST, 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. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on AUGUST 1ST, 2037 , I still owe amounts under this Note, I will pay those amounts in full ort that date, which is called the "Maturity Date." I will make my monthly payments at 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U. S. $ 8 8 5.5 7 4. BORROWER' S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they aze due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. l may make a full Prepayment or partial Prepayments without paying a Prepayment chazge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in wrtting to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Wolters Kluwer Financial Servicesrm 3200 1101 VMP®-3N l020~1.0~ Page 1 of 3 ~nilials: ~~~ ~~4~I~~1 f~~~ LG~1 rr 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendaz days after the date it is due, I will pay a late charge to the Note Holder. The amount of the chazge will be 5 . o 0 0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I, owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back b~ me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by 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 the Note Holder under this Note will be given by delivering it or 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. 8. QBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guazantor, sure>ry or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 3200 1 01 VMP®-SNtozor~.ot Faga2or3 inaiais:~ Ltd 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Npte, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate .payment in full of all amounts I owe under this Note. Some of those conditions aze described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) ~ (Seal) TRAVIS H NELL -Borrower LAURA R NELL -Borrower _ (Seal) -Borrower ~~~~ ~ ~VMw`~~ Y G~ u,~wn VMP®-5N ~or _ (Seal) -Borrower . (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower [Sign Original Only) Pege 3 of 3 Form 3200 1101 Ail that certain lot or piece of ground situate in Dickinson Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Donald E. Worley, Registered Surveyor, dated November 9, 1992 recorded in the Office of the Recorder of Deeds for Cumberland County in Ptan Book 65 at Page 78, more particularly bounded and described as follows: BEGINNING at a point in the Peach Glen Road (T-540) at comer of Lot No. 2 on the above • mentioned subdivision plan; thence along Lot No. 2 North 41 degrees 14 minutes 39 seconds West 32.05 feet to a concrete monument; thence continuing along same North 41 degrees 14 minutes 39 seconds West 205.40 feet to a concrete monument; thence continuing along Lot No. 2 South 51 degrees 58 minutes 23 seconds West 165.93 feet to a concrete monument in corner of Lot No. 2 and land now or formerly of Agnes E. Thomas; thence along land now or formerly of Agnes E. Thomas South 37 degrees 15 minutes 00 seconds East 205.10 feet; thence continuing along same South 37 degrees 15 minutes 00 seconds East 32.00 feet to a P.K. nail set in Peach Glen Road; thence continuing in Peach Glen Road North 51 degrees 58 minutes 23 seconds East 182.47 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the aforesaid plan and containing 41,3000 square feet, more or less, including the right of way of T-540. ~ '' ll "~.~.~.~, r/ Date: 5/10/2010 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help 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. Ifyou 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOT11=1CACION OBTENGA UNA TRADUCCI~N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. I ~ ~ < < ' ACT691 LR/dtmdocs/ALSV/ 'N1 ~ b ~ C HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO.: TRAVIS H. NELL LAURA R. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324-9067 1581180 CURRENT LENDER/SERVICER: Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15057 Harrisburg, PA 17105-5057 HOMEOWNERS' 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FO'R 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 THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATA. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DA 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 _Co_u_nseling 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 Homeowners' Emergency Mortgage Assistance Program. To do so you must fill out, sign and file a completed Homeowners' Emergency Mortgage Assistance Program Application with one of the designated Consumer Credit Counseling ACT691 LR/dtmdocs/ALSV/ Agencies listed at the end of tl~.,, 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 (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 bn 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: 130 PEACH GLEN ROAD, GARDNERS, PA 17324-9067, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months March, 2010 thru the first of May, 2010 in the amount of $3,648.00 plus late charges that have accrued in the amount of $356.52. THE TOTAL AMOUNT DUE IS $3,849.08. This includes all payments, fees and expenses due, less any funds we are holding in suspense. 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 $3,849.08 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash in our office, cashier's check, certified check or money order made payable and sent to: PENNSYLVANIA HOUSING FINANCE AGENCY 211 N FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 ACT691 LR/dtmdocs/ALSV/ IF YOU DO NOT CURE THE Dtr'AULT-- 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 attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus anv late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv 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 w111 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 three months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 717-780-3804 (FAX) Contact Person: KIMBERLEY AYALA Counseling Agencies: In addition to malting Appendix B, Notice of Face-To-Face Meeting, please notify PHFA (when we are the first Ilen holder) of the face-to-face meeting and pending submission of application for HEMAP assistance by sending an a-mail to: Kayala@phfa.org. If you do not have access to a-mail, please call Kim Ayala at 717-780-1815 and advise of the face-to-face meeting. 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may 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. (This does not apply if your mortgage was originated under the Home Start Program.) ACT691 LR/dtmdocs/ALSV/ ~ JU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PHFA CCCS of Western PA 211 North Front Street ~ 2000 Linglestown Road Harrisburg, PA 17110 Harrisburg, PA 17102 717.780.3940 888.511.2227 Community Action Commission of Captial Region 1514 Deny Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 ACT691 LR/dtmdocs/ALSV/ Pennsylvania Housing Finance Agency _ Accoantin~ &. Loan servicin 211 North Front Street, P.O. Box 15057 Harrisburg, PA 1 71 05-5 05 7 (800) 346-3597 FAX (717) 780-3804 TTY (717) 780-1869 NOTICE 5/10/2010 TRAVIS H. NELL LAURA R. NELL 130 PEACH GLEN RD GARDNERS, PA 17324 RE: Account #1581180 TO: TRAVIS H. NELL LAURA R. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324-9067 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. Attachment: Housing Counseling List ACT691 LR/dtmdocs/ALSV/ HUD-APPf1_ /ED CREDIT COUNSELING r.,aENCIES CCCS OF WESTERN PA-HARRISBURG NACA 2000 LINGLESTOWN RD. HARRISBURG, PA. 17110 Phone:888-599-2227 HOUSING ALLIANCE OF YORIE 34 S. Duke St. York, PA 17401-1106 Phone: 800-864-4909 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608-1676 Phone: 717-397-5182 1341 N DELAWARE AVE; SUITE 312 PHILADELPHIA, PA. 19125 Phone:888-297-5568 PHILADELPHIA COUNCIL OF COMMINITY DEVELOPMENT ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 PHILADELPHIA, PA. 19103-1828 Phone:800-930-0663 ACT691 LRldtmdocslALSV/ k 7160 3901 9848 7690 2464 ~~ LAURA R HELL 130 PEACH GLEN ROAD GARDNERS,PA 17324 SENDER: THOMPSOT REFERENCES-5 8118 0 RETURN Posfa RECEIPT SERVICE Ca~tlflsd ~° ' 2 . Rstum Reoefpl Fey Reslrbted 2 . Toth Pbslpe a r-eaa 5 ~ US P~Dehd Serviq _ ; "'~_ ~ - ~R DATE Receipt for _ \ ~' Certified Maii _ '' i , , . _ ~~~ ~~ , /7~.; ~ ~~, J ~ ~ ~ ... ~ d O7 ~ . ; '~ Fir /~. ~ W O ~ ro O '~ ~i -~ ~ xn ~ ~ ~, ~ r ~N ~~ o ~ b "d O -- b N e m F+ m O w ~i S~P~ ~.~ Y ~, ~ , r "~"° r't18f' /'IiNEY 6hyyE5 = .. ~C' '~ 2 1:~ ~ i r. 91 .g 4 _ ~ ~+IAItE01=Rt? `~. 2010 . - M 7lPG~DE 1 ~, 01 '- ~- ~..: '' ~ N OD O rd Q~ H r LJ 1 w o~ ~ ~~ ro xi ro ~~$ ~ ~r w N 7d ~P Ns .: ,~ - ~~ ~ o --- W • - _ . _ _ 7360 3903 9848 7690 2457 TRAVIS H HELL 130 PEACH GLEN ROAD GARDNERS,PA 17324 N. SENDER: THOMPSOT REFERENCE;1581180 RETURN - - ~" RECEIPT SERVICE Fea ~~^ Receipt Fsta Rs~ri cbd ToW Postaip d 0'~ S US Postal 3ttrvke P0871irtARK~ Recefp# for ~ -~ . '_ Certfffed MaiFJ~ a ~~; No Qo~apo Provided Do Not Ue~ to- ~ MaN `` yd c ,dt ..~ ~.. __._ . • ?)'i ~ .. ~7 ;v 1r t f _., y~, - N ~' ~ ~, y t"' °° ~+ ~ R F-I O '~ (/~ ~i ~ ~x b r~ ~ ~ r ~ ~ ro o .71 o a ~ ~ ~ ~ ~ f.r M Q ~d ~w A A ,~p,~IE3 ~T ~ r~ r (~ ~ ~MTNFYS ~ ~ ~ i '? R •~. nq,39g, ~ ~~ .one , ~,,~ ~ ~ ~~ __ ;~ A ~' I~ ~ ~+ ~j ~ H to ~ ~ W ~~ ~ . ~ ~ b ~ x s ° -.__ ~. ~ ~ r r ~' ~ a y t"' ~ ~ o ~ ,a ° x . o ~' y v ~~ ~ f1~31 ^^ o ~~ ~~~~: 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. i Director of Accounting and Loan Servicing PENNSYLVANIA HOUSING FINANCE AGENCY Date: ~ SERVICING AGENT FOR U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~,, _ Ronny RAnderson -.~ T ' - Sheriff ~ ` `- ~~,~~ of ~~i~b,rr~ Jody S Smith ~ ` ~ ~ ~ ~ ^ Chief Deputy ~ ;~';_ ~ ~ i ~ ~ ~ f, M `' ~ ~ , ~ ';~ ,ZOlO F~UCr it ~ ~ :; .*3:, Richard W Stewart `~ '~ tl., rr. ~ Solicitor ~~ce c+: rrf~ ~Kr:RtFF ~ ` ; '~ r~ + US Bank National Association vs. Case Number Travis H. Nell (et al.) 2010-4810 SHERIFF'S RETURN OF SERVICE 08/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within nameed defendant to wit: Occupant of 130 Peach Glen Road, Gardners, PA 17324, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 130 Peach Glen Road, Gardners, PA 17324 is currently occupied by Travis and Laura Nell, Husband and Wife. 08/10/2010 01:58 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2010 at 1358 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Laura R. Nell, by making known unto herself personally, at 130 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 08/10/2010 01:58 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2010 at 1358 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to vrrit: Travis H. Nell, by making known unto Laura R. Nell, Wife of defendant at 130 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $75.34 August 10, 2010 ~~~_ NOAH CLINE, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c} CounfySuite Sheriff. 7eieosoff, hic. fl4o OTAk LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717)234-4178 ATTORNEY FOR PLAINTIFF ati'?1 i'7.i1 25 ^a? ° OED LA;tU COUNT'S U.S. BANK, NATIONAL : IN THE COURT OF COMMON PLEAS ASSOCIATION TRUSTEE FOR : THE PENNSYLVANIA HOUSING: CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY Plaintiff :NO. 10-4810 vs. TRAVIS H. NELL AND LAURA R. NELL Defendants : CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PETITION FOR ORDER PURSUANT TO SERVICEMEMBERS CIVIL RELIEF ACT APPOINTING COUNSELTO REPRESENT DEFENDANT, TRAVIS H. NELL 1. Petitioner, U.S. Bank, National Association Trustee for The Pennsylvania Housing Finance Agency, commenced mortgage foreclosure proceedings to the above term and number on July 22, 2010, in the form of a Complaint wherein Plaintiff seeks to foreclosure against Defendants' property located at 130 Peach Glen Road, Gardners, Pennsylvania 17324. 2. The Complaint in Mortgage Foreclosure was served upon Laura R. Nell on August 10, 2010, at 130 Peach Glen Road, Gardners, Pennsylvania 17324. 3. Defendant, Laura R. Nell, advised the Sheriff that Defendant, Travis H. Nell, is on active duty in the U.S. Air Force. 4. Plaintiff has confirmed that Defendant, Travis H. Nell, is now in the Air Force, a copy of the printout from the Department of Defense, Manpower Data Center attached hereto and made a part hereof as Exhibit "A". 5. Pursuant to 50 U.S.C.S. § 521(b)(2) of the "Servicemembers Civil Relief Act" a court may not enter judgment unless an attorney has been appointed to represent the defendant. 6. A copy of §521(b)(2) as published by the United States Code Service is attached hereto and made a part hereof as Exhibit "B". 7. Plaintiff cannot proceed with this foreclosure action due to Defendant being on active duty in the military service. 8. Section 521(b)(2) of the "Servicemembers Civil Relief Act" also requires that the attorney appointed actually locate the defendant, thereby binding the defendant by any judgment entered. 9. Petitioner cannot continue to pursue its action until the court appoints an attorney to represent the Defendant. 10. Plaintiff's counsel has sent letters to Defendants requesting that they advise of their intentions but no response has been forthcoming. 11. The mortgaged property is vacant. 12. The current address of Travis H. Nell is believed to be Apartment 1206, 600 East Reno Avenue, Midwest City, Oklahoma 73110. WHEREFORE, Petitioner respectfully requests that this Honorable Court appoint counsel to represent the Defendant, Travis H. Nell, pursuant to 50 U.S.C.S. § 521(b)(2) of the "Service members Civil Relief Act". Respectfully submitted, By. P ------- Leon;; . Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney for Petitioner Dated: July 25, 2011 Request for Military Status ! ?C l Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jul-20-2011 07:35:37 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency NELL TRAVIS Dec-28-2009 Yes NA Air Force Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). )6t in. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL littp://www.defenselink-mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical infonnation, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. Request for Military Status Page 2 of 2 All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit t ey support. Thi- s-incl ucTes Navy TARS, - aerie Corps ARs a?Coast Guard RF?Acirve Duty status also apphes-to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: I E476BTA613 I of 1 DOCUMENT UNITED STATES CODE SERVICE Copyright © 2005 Matthew Bender & Company, Inc., one of the LEXIS Publishing (TM) companies All rights reserved * * * CURRENT THROUGH P.L. 109-2, APPROVED 2118/05 *** TITLE 50. WAR AND NATIONAL DEFENSE TITLE 50 APPENDIX -- WAR AND NATIONAL DEFENSE SERVICEDEMBERS CIVIL RELIEF ACT TITLE H. GENERAL RELIEF GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION 50 USCSAppx ? 521 (2005) 521. Protection of servicemembers against default judgments (a) Applicability of section. This section applies to any civil action or proceeding in which the defendant does not make an appearance. (b) Affidavit requirement. (1) Plaintiff to file affidavit. In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit-- (A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or (B) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service. (2) Appointment of attorney to represent defendant in military service. If in an action covered by this section it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember. (3) Defendant's military status not ascertained by affidavit. If based upon the affidavits filed in such an action, the court is unable to determine whether the defendant is in military service, the court, before entering judgment, may require the plaintiff to file a bond in an amount approved by the court. If the defendant is later found to be in military service, the bond shall be available to indemnify the defendant against any loss or damage the defendant may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment be set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal and setting aside of a judgment under applicable Federal or State law or regulation or under any applicable ordinance of a political subdivision of a State. The court may issue such orders or enter such judgments as the court determines necessary to protect the rights of the defendant under this Act [50 USCSAppx § ? 501 et seq.]. (4) Satisfaction of requirement for affidavit. The requirement for an affidavit under paragraph (1) may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury. L? ???J 1)v Page 2 50 USCS Appx § 521 (c) Penalty for making or using false affidavit. A person who makes or uses an affidavit permitted under subsection (b) (or a statement, declaration, verification, or certificate as authorized under subsection (b)(4)) knowing it to be false; shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (d) Stay of proceedings. In an action covered by this section in which the defendant is in military service; the court shall grant a stay of proceedings for a minimum period of 90 days under this subsection upon application of counsel, or on the court's own motion, if the court determines that-- (1) there may be a defense to the action and a defense cannot be presented without the presence of the defendant: or (2) after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists. (e) Inapplicability of section 202 procedures. A stay of proceedings under subsection (d) shall not be controlled by procedures or requirements under section 202 [50 USCS Appx § 522]. (f) Section 202 protection. If a servicemember who is a defendant in an action covered by this section receives actual notice of the action, the servicemember may request a stay of proceeding under section 202 [50 USCS Appx § 522]. (g) Vacation or setting aside of default judgments. (1) Authority for court to vacate or set aside judgment. If a default judgment is entered in an action covered by this section against a servicemember during the servicemember's period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment shall, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that-- (A) the servicemember was materially affected by reason of that military service in making a defense to the action: and (B) the servicemember has a meritorious or legal defense to the action or some part of it. (2) Time for filing application. An application under this subsection must be filed not later than 90 days after the date of the termination of or release from military service. (h) Protection of bona fide purchaser. If a court vacates, sets aside, or reverses a default judgment against a servicemember and the vacating, setting aside, or reversing is because of a provision of this Act [50 USCSAppx ¢ ¢ 501 et seq.], that action shall not impair a right or title acquired by a bona fide purchaser for value under the default judgment. HISTORY: (Oct. 17. 1940; ch 888, Title 11, § 201, as added Dec. 19, 2003, P.L. 108-189, § 1; 117 Stat. 2840.) HISTORY; ANCILLARY LAWS AND DIRECTIVES Explanatory notes: A prior § 521 (Act Oct. 17, 1940, ch 888, § 201, 54 Stat. 1181) was replaced in the general revision of Act Oct. 17, 1940, ch 888, by § I of Act Dec. 19, 2003, P.L. 108-189. Such section related to stay of proceedings where military service affects the conduct thereof. For similar provisions, see 50 USCSAppx § 522. Other provisions: Applicability of section. This section applies to any case that is not final before December 19, 2003, pursuant to § 3 of Act Dec. 19, 2003, P.L. 108-189. which appears as 50 USCSAppx § 501 note. NOTES: Research Guide: Federal Procedure: 3 Fed Proc L Ed, Armed Forces, Civil Disturbances, and National Defense § § 5:54, 500-505; 507, 509-512, 514, 516. 520. 522-524. 21A Fed Proc I. Ed, Judgments and Orders § 51:54. VERIFICATION I verify that the statements made in the foregoing Petition for Order Appointing Counsel to Represent Defendant, Travis H. Nell, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller Dated: July 25, 2011 LEON P. HALLER, ESQUIRE LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717)234-4178 ATTORNEY FOR PLAINTIFF U.S. BANK, NATIONAL : IN THE COURT OF COMMON PLEAS ASSOCIATION TRUSTEE FOR : THE PENNSYLVANIA HOUSING: CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY Plaintiff :NO. 10-4810 vs. TRAVIS H. NELL AND LAURA R. NELL Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CERTIFICATION OF SERVICE I, Leon P. Haller, attorney for Plaintiff hereby certify that a true and correct copy of Plaintiffs Petition For Order Appointing Counsel To Represent Defendant, Travis H. Nell, was mailed by first class mail, postage prepaid, to Defendants addressed as follows: Travis H. Nell 130 Peach Glen Road Gardners, PA 17324 Travis H. Nell Apartment 1206 6000 East Reno Avenue Midwest City, Oklahoma 73110 Laura R. Nell 130 Peach Glen Road Gardners, PA 17324 Laura R. Nell Apartment 1206 6000 East Reno Avenue Midwest City, OK 73110 Dated: July 25, 2011 Leon P. Haller Attorney for Plaintiff k , U.S. BANK, NATIONAL : IN THE COURT OF COMMON PLEAS ASSOCIATION TRUSTEE FOR : THE PENNSYLVANIA HOUSING: CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY Plaintiff :NO. 10-4810 vs. TRAVIS H. NELL AND LAURA R. NELL Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ORDER AND NOW, this -- day of , 2011, upon <, -<? ur' C ? w? t w A3 consideration of the foregoing petition, it app aring that the Defendant, Travis H. Nell, is on active duty with the United States Air Force and in accordance with Section 5231(b)(2) of the Servicemembers Relief Act, IT IS HEREBY ORDERED that: rl ?_ is appointed to represent the Defendant, Travis H. Nell. BY THE COURT: r- , -,I Yy . Judge `' ..eon P. Haller, la mR.Nell ?'j vbwig t+. Nell Dawn, ?t ob Esi 0 1 as B C) G N ? C? 1 3 =M rn tx-n r m r -;m --? < C? -n -r CD -.? M .. { R. H. Hawn, Jr. (PA 38457) 39 Old Coach Lane Carlisle, Pennsylvania 17013 For Defendant 610.246.2479 / rhhawn rAtomcast.net Travis H. Nell U.S. Bank, National Association Trustee for the Pennsylvania Housing Finance Agency In the Court of Common Pleas for Cumberland County, Pennsylvania vs. : Civil Action - Law : No 10-4810 Travis H. Nell and Laura R. Nell : In Mortgage Foreclosure PETITION FOR STAY OF PROCEEDINGS TO THE HONORABLE ALBERT H. MASLAND, JUDGE: Pursuant to Section 521(d)(2) of the Servicemembers Civil Relief Act (SCRA), 50 App U.S.C. §§ 501-597b, the undersigned court-appointed counsel (counsel) for defendant Travis H. Nell (Nell) petitions the court for a stay of proceedings in this mortgage foreclosure action and in support thereof states: 1. Plaintiff U.S. Bank, National Association Trustee for the Pennsylvania Housing Finance Agency (U.S. Bank), commenced this mortgage foreclosure action against Nell and his co-defendant, Laura R. Nell, on July 22, 2010 seeking to Page 1 of 5 foreclose upon defendants' property located at 130 Peach Glen Road, Gardners, Pennsylvania. 2. Having determined that Nell is currently in active service with the United States Air Force and residing at 600 East Reno Ave., Apt. 1206, Midwest City, OK 73110, U.S. Bank petitioned the court on July 25, 2011 for the appointment of legal counsel to represent Nell in these proceedings, as required under SCRA section 521(b)(2), 50 App. U.S.C. § 521(b)(2). 3. Consequently, counsel was appointed to represent Nell by order of the court dated August 2, 2011. 4. On August 13, 2011, counsel sent a letter to Nell at the aforementioned Midwest City address via certified mail, return receipt requested, urging Nell to contact counsel immediately to discuss his legal interests, as regards the pending mortgage foreclosure action. 5. According to the certified mail receipt, counsel's August 13th letter was delivered to the Midwest City address on August 16, 2011 and signed for by "Jean Nell - Agent of Addressee." 6. Counsel has received no response to his August 13th letter from Nell or from anyone else on Nell's behalf. 7. Counsel searched several internet databases, but was unable to find a telephone listing or other contact information for Nell. Page 2 of 5 8. Counsel cannot effectively represent Nell's interests in this mortgage foreclosure action without conferring with Nell. 9. Counsel will continue his efforts to communicate with Nell. 10. SCRA section 521(d) states, in pertinent part: "In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum of 90 days under this subsection upon application of counsel, ... if the court determines that ... (2) after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists." WHEREFORE, the undersigned counsel respectfully petitions the court for a stay of all proceedings in this mortgage foreclosure action pending counsel's further efforts to communicate with his client. R. H. Hawn, J?(PA 38457) 39 Old Coach Lan Carlisle, Pennsylvania 17013-8792 610.246.2479 / rhhawni0comcast.net Dated: September 12, 2011 Page 3 of 5 VERIFICATION I verify that the statements made in this Petition For Stay of Proceedings are true and correct to the best of my personal knowledge or information and belief. I understand that any false statements expressed in the petition are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. R. H. Hawn, Ar. Dated: September 12, 2011 Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that on this 12t' day of September, 2011, I served a true and correct copy of the foregoing Petition For Stay of Proceedings via First Class U.S. Mail, postage prepaid, upon the following persons: The Honorable Albert H Masland Leon P. Haller Court of Common Pleas Purcell, Krug & Haller Cumberland County Courthouse 1719 N. Front St. 1 Courthouse Sq. Harrisburg, PA 17102 Carlisle, PA 17013 Travis H. Nell 600 E. Reno Ave., Apt. 1206 Midwest City, OK 73110 R. H. Hawn, Jkr (PA 38457) Page 5 of 5 U.S. Bank, National Association Trustee for the Pennsylvania Housing Finance Agency vs. Travis H. Nell and Laura R. Nell In the Court of Common Pleas for Cumberland County, Pennsylvania C r._ , Civil Action - Law = N° 10-4810 =M -0 -0 In Mortgage Foreclosure s m ? r ° --3 CD ?n n ORDER 5: C-- ?- E` " :70 w AND NOW, having reviewed the defense petition for a stay of proceedings filed pursuant to Section 521(d)(2) of the Servicemembers Civil Relief Act, 50 App U.S.C. §§ 501-597b, it is hereby ORDERED that a stay be immediately AV- G imposed in all proceedings of this mortgage foreclosure action, pP ?r•,.::.o,- By the Court: S Masland, J. 40A- AZ4 / ? 90// -i-1Z - Leon P. Holler, 'Ravis N. Nell o? " I.a m 0-. Nell Leon P. Haller, Esquire Attorney for Plaintiff PURCELL,KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff, VS. TRAVIS H. NELL and LAURA R. NELL Defendants v e FW' IN THE COURT OF COMMON %S N CUMBERLAND COUNTY, -<:I> PENNSYLVANIA cc .? a :NO. 10-4810 5;= 0 ` CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE MOTION TO ALLOW PLAINTIFF TO PROCEED WITH ENTRY OF JUDGMENT AND SCHEDULING OF SHERIFF'S SALE 1. Plaintiff brought the within foreclosure Complaint on July 22, 2010. 2. Defendants were served on August 13, 2010. 3. Plaintiff, Travis H. Nell, was found to be on active duty with the United States Armed Forces. 4. Plaintiff counsel had written to Laura R. Nell on August 24, 2010, asking as to her intentions, a copy of said letter attached hereto and made a part hereof as Exhibit "A". No response was received. 5. Plaintiff's counsel had written to Laura R. Nell on September 24, 2010, asking as to her intentions, a copy of said letter attached hereto and made a part hereof as Exhibit "B". No response was received. 6. On June 17, 2011, after determining that Travis H. Nell was stationed in Midwest City, Oklahoma, another letter was sent, a copy of said letter attached hereto and made a part hereof as Exhibit "C". No response was received. 7. Plaintiff, having learned of Travis H. Nell, being on active duty and pursuant to Servicemembers Civil Relief Act, filed a Motion to Appoint Counsel to Represent Defendant, Travis H. Nell. R. H. Hawn, Jr. was appointed counsel for Travis H. Nell, a copy of the Order attached hereto and made a part hereof as Exhibit "D". 9. Attorney Hawn has not received any response from Defendant, a copy of his letter to Judge Masland attached hereto and made a part hereof as Exhibit "E". 10. Despite continuous letters and a-mails to Travis H. Nell, there has been no response to request to agree to allow Plaintiff to proceed. 11. The property is vacant and it is believed that Defendant has no interest in retaining the property. 12. Payments are owing on the mortgage since March 2010. 13. Total debt owed to Plaintiff exceeds the value of the property. 14. There is no prejudice to Defendant in that there is no equity in the property. 15. The addresses found by Plaintiff are as follows: Travis H. Nell Laura R Nell Travis H. Nell Laura R. Nell 130 Peach Glen Road 130 Peach Glen Road 6000 E. Reno Ave. 6000 E. Reno Ave. Gardners, PA 17324 Gardners, PA 17324 Apt. 1206 Apt. 1206 Midwest City, OK 73110 Midwest City, Ok 73110 WHEREFORE, it is requested that: a Rule be issued upon Travis H. Nell and R. H. Hawn, Jr. , as Court appointed counsel, to show cause, if any, why in rem judgment should not be entered in the amount of $156,460.89 and a Sheriff's Sale scheduled. Respectfully,submitted, vv?/v By: Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 PA Supreme Ct. I.D. 15700 Attorney for Plaintiff Dated: February 15, 2012 VERIFICATION I verify that the statements made in the foregoing Motion to Allow Plaintiff to Proceed with Entry of Judgment and Schedule Sheriff's Sale are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller Dated: February 15, 2012 LAW OFFICES 0 HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA NICHOLEA STALE.Y O'GORMAN LISA A. RYNARD W )6c f 1, V ^ x'&?z A 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 233-1149 HERSHEY (717) 533-3836 August 24, 2010 Laura R. Nell 130 Peach Glen Road Gardners, PA 17324 Re: Foreclosure Action • Dear Ms. Nell: JOHN W. PURCELL(1924-2009) JOSEPH NISSLEY (1910-1982) This office represents the Pennsylvania Housing Financing Agency which has commenced. foreclosure action again your property at 130 Peach Glen Road, Gardners, Pennsylvania. We have some information to the effect that your husband Travis may now be on active military duty; therefore, he may be entitled to some protections pursuant to the Service Members Civil Relief Act. We are wondering what your intentions are with respect to the property. I would appreciate it if you could give me a call or call Darcy in my office. Thank you. 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. Very tryhyhy yo Leon P. LPH/ksd • _, ,g,f u?t. ?'1 HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA NICHOLE M. STALEY O'GORMAN LISA A. RYNARD HERSHEY 1099 GOVERNOR ROAD (717) 533+3836 Valerie A. Gunn Of counsel Laura R. Nell 130 Peach Glen Road Gardners, PA 17324 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102.2392 TELEPHONE (717) 2344178 FAX (717) 233-1149 September 24, 2010 Re: U.S. Bank National Association Trustee for The Pennsylvania Housing Finance Agency vs. Travis H. Nell and Laura R. Nell No. 10-4810 In Mortgage Foreclosure Dear Mrs. Nell: This office represents The Pennsylvania Housing Finance Agency which had filed a mortgage foreclosure action against your property at 130 Peach Glen Road in Gardners, Pennsylvania. I am advised that Travis is in the military which prevents the foreclosure from proceeding pending appointment of an attorney on behalf of Travis. I am wondering if you would be kind enough to give me a call and advise as to your intentions. Is it your intent to give up the house? Would you like to try to work something out PHFA, I have enclosed forms to be completed, signed and returned. In any event, I would appreciate your advising as to your intentions. Thank you. This firm is a debt collector attempting to collect a debt. This notice is sent to you in an attempt to collect the indebtedness referred to in the foregoing paragraphs and any information obtained from you will be used for that purpose. Very truly yours, LPH:bep Leon P. Haller Exhviar* It 44 HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA LISA A. RYNARD LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 233-1149 June 17, 2011 Laura R. Nell Travis H. Nell Apartment 1206 6000 East Reno Avenue Midwest City, OK 73110 EXPRESSED Re: U.S. Bank National Association Trustee for The Pennsylvania Housing Finance Agency vs. Travis H. Nell and Laura R. Nell No. 10-4810 In Mortgage Foreclosure Dear Mr. and Mrs. Nell: I represent The Pennsylvania Housing Finance Agency which has a foreclosure pending against real estate at 130 Peach Glen Road, Gardners, Pennsylvania. Because Travis is now on active duty, we need to have a Court appointed attorney look into this to see what your intentions are or alternatively, you could consent to the judgment and allow the foreclosure to be concluded. I would appreciate your reviewing and advising as to your intentions. If you wish to sign and return the enclosed documents (feel free to speak with counsel first), please sign and return. Alternatively, do not hesitate to call or e-mail me at lhallergl)kh.com. Thank you. This firm is a debt collector attempting to collect a debt. This notice is sent to you in an attempt to collect the indebtedness referred to in the foregoing paragraphs and any information obtained from you will be used for that purpose. Very truly yours, LPH:bep Leon P. Haller EW)4j&1& r U.S. BANK, NATIONAL : IN THE COURT OF COMMON PLEAS ASSOCIATION TRUSTEE FOR : THE PENNSYLVANIA HOUSING: CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY Plaintiff : NO. 10-4810 vs. : CIVIL ACTION - LAW TRAVIS H. NELL AND LAURA : IN MORTGAGE FORECLOSURE R. NELL Defendants ORDER AND NOW, this day of "kt6b , 2011, upon consideration of the foregoing petition, it app aring that the Defendant, Travis H. Nell, is on active duty with the United States Air Force and in accordance with Section 5231(b)(2) of the Servicemembers Relief Act, IT IS HEREBY ORDERED that: / I IT/r a wY is appointed to represent the Defendant, Travis H. Nell. BY THE COURT: Judge ?T s [1?i8A ,t'. LJ R. H. HAwN, JR. ATTORNEYAND COUNSELOR AT LAW 39 OLD COACH LANE CARLISLE, PENNSYLVANIA 17013-8792 610.246.24791 PHHAWNJR CI,COMCAST.NET December 10, 2011 The Honorable Albert H. Masland Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 In re: U.S. Bank v. Nell, Cumberland County Court of Common Pleas Civil Action No 10-4810 (Mortgage Foreclosure) Dear Judge Masland: I am writing regarding the status of this mortgage foreclosure action. As you will recall, I was appointed to represent the legal interests of defendant Travis H. Nell pursuant to your order of August 2, 2011. You issued the order of appointment in accordance with Section 521(b)(2) of the Servicemembers Civil Relief Act (SCRA), 50 App USCS §§ 501-597b, because Mr. Nell is currently in active service with the United. States Air Force. I notified Mr. Nell of my appointment as his legal counsel by letter dated August 13, 2011, which I posted to his last known address via certified mail. The letter's subsequent delivery was confirmed by a U.S. Postal Service receipt bearing the signature of Jean Travis as "agent" for Travis H. Nell. Although I urged my client to respond promptly to my letter by any convenient means, I have not received any communication from or in behalf of Mr. Nell. Nonetheless, on September 12, 2011, I filed a Petition for Stay of Proceedings pursuant to SCRA Section 521(d)(2), 50 App U.S.C. §§ 501-597b, which is pending before you. Having acted, insofar as possible, to secure my client's rights under the SCRA, I await further direction from the Court. yours, R. H. Hawn, cc. Leon P. Haller Travis H. Nell Purcell, Krug & Haller 600 E. Reno Ave., Apt. 1206 1719 N. Front St. Midwest City, OK 73110 Harrisburg, PA 17102 y M PENNSYLVANIA ATTORNEY LICENSE N°038457 U.S. BANK, NATIONAL : IN THE COURT OF COMMON PLEAS ASSOCIATION, TRUSTEE FOR THE : PENNSYLVANIA HOUSING : CUMBERLAND COUNTY, FINANCE AGENCY : PENNSYLVANIA Plaintiff, : :NO. 10-4810 VS. TRAVIS H. NELL and LAURA R. NELL Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE RULE TO SHOW CAUSE AND NOW, this (Q day of /1407t^ C, , 2012, Rule is hereby issued upon Defendant and R. H. Hawn, Jr., as Court appointed counsel, to show cause, if any, why judgment should not be entered and Sheriff's Sale scheduled. Rule returnable: Service to Defendant shall be made by first class mail, postage prepaid, and mailed to the addresses specified in Paragraph 15 of the Motion BY THE COURT: ?m M ZX X. r" r - ' ? 1 c2?tr ?j 11 o1S 've 1) Leon P. Haller, Esquire Attorney For Plaintiff PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 `,CTHONO CP C. 20?2 ill AR -'8 PM 2: 0 2 ?0i' BERLAND COUNT"' t-NNSYLVAN{A. U.S. BANK, NATIONAL : IN THE COURT OF COMMON PLEAS ASSOCIATION, TRUSTEE FOR THE : PENNSYLVANIA HOUSING : CUMBERLAND COUNTY, FINANCE AGENCY : PENNSYLVANIA Plaintiff, : NO. 10-4810 VS. : CIVIL ACTION - LAW TRAVIS H. NELL and LAURA R. NELL Defendants : IN MORTGAGE FORECLOSURE CERTIFICATION OF SERVICE 1, Leon P. Haller, attorney for Plaintiff hereby certify that a true and correct copy of Motion to Allow Plaintiff to Proceed with Entry of Judgment and Schedule Sheriffs Sale and Rule to Show Cause was mailed by first class mail, postage prepaid, to the following individuals on March 7, 2012, addressed as follows: Laura R. Nell 130 Peach Glen Road Gardners, PA 17324 Travis H. Nell 130 Peach Glen Road Gardners, PA 17324 Laura R. Nell 6000 E. Reno Ave., Apt. 1206 Midwest City, OK 73110 Travis H. Nell 6000 E. Reno Ave., Apt. 1206 Midwest City, OK 73110 R. H. Hawn Jr., Esquire 39 Old Coach Lane Carlisle, PA 17013 Leon P. Haller, Attorney for Pl, Dated: March 7, 2012 -O i (f) rv _'. -[ 1 Cn Lry ? ... ..vi - ?? f s e ue, .a- '.r1 R H. Hawn, Jr. (PA 38457) The Law Offices of R. H. Hawn, Jr., LLC 39 Old Coach Lane, Carlisle, Pennsylvania 17013-8792 717.961.9015 / rhhawnjr38457&gmai1.com U.S. Bank, National Association Trustee for the Pennsylvania Housing Finance Agency For Defendant Travis H. Nell : In the Court of Common Pleas for : Cumberland County, Pennsylvania vs. : Civil Action - Law : No 10-4810 Travis H. Nell and Laura R. Nell : In Mortgage Foreclosure RESPONSE TO RULE TO SHOW CAUSE TO THE HONORABLE ALBERT H. MASLAND, JUDGE: Pursuant to his court-appointment as legal counsel for Travis H. Nell ("Nell") under the Servicemembers Civil Relief Act (SCRA), 50 App U.S.C. §§ 501-597b9 R. H. Hawn, Jr. ("counsel") responds, below, to the March 6, 2012 rule issued on Nell and himself to show cause why judgment of foreclosure should not be entered against Nell in this matter: 1. Plaintiff U.S. Bank, National Association Trustee for the Pennsylvania Housing Finance Agency (U.S. Bank), commenced this mortgage foreclosure action Page 1 of 5 against Nell and his co-defendant, Laura R. Nell, on July 22, 2010 seeking to foreclose upon defendants' property located at 130 Peach Glen Road, Gardners, Pennsylvania. 2. Having determined that Nell was in active service with the United States Air Force and residing at 600 East Reno Ave., Apt. 1206, Midwest City, OK 73110, U.S. Bank petitioned the court on July 25, 2011 for the appointment of legal counsel to represent Nell in these proceedings, as required under SCRA section 521(b)(2), 50 App. U.S.C. § 521(b)(2). 3. Consequently, counsel was appointed to represent Nell by order of the court dated August 2, 2011. 4. On August 13, 2011, counsel sent a letter to Nell at the aforementioned Midwest City address via certified mail, return receipt requested, urging Nell to contact counsel immediately to discuss his legal interests, as regards the pending mortgage foreclosure action. 5. According to the certified mail receipt, counsel's August 13`x' letter was delivered to the Midwest City address on August 16, 2011 and signed for by "Jean Nell - Agent of Addressee." 6. Counsel received no response from Nell or from anyone else on Nell's behalf to the August 13`h letter. Page 2 of 5 7. Upon counsel's subsequent petition, the court issued a September 14, 2011 order imposing a stay of these foreclosure proceedings pursuant to SCRA section 521(d), 50 App. U.S.C. § 521(d), which stay has since expired. 8. Since August 2011, counsel has sent several letters to Nell's Midwest City address via First Class U.S. Mail, most recently on March 17, 2012, none of which were answered or returned to counsel. 9. Although he has recently confirmed that Nell remains in active service with the United States Air Force, counsel has yet to find a telephone listing or other contact information for Nell. 10. Because he has never conferred with Nell, counsel cannot refute and, therefore, does not deny any averment set forth in February 15, 2012 motion by U.S. Bank for entry of judgment in foreclosure against Nell. The Law Offices of R. H. Hawn, Jr., LLC A?? - R. H. Hawn, J . (PA 38457) 39 Old Coach Lane Carlisle, Pennsylvania 17013-8792 717.961.9015 / rhhawnjr38457ggmail_com Dated: March 26, 2012 Page 3 of 5 VERIFICATION I verify that the statements made in this Response to Rule to Show Cause are true and correct to the best of my personal knowledge or information and belief. I understand that any false statements expressed in the petition are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. R. H. Hawn, Dated: March 26, 2012 Page 4 of 5 CERTIFICATE OF SERVICE I hereby certify that on this 26 h day of March, 2012, I served a true and correct copy of the foregoing Response to Rule to Show Cause via First Class U.S. Mail, postage prepaid, upon the following persons: Leon P. Haller Purcell, Krug & Haller 1719 N. Front St. Harrisburg, PA 17102 Travis H. Nell 600 E. Reno Ave., Apt. 1206 Midwest City, OK 73110 R. H. Hawn, &PPA 38457) Page 5 of 5 U.S. BANK, NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING : CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY Plaintiff :NO. 10-4810 vs. : CIVIL ACTION - LAW TRAVIS H. NELL AND LAURA : IN MORTGAGE FORECLOSURE R. NELL Defendants O R D E R c rnm 2,. x fl x}r, C) C) 5c: w -4 r3 AND NOW, this day of 2012, upon consideration loq N of Plaintiff's Motion to Allow Plaintiff to Proceed with Entry of Judgment and Scheduling of Sheriff's Sale, no response having been filed by Defendant and the Court appointed counsel for Travis H. Nell having advised of no contact from Defendants, IT IS HEREBY ORDERED that the Motion is granted. Accordingly, the order of this Court is as follows: 1. The Prothonotary of Cumberland County is directed to enter default judgment in rem in favor of Plaintiff and against Defendants in the sum of $156,460.89. 2. Following the entry of judgment, Plaintiff may proceed to schedule a Sheriff's Sale in accordance with Pennsylvania Law. ?1 1.,, `T F-C ?. AJ ?? l BY THE COURT: U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TRAVIS H. NELL AND LAURA R. NELL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW r _J k- :; NO. 10-4810 IN MORTGAGE FORECLOSURE PR AECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: --'a _r.,. ?v ,M -3 d^?d^" a , c ca Cr Pursuant to Plaintiff's Motion and subsequent Order of Court dated April 19, 2012, please enter an "in rem" JUDGMENT in favor of the Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY and against Defendant(s) TRAVIS H. NELL AND LAURA R. NELL in the sum of $156,460.89. PURCELL, KRUG & By Le . Haller PA I.D. # 15700 719 North Front Street Harrisburg, PA 17102 (717) 234-4178 (7) ay?? %) (1, So P A a Tj1,t14 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TRAVIS H. NELL AND LAURA R. NELL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4810 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS t? cn ? --C C") - C1 r.? a 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 day of 20/ P'ta P is eOMM®NWEA\ Tli 6P PffNNSYLVANIA P UTAMAL SEAL MARYLAND K. F'ERRETTI, Notary Public Lower Paxton Tevp., Dauphin County My Commission Expires Aug. 8, 2014 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TRAVIS H. NELL AND LAURA R. NELL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4810 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237 I hereby certify that on April 25, 2012 , a true and correct copy of the _„.. 0 Praecipe to enter judgment on the Court Order dated April 19, 2012 was served on the Defendants in this matter by regular first class mail, postage prepaid (copy attached), addressed as follows: TRAVIS H. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 LAURA R. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 LAURA R. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 TRAVIS H. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 R. H. HAWN, JR., ESOUIRE 39 OLD COACH LANE _ CARLISLE, PA 170= 8792 By v _ Leon P. Hoer PA I.D. # 15700 Atto for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Dated: April 23, 2012 ' v U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TRAVIS H. NELL AND LAURA R. NELL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4810 IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Pursuant to Plaintiff's Motion and subsequent Order of Court dated April 19, 2012, please enter an "in rem" JUDGMENT in favor of the Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY and against Defendant(s) TRAVIS H. NELL AND LAURA R. NELL in the sum of $156,460.89. PURCELL, KRUG & By Le . Haller PA I.D. #15700 719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-4810 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 TRAVIS H. NELL AND LAURA R. NELL (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: $156,460.89 L.L.: $.50 Interest From 8/2/2010 @ PER DIEM OF $23.75 TO SALE DATE 9/5/12 - $17,904.00 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $214.84 Other Costs: LATE CHARGES - $$44.28 PER MONTH TO SALE DATE 9/5/2012 - $929.88 ESCROW DEFICIT - $1,993.14 Plaintiff Paid: Date: 4/26/12 - P David D. Buell, Prothonotary (Seal) ? REQUESTING PARTY: 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW AT NO. 10-4810 U.S. BANK NATIONAL ASSOCIATION TRUSTEE Total Judgment Amount $156,460.89 FOR THE PENNSYLVANIA HOUSING FINANCE Per Court Order dated AGENCY, April 19, 2012 PLAINTIFF Interest from 8/2/2010 @ $17,904.00 Per diem of $23.75 to sale vs. date 9/5/2012 Late Charges $929.88 TRAVIS H. NELL AND $44.28 per month to sale LAURA R. NELL, date 9/5/2012 DEFENDANT(S) Escrow Deficit $1,993.14 TOTAL WRIT $177,286.91 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, Sep tember 05, 2012 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk _ Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURES CO TO THE PROTHONOTARY/CLERK OF SAID COURT: r n, -D r? Issue Writ of Execution in the above captioned c Date: April 24, 2012 Attorney for Plaintiff 1719 North Front Street eon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 COMMONWEALTH OF PENNSYNYANIA . COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND CO Y: To satisfy the judgment, interest and costs ' the abo a captioned case, you are directed to levy upon and sell the property described in the attached description o as 130 PEACH GLEN ROAD GARDNERS, PA 17324 Date: s. S4 C 99 W tr a 1U.SO cc it c1 SD``" a Co ( ! 17 (o C& PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY Wed v? P ? d ALL THAT CERTAIN lot or piece of ground situate in Dickinson Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Donald E. Worley, Registered Surveyor, dated November 9, 1992, recorded in the Recorder of Deeds Office of Cumberland County in Plan Book 65 at Page 78, more particularly bounded and described as follows: BEGINNING at a point in the Peach Glen Road (T-540) at corner of Lot No. 2 on the above mentioned subdivision plan; thence along Lot No. 2 North 41 degrees 14 minutes 39 seconds West 32.05 feet to a concrete monument; thence continuing along same North 41 degrees 14 minutes 39 seconds West 205.40 feet to a concrete monument; thence continuing along Lot No. 2 South 51 degrees 58 minutes 23 seconds West 165.93 feet to a concrete monument in corner of Lot No. 2 and land now or formerly of Agnes E. Thomas; thence along land now or formerly of Agnes E. Thomas, South 37 degrees 15 minutes 00 seconds East 205.10 feet; thence continuing along same South 37 degrees 15 minutes 00 seconds East 32.00 feet to a P.K. nail set in Peach Glen Road; thence continuing along Peach Glen Road North 51 degrees 58 minutes 23 seconds East 182.47 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the aforesaid plan and containing 41,300 square feet more or less, including the right of way of T-540. HAVING THEREON ERECTED A DWELLING KNOWN AS 130 PEACH GLEN ROAD GARDNERS, PA 17324 BEING THE SAME PREMISES WHICH Rachel K. Wright and Richard J. Hedrick, her husband, by Deed dated 7/24/07 and recorded 7/27/07 in Cumberland County Record Book 281, Page 879, granted and conveyed unto Travis H. Nell and Laura R. Nell, husband and wife. TO BE SOLD AS THE PROPERTY OF TRAVIS H. NELL AND LAURA R. NELL ON JUDGMENT NO. 10-4810 ASSESSMENT NO. 08-16-0212-022 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TRAVIS H. NELL AND LAURA R. NELL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS: CUMBERLAND COUNTY, PENNSY4c}I..9CNIAZ3 CIVIL ACTION LAW NO. 10-4810 c CD 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 130 PEACH GLEN ROAD GARDNERS, PA 17324: Name and address of the Owner(s) or Reputed Owner(s): TRAVIS H. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 LAURA R. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 LAURA R. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 TRAVIS H. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 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): 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 130 PEACH GLEN ROAD GARDNERS, PA 17324 R. H. HAWN, JR., ESQUIRE 39 OLD COACH LANE CARLISLE, PA 17013-8792 (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 made t to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities Leon aller PA I.D. # 15700 Pu ell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: April 24, 2012 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TRAVIS H. NELL AND LAURA R. NELL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS-; i , CUMBERLAND COUNTY, PENNSYQ? ANEA S CIVIL ACTION LAW NO. 10-4810 --C ?" IN MORTGAGE FORECLOSURE =i c 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, September 05, 2012 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: 130 PEACH GLEN ROAD GARDNERS, PA 17324 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-4810 JUDGMENT AMOUNT $156,460.89 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TRAVIS H. NELL AND LAURA R. NELL 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 U.S.~BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TRAVIS H. NELL AND LAURA R. NELL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENN5YL~1N~, C CIVIL ACTION LAW a ~ ern c NO. 10-4810 ~~ rev -{ ~ J IN MORTGAGE FORECLOSURE 1~~~ ~ ~ c, y, c .. --~ -{ "- tv RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~~~()-a, , 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 evide and also to the Defendants by Certified Mail, which mailing receipts are attached. Service address as follows: TRAVIS H. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 LAURA R. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 LAURA R. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 TRAVIS H. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 '~`E -^+ ~~ =~'r. cs --1 t Q~ z- ~t~. ~s -~ e), are TENANT/OCCUPANT 130 PEACH GLEN ROAD GARDNERS, PA 17324 __ ~ _ R. H. HAWK, JR., ESQUIRE 39 OLD COACH LANE CARLISLE, PA 17013-8792 By RUG & HALLER Plaintiff 1719'North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA LISA RYNARD TRAVIS H. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 LAURA R. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 LAURA R. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 TRAVIS H. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 130 PEACH GLEN ROAD GARDNERS, PA 17324 R. H. HAWN, JR., ESQUIRE 39 OLD COACH LANE CARLISLE, PA 17013-8792 ~ZC~kC'PGG, ii~~~ O~ C~fl~~2%I~ 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those partie who hold one or more mortgages, judgments or tax liens against the real estate which is the subject f 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 e e ill be divested by the sale and that you have an opportunity to protect your interest, if any, by noti ied of said Sheriffs Sale. By: Haller PA I'.D.15700 for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TRAVIS H. NELL AND LAURA R. NELL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4810 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: Wednesday, September O5, 2012 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 iinainly of a statement of the measured boundaries of the property, together with a brief mentiorn of the and any other major improvements erected on the land. (SEE DESCRIPTION ATTACI~IED) THE LOCATION of your property to be sold is: 130 PEACH GLEN ROAD GARDNERS, PA 17324 THE JUDGMENT under or pursuant to which your property is being sold is docketed in within Commonwealth and County to: No. 10-4810 JUDGMENT AMOUNT $156,460.89 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TRAVIS H. NELL AND LAURA R. NELL T A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governme tal or corporate entities or agencies being entitled to receive part of the proceeds of the sale received an to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities th t are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribu 'on of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone obje is 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 Cc}urt of Common Pleas of the within County at the Courthouse address specified herein. PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can dvise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. r ' 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 FREE LEGAL ADVICE: Cumberland County Baz 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 opi judgment if you have a meritorious defense against the person or company that has entered judo against you. You may also file an petition with the same Court if you are awaze of a regal defect 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 County to set aside the sale for a grossly inadequate price or for- other proper cause. This 1 MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. ;T the the 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paza raphs must be presented to the Court of Common Pleas of the within County. The petition must be se ed on the attorney for the creditor or on the creditor before presentation to the court and a proposed or er or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administ ator's Office -Civil Division, of the within County Courthouse, before a presentation of the petition o the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or piece of ground situate in Dickinson Township, County of Cumberl d, Commonwealth of Pennsylvania, bounded and described in accordance with a subdivision plan pre aze by Donald E. Worley, Registered Surveyor, dated November 9, 1992, recorded in the Recorder of ee~ Office of Cumberland County in Plan Book 65 at Page 78, more particulazly bounded and describe as follows: BEGINNING at a point in the Peach Glen Road (T-540) at corner of Lot No. 2 on the above menti ed subdivision plan; thence along Lot No. 2 North 41 degrees 14 minutes 39 seconds West 32.05 feet t a concrete monument; thence continuing along same North 41 degrees 14 minutes 39 seconds West 205.40 feet to a concrete monument; thence continuing along Lot No. 2 South 51 degrees 58 minut s 23 seconds West 165.93 feet to a concrete monument in corner of Lot No. 2 and land now or formerly f Agnes E. Thomas; thence along land now or formerly of Agnes E. Thomas, South 37 degrees 15 minutes 00 seconds East 205.10 feet; thence continuing along same South 37 degrees 15 minutes 0 seconds East 32.00 feet to a P.K. nail set in Peach Glen Road; thence continuing along peach Glen oaf North 51 degrees 58 minutes 23 seconds East 182.47 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the aforesaid plan and containing 41,300 squaze feet more or less, including t e right of way of T-540. HAVING THEREON ERECTED A DWELLING KNOWN AS 130 PEACH GLEN ROAD GARDNERS, PA 17324 BEING THE SAME PREMISES WHICH Rachel K. Wright and Richard J. Hedrick, her husband, by Deed dated 7/24/07 and recorded 7/27/07 in Cumberland County Record Book 281, Page $79, grante and conveyed unto Travis H. Nell and Laura R. Nell, husband and wife. TO BE SOLD AS THE PROPERTY OF TRAVIS H. NELL AND LAURA R. NELL ON NO. 10-4810 ASSESSMENT NO. 08-16-0212-022 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Cammon Pleas Case Number: 104810 Plaintiff/Petitioner: U.S. BANK NATKNiAL A8SOCU-TK)N TRUSTEE FOR THE PENNSYLVANIA HOUSf9K3 FINANCE AOENCY vs. Defendant/Respondent: TRAVIS H. NELL; et al. Received by HPS Process Service 8 Investigations, inc. to be served on Laura Noll, 6000 East Reno AvMuo, 1206, Midwest City, OK 73110. I, DANIEL R. DICK, being duly swum, depose and say that on the 24th day of July, 2012 at 8:10 pm, I: Served the within named with a true copy of the NoBcd of Sheriff s Salo of Real Estate Pursuant to Pan'nsyivania Ru a of Civil Procedure by leaving with Travis Nell, Spouse at 6000 East Reno Avenue, Apartment 1206, IVINdw~st City, OK 73110. I am over the age of eighteen, and have no interest in the above action. Subscribed and Swom to before me on the 26th day of Ju ~ by the affian is personally known to me. NOjA~y~ PUBLIC ~:("~ pfd;, i A' ,~~ -~~ -r ~~ s~~i: ~., , ~~ DANIEL R. DICK Process Server HPS Process Service b Investlgations, Inc. www.hpsprocoss.com 1888 Jof-erson Kansas City, MO 84108 (800) 796-9~f9 Our Job Serial Number. HAT-201201628 Copyright ®1982-2017 l~tsbese Services, Inc. -Process Server's Toolbox V8.5h AFFIDAVIT OF SERVICE Comtnonweaith of Pennsylvania Case Number: 104810 County of Cumberland Plaintiff/Petitioner: U.B. BANK NATK)NAL ASSOCIATK)N TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY vs. Defendant/Respondent: TRAVIS H. HELL; et al. Common Pleas Received by HPS Process Service 8~ Investigations, Inc. to be served on Travis H. Nell, 6000 East Reno'Avenue, Apartment 1206, AAldwest City, OK 73110. I, DANIEL R. DICK, being duly sworn, depose and say that on the 24th day of July, 2012 at 8:10 pm, I: INDIVIDUALLY SER~lED the within named person with a true copy of this Notice of Sherift"s Sale of Re~i Estate to Pennsyhania Rule of Civil Procedure at the address of 6000 East Reno Avenue, Apartment 1206, IYIid?wsst 73110. I am over the age of eighteen, and have no interest in the above action. Subscribed Sworn to before me on the 26th day of July, ~lfliant who is Wally known to me. ~~, NOT • ' 1C ~~ ljq l~r'i ~y ~0ln~7)rssraps~~ '„' G F~ :,~1~XPrres t,onJl, star, +l1 r691.?d DANIEL CK Process Server HPS Process Service 8 Investigations, Inc. www.hpsprocess.com 1689 Jefhreon Kansas City, MO 64108 (800) 788-9389 Our Job Serial Number: HAT-2012016277 OK Copyright O 1992-ZOt t ~tabeae Servioas, Inc. -Process Server's Toolbox Vt3.5h ,_ _ _ ~ ' 7196 9008 9111 4681 9411 ~; TRAVIS H. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 SENDER: pHFA v. NELL REFERENCE:NOS o9/os/12 '~ Ps Form .:2005 APT C~Md Fee SEfIHICE RIWrn ~~ ~ ~ RpIrMMd ToW poshpe ~ Feea w• US Poems Set1f10e~ POS DAT ~b - Receipt for ti,~a Certified IlAeail~' {~~ Oo Not tia~-1111111i~a~ llr ___....~~~~-L-.k~+d--f~ ?196 90!'NI 9111 4681 9435 'rQ; LAURA R. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 SENDER: pHFA v. NELL REFERENCE: NOS o9ros/12 pETtJRN Poa e REC~P'T c:e~MMd ~ FieMru FMceiPt Fee ReetloMd Saar ~ F.es •" t l / US ~ services PO' n E Rec~ipt~for ~aS 9 Certified Mail'" ,,~'~ No M«..N. ~+Iherlar+ , 9 ~ ~ 0o iweuee~r~wwww o ~ 7196 9008 9111 4681 9428 '~'~; LAURA R. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 !ENDER: pHFA v. NELL lEFERENCE: NOS 09/05/12 - ~sruFw M~T ~!w ~.~ -~- ?_95 ~E _ R~t~ Fee f'i~loMd lbgl Poegipe 8 Fees ~ O • ~~ ~ Pb8181 POS TE' 5~ Receipt for a ~ ti '" ~ Certified Mail ~1 ~ ~~,r,~~~-NMiw ~ l `9 ' OotNttMArMM~Mr111M~ ~ 0, ,.C 7196 9fl08 9111 4681 9442 'ro; TRAVIS H. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 SENDER: pHFA v. NELL REFERENCE:NOS 09/05/12 RE71JfW ~ C~MAM Fee SE 1 FleMrn Fee j RnMlald I U3 t~etai servbe~ Receipt for ~ ti~ Certified Mail'" ~ N ae~eiaw~.we~w~r oe we wt~r~~rw 9\t, a ~~c ,- PEl~iNSYLVANIA HOUSING FINANCE AGENCY v. TRAVIS H. NELL LAURA R. NELL Cumberland County Sale 9/5/2012 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (ln comaliance with Postal Service Form 38771 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TRAVIS H. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comaliance 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: LAURA R. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comaliance with Postal Service Form 38771 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: LAURA R. NELL C~ - `~' c, -'_ ~ ', 6000 EAST RENO AVENUE w ~;~'\~;'~,. APARTMENT 1206 ,~ ' ~ ~~%: MIDWEST CITY, OK 73110 ~" ,~~' ~~ ,`~t , - d 3 o _~ ~, ~ ~® L-, i ® PITNEY RdWES . ~ ''W r- ' 0 2 1M $ 01.15° ' 0004284324 MAY 24 2012 ~ ' • MAILED FROM ZIPCODE 1 710 2 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: TRAVIS H. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 Postmark: U,_S. POSTAL SERVICE CERTIFICATE OF MAIIvING (In compliance with Postal Serviee Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: R. H. HAWN, JR., ESQUIRE 39 OLD COACH LANE CARLISLE, PA 17013-8792 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with P+ustal Serviee Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postmark: /S n c ~~ ~ ~® gnaev eov~s 02 1M ~ 01.1 ° 0004284324 MAY 24 2 12 MAILED FRONT ZIP CODE 1 7 02 ' P)/P~iNSYLVANIA HOUSING FINANCE AGENCY v. TRAVIS H. NELL LAURA R. NELL Cumberland County Sale 9/5/2012 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comaliance with Postal Servke Form 38771 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANTlOCCUPANT 130 PEACH GLEN ROAD GARDNERS, PA 17324 ~~-1 ~~~ `~uG`~.~ ._.~ d~ -5-' y ~, g~P~~'4~ _~ PI ~o ~' ~' 02 1M 0004284324 h MAILED FROM ZIP BEY H01AIE5 31.15° Y 24 2012 ODE 1 110 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~y~rtr et ~'~ttNbr~f~~~ ~~, C~~~tGE q ~~-' ~"ERfF~ ~IL~~'a~~lL~ c~ ~~~~ ~i~aTr~al~a~,~~Y ?~i2 OCT 29 AM !0= 58 GUMBERLANO CQUNi'Y PENNSYLVANIA US Bank Trust National Association Case Number vs. Travis H. Nell (et al.) 2010-4810 SHERIFF'S RETURN OF SERVICE 06/22/2012 03:26 PM -Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 130 Peach Glen Road, Dickinson Township, Gardners, PA 17324, Cumberland County. 06/22/2012 03:26 PM -Deputy Michael Barrick, being duly sworn according to law, attempted service to the Defendant, to wit: Travis H. Nell at 130 Peach Glen Road, Dickinson Township, Gardners, PA 17324. The address was found to be vacant. 06/22/2012 03:26 PM -Deputy Michael Barrick, being duly sworn according to law, attempted service to the Defendant, to wit: Laura R. Nell at 130 Peach Glen Road, Dickinson Township, Gardners, PA 17324. The address was found to be vacant. 07/03/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Laura R. Nell, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 130 Peach Glen Road, Gardners, PA 17324, property has been vacant for over a year. 07/03/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Travis H. Nell, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 130 Peach Glen Road, Gardners, PA 17324, property has been vacant for over a year. 09/06/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Leon Haller, on behalf of US Bank National Association Trustee for the Pennsylvania Housing Finance Agency, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $778.55 SO ANSWERS, October 29, 2012 RON R ANDERSON, SHERIFF s~ ~ ~~. i~; ~euntv$ude Sheriff: Teiecsoft, tna. `~ ~S v ~ "~~ COPY 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 V S. TRAVIS H. NELL AND LAURA R. NELL, DEFENDANT(S) NO. 10-4810 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 130 PEACH GLEN ROAD GARDNERS, PA 17324: 1. Name and address of the Owner(s) or Reputed Owner(s): TRAVIS H. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 LAURA R. NELL 130 PEACH GLEN ROAD GARDNERS, PA 17324 LAURA R. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 TRAVIS H. NELL 6000 EAST RENO AVENUE APARTMENT 1206 MIDWEST CITY, OK 73110 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): U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF V S. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4810 TRAVIS H. NELL AND IN MORTGAGE FORECLOSURE LAURA R. NELL, DEFENDANT(S) 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, September O5, 2012 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: 130 PEACH GLEN ROAD GARDNERS, PA 17324 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-4810 JUDGMENT AMOUNT $156,460.89 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TRAVIS H. NELL AND LAURA R. NELL 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 PRnPFRTY. 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 lot or piece of ground situate in Dickinson Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a subdivision plan prepared by Donald E. Worley, Registered Surveyor, dated November 9, 1992, recorded in the Recorder of Deeds Office of Cumberland County in Plan Book 65 at Page 78, more particularly bounded and described as follows: BEGINNING at a point in the Peach Glen Road (T-540) at corner of Lot No. 2 on the above mentioned subdivision plan; thence along Lot No. 2 North 41 degrees 14 minutes 39 seconds West 32.05 feet to a concrete monument; thence continuing along same North 41 degrees 14 minutes 39 seconds West 205.40 feet to a concrete monument; thence continuing along Lot No. 2 South 51 degrees 58 minutes 23 seconds West 165.93 feet to a concrete monument in corner of Lot No. 2 and land now or formerly of Agnes E. Thomas; thence along land now or formerly of Agnes E. Thomas, South 37 degrees 15 minutes 00 seconds East 205.10 feet; thence continuing along same South 37 degrees 15 minutes 00 seconds East 32.00 feet to a P.K. nail set in Peach Glen Road; thence continuing along Peach Glen Road North 51 degrees 58 minutes 23 seconds East 182.47 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the aforesaid plan and containing 41,300 square feet more or less, including the right of way of T-540. HAVING THEREON ERECTED A DWELLING KNOWN AS 130 PEACH GLEN ROAD GARDNERS, PA 17324 BEING THE SAME PREMISES WHICH Rachel K. Wright and Richard J. Hedrick, her husband, by Deed dated 7/24/07 and recorded 7/27/07 in Cumberland County Record Book 281, Page 879, granted and conveyed unto Travis H. Nell and Laura R. Nell, husband and wife. TO BE SOLD AS THE PROPERTY OF TRAVIS H. NELL AND LAURA R. NELL ON JUDGMENT NO. 10-4810 ASSESSMENT NO. 08-16-0212-022 SHORT LEGAL FOR ADVERTISING: ALL THAT CERTAIN lot or piece of ground situate in Dickinson Township, Cumberland County, Pennsylvania, subdivision plan prepared by Donald E. Worley, Registered Surveyor, dated November 9, 1992, Cumberland County Plan Book 65, Page 78, BEING Lot No. 1 said Plan and containing 41,300 square feet more or less, including the right of way of T-540. HAVING THEREON ERECTED A DWELLING KNOWN AS 130 PEACH GLEN ROAD, GARDNERS, PA 17324. ASSESSMENT NO. 08-16-0212-022 Reference Cumberland County Record Book 281, Page 879. w TO BE SOLD AS THE PROPERTY OF TRAVIS H. NELL AND LAURA R. NELL ON JUDGMENT NO. 10-4810 M WRIT OF EXECUTION and/or ATTACHMENT COIVIMONW~ALTH OF PENNSYLVANIA) NO. 10-4810 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 TRAVIS H. NELL AND LAURA R. HELL (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: $156,460.89 L.L.: $.50 Interest From 8/2/2010 @ PER DIEM OF $23.75 TO SALE DATE 9/5/12 - $17,904.00 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $214.84 Other Costs: LATE CHARGES - $$44.28 PER MONTH TO SALE DATE 9/5/2012 - $929.88 ESCROW DEFICIT - $1,993.14 Plaintiff Paid: Date: 4/26/12 (Seal) REQUESTING PARTY: 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 David D. Buell, Prothonotary Deputy TRUE 60PY 1~ROM ~2E~ORD In Testimony whereof. l into set my hand and the seal of said tat Cs~lisle, Pa. Thy ~~Qday of ~;~, 20 !.~_ ~~~ '~ . wyu,wo Pry I` ao~~u~~~r~~ a~~~.s3 ~~a~ `aa~~€n~.~g e~pr~e~a Ae ZZOZ `9~ ~e~ :a~eq •u~~.~:p~~d.~a~ui a~u~~~~a.~ s~y~. ~tq pine ~i~M siy~. y~,~nn pa[4~ „b', ~~q~yx~ uo ~a~~.~~s ~~~n~ a.~o~u tiZ~LZ `dd 's.~aupae~ `peQ~ u~~~ W~~ad o~~ pa~~,unu p~ue unnv~.~} 'dd ~~~uno~ pu~e~aa~GUn~ 'd~ysu~nol . ~ ~, ~~~~ i i0i u~su~~~~a -~€~~~;~ .~ `~Q.~d ~~~~a a~ u~ ~s~-~a~:~i s,~uepua~.ap aye uocc~n ~~~~~~ E.~a~S aye ZtiOZ `9Z ~te~ up CUMBERLAND LAW JOURNAL writ xo. zoio-a~sio ci.,~l Term US Bank Trust National Association vs. Travis H. Nell Laura R. Nell Atty.: Leon P. Haller ALL THAT CERTAIN lot or piece of ground situate in Dickinson Town- ship, Cumberland County, Penn- sylvania, subdivision plan prepared by Donald E. Worley, Registered Surveyor, dated November 9, 1992, Cumberland County Plan Book 65, Page 78, BEING Lot No. 1 said Plan and containing 41,300 square feet more or less, including the right of way of T -540. HAVING THEREON ERECTED A DWELLING KNOWN AS 130 PEACH GLEN ROAD, GARDNERS, PA 17324. ASSESSMENT NO. 08-16-0212- 022. Reference Cumberland County Record Book 281, Page 879. TO BE SOLD AS THE PROPERTY OF TRAVIS H. NELL AND LAURA R. NELL ON JUDGMENT NO. 10-4810. 77 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 'sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 0 day of August. 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffls Deed in which US Bank National Association Trustee for the Pennsyvlania Housing Finance Agency is the grantee the same having been sold to said grantee on the 5th day of September A.D., 2012, under and by virtue of a writ Execution issued on the 26th day of Aril, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 4810, at the suit of US Bank National Association Trustee for the Pennsyvlania Housing Finance Agency against Travis H. Nell & Laura R. Nell is duly recorded as Instrument Number 201233350. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~3 ~ ~ day of Recorder of Deeds Reorder of Deeds, Cumberiarpi Courm, CarNsle, PA My Commission E~ires the Fast A~Onday of,len. 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he~latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949. respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M" Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07127/12 2oio-aa~o Clvll T~ 08/03/12 US Bank iYust Natlo. ( i _ u Assoclatlon g 08/10/12 '~ Vs ~~ TFavls H. Noll ~ /, Laura R. Nell ~"-tl~_ ` ~ ~ ~ - Atty: Leon P. Haller ... ~ ~~ - - ...... . .. ALL THAT CERTAIN lot or piece of ;' `~~ ground situate in Dickinson'Ibwnship, Sworn to and subscrib~d;befor me this~7 day of August, 2012 A.D. Cumberland County, Pennsylvania, , subdivision plan prepazed try Donald ~ ~ E. Worley, Registered Surveyor, dated , November 9,1992, Cumberland County -~' Plan Book 65, Page 78, sEING Lot No. Notary P u b I i c 1 said Plan and containing 41,300 squaze feet more or less, including the right of way of T -540. ~.;_. VINGTHEREONERECTEDA _~..a,~~~OfVW~'~ ~~?F 4- tV~#~tP /A~IIA DWELLING KNOWN AS 130 PEACH , a , t - __._ _ , GLEN ROAD, GARDNERS, PA 1'7324. ~~t ~~'~ ~~ ~ ;, ~ t,~„r },,; ASSESSMENT N0.08-16-0212-022 ~ ,r ~ ~ , ` Reference Cumberland County Record e~~ ~ ,;.; , ~r~,, ..>~ -~ Book 281, Page 879. ~, - ~ ' __ ___ --- TO BE SOLD AS THE PKt7risia-i' ~ ' ' ` `" "'- ~: `' OF TRAVIS H. HELL AND LAURA R. HELL ON JUDGMENT N0.10-4810