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Home My WebLink About10-5277II Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. MARC S. HOFFENBECKER Defendant aalo 11U61t PN 3.03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE id - 5a77 (i vi ITem THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 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. S CUMBERLAND COUNTY LAWYER REFERRAL SERVICE *q p Ar CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 dt "Sq 717-249-3166 ?ayGLS? U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. MARC S. HOFFENBECKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. MARC S. HOFFENBECKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, 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. Defendant, MARC S. HOFFENBECKER, is an adult individual whose last known mailing address is P.O. BOX 741, HARRISBURG, PA 17108. 3. On or about, April 27, 2007, Frederick Hoffenbecker and Marc S. Hoffenbecker executed and delivered a Mortgage Note in the sum of $107,153.00 payable to PHILADELPHIA FINANCIAL MORTGAGE a division of LEESPORT BANK, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same Frederick Hoffenbecker and Marc S. Hoffenbecker 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 May 9, 2007 in Mortgage Book 1991, Page 2672 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 May 9, 2007 in Mortgage Book 736, Page 3644. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 229 LINCOLN STREET ENOLA, PA 17025 and is more particularly described in Exhibit "B" attached hereto. 6. Frederick Hoffenbecker is deceased and upon his death, title to the subject premises vested in Marc s. Hoffenbecker, by operation of law. Frederick Hoffenbecker and his Estate are not named as party Defendants in this action and are released from liability under the terms of the Note and Mortgage in accordance with P.R.C.P. No. 1144. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on January 01, 2010 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $103,203.19 Interest at $15.77 per day $4,320.98 From 12/01/2009 To 09/01/2010 ( based on contract rate of 5.5000%) Accumulated Late Charges $170.38 Late Charges $24.34 $194.72 From 01 /01 /2010 to 09/01/2010 Escrow Deficit $1,853.57 Attorney's Fee at 5% of Principal Balance $5,160.16 TOTAL $114,903.00 **Together with interest at the per diem rate noted above after September 01, 2010 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8 No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letters dated March 10, 2010 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the March 10, 2010 Act 6 Notices is attached hereto and marked Exhibit "C". 10. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 11. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him 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 5.5000% ($15.77 per diem), together with other charges and costs including escrow advances incidental thereto to the.date of Sheriff s Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ? s s say Loan Nj4: 124007016 NOTE O FHA CASE NO. 441-7930395 /6S.5 APRIL 27, 2007 [Date] 229 LINCOLN STREET, ENOLA, PENNSYLVANIA 17025 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, A PENNSYLVANIA BANKING CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED SEVEN THOUSAND ONE HUNDRED FIFTY-THREE AND 00/100 Dollars (U.S.$ 107, 153 . 00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FIVE AND 500/1000 percent ( 5 . 500 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on JUNE 1, 2007 . Any principal and interest remaining on the first day of MAY 1, 2037 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 1767 SENTRY PARKWAY WEST, SUITE 220, BLUE BELL, PENNSYLVANIA 19422 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 6 0 8 . 4 0 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box.) ? Growing Equity Allonge ? Graduated Payment Allonge ? Other [specify) .f.- 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. MULTWATE-FHA MR) RATE NOTE (6/9ti) Da sr?. 1.- 00) 649-1162 Page I of 2 ?it. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR AND 000/1000 percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable lawrequires a different method, any notice that must be given to Borrower under this Note willbe given by delivering it or by [nailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 and 2 of this Note. (Seal) MCUtC- u0 FFE-1 NCk", FREDERICK H ENBECKER -Borrower MARC S HOFFENBECKER -Borrower - (Seal) -Borrower _ (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower NULL&yrATts-FHA FM® RATE NOTE (6/96) tbcu SY rc . WC. MM 6441362 Page 2 of 2 M .M i I a ALLONGE Loan Number: 124007016 Loan Date: APRIL 27, 2007 Borrower(s): FREDERICK HOFFENBECKER, MARC S HOFFENBECKER Property Address: 229 LINCOLN STREET, ENOLA, PENNSYLVANIA 17025 Principal Balance: $10 7, 15 3 . 0 0 PAY TO THE ORDER OF PENNSYLVANIA HOUSING FINANCE AGENCY Without Recourse IV Company Name: PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK By: (Name) DENISE DIGIOVANNI 1?DRTGAGE IINDIMLMTTTxr_ xsxecuu (Title) MULTISTATE NOTE ALLONGE 03/08/07 OodMrgrc 4'?';rra 600.649.1362 www.docmagic.com ALL THOSE TWO (2} CERTAIN tracts or pare of laelii, tying, being and sduate to Township .0-14 st - ((q rrlerly the B*Mugft Qf WdM Fahr?W, Carunty of rumbgrtan. I?srtns. to lvanb, mora'particufariy bound4d an`cidscn)bed as .foWo?ra? wife BEGIN14ING at a point on the . northerly line of Lincakn Street,, sold polnt.being a ctta; nc;a of sixty ?i3?? : t R11no (pp?'}ochos; more or 1. W r!!sitaaur?d In on Orly d' Norte l irioo{p SIrMt from the FW110astewty aomar of:7tlJno Istreet.and L?coh 8 ttt in allot herly,diraodon along, the line ai Isnds now at fonaed of A. R. Rup1eY teeters; cne huNiml abctoen (i O toi,r (tM):inchea to a p41nt ont the Mxtgt ?ttF-Rf Atpfkforj.Strs theta 11n 4 Wast.ey direction by 1 mm egct n f ?0 ":009 4a to a r-th;VaUdd thsncao.Un a south6rlY direction atoxfg the a of a ttids now ontpf MabathAWms Gleirnr, deceased, and through 116 t enierof.4 frame pardtton Waq one hundred eleven (111) fast sbc (O1511 ':trtcfjss, MWD or less, to a point on Z;,wth tine of Lincoln S,i f~ tence la an essterl)t dlret tia? abng L1nooU1 {15) feet one IMP Ihcr, More or lion, to a polnt the place of SCGINNING. 13EING part of >. .Np 226 23 on a Plan of iQte known as Mlatt111.'..i Adchon to Wgat isw, i rt#c ly ettue?,IrE pdn:deeda a9 Lola Not. 23 and 24 and the vrsatem. nine,(091 (nches, snore or lash, of Lat No. 22, 13EGINNIIVG, at a print the northam aiM of Lincoln Strwl ai the b°t a i p%p t+{o. 227 std dlWding Una poW bsirtg tone diva (45) het, more or Jmk4„wtadeastwandly Amw 01P noah inn lino of "olth$ae?!rl_ogrperof;'fhud garb Lvolrt Streai, Sireai tram -. hKM !? d :d+fe`and dirougl;`the or the'tnAn„ partition Wri hun)lr YnO Asa srotada on * Ps No. 227 and 229, one n (11 t) tept slat (00) trtcltss, +nora or lea ttra t t rise Abolhlon Stroet+ vWWWR In .a wpt? c"mctbn s, $lreet 06t1 (13) fsN, mare or , to point long on ft d s ham leio of vf. AboiNion ixoPe" No. 229 and No. 231; V we.. ' a rtouthedy between 0v14?,Ane:and h 1118 fr5rtysPbn' of:ttta o:akl ptoA+t NQ. 2?9 sni ' . ` ft a e QCW q1 sold orty hundred sk 1 00 NO *M (08) or. Isssto lntcoln wese._ 23i tt1 nbi h-an - Inches. he, more of G;;,p $RfBaf F ft n 15 {,m ` eases dlr?tlort a?8'? rrort wn lino BEGWNIN(3, ( ) t, moos or l* 61166 polnt'or'plaov'ol SAID. 229 U Strs toss twdng Segst. lhereott OrlCtod 229 a dWQft hauls known and numbWod M No, 6414 (`f 119 Pennsylvania Housing Finance A Accountin Loan 211 North 17ront Street, P.O. Box 15057 Harrisburg PA 1 71 05-505 7 (800) 346-3597 1,AX (717) 780-3899 7TY (717) 780-1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 3/10/2010 FREDERICK HOFFENBECKER MARK S. HOFFENBECKER PO BOX 741 HARRISBURG, PA 17108-0741 RE: 229 LINCOLN ST ENOLA, PA 17025-3242 Dear Occupant(s): RE: Account No. 1555275 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter We, Us or Ours) on your property located at 229 LINCOLN ST, ENOLA, PA 17025-3242, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,035.00 for 1/2010 through 3/2010 for a total of $3,105.00. Late charges and NSF charges that have accrued to this date in the amounts of $48.68 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $3,183.68. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $3,183.68, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made at: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortoageed property. If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorney fees. ?? FH AACT/dtmdocs/ALSV/ We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriffas foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments and any late or other charges then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-822-7375. This payment must be made payable in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as 6 no default had occurred. However, you are not entitled to this right to cure your default more than three times in any. calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualify for replacement insurance if you wish to retain it. If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. TLG/ Sincerely, Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 FH AACT/dtmdocs/ALSW Pennsylvania Housing Finance A e Acco . unt?ne it Loan 211 North Front Street, P. 0. Box 15057 Harrisburg, PA 1 71 05-505 7 (800) 346-3597 FAX (717) 780-3899 TTY (717) 780-1869 NOTICE 3/10/2010 FREDERICK HOFFENBECKER MARK S. HOFFENBECKER PO BOX 741 HARRISBURG, PA 17108-0741 RE: Account #1555275 TO: FREDERICK HOFFENBECKER MARK S. HOFFENBECKER 229 LINCOLN ST ENOLA, PA 17025-3242 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD's toll free number (800) 569-4287 for financially distressed mortgagors for information concerning HUD-approved housing counseling agencies. Attachment: Housing Counseling List FHAACT/dtmdocs/ALSW *** PLEASE BE SURE THE AGENCY OF YOUR CHOICE SERVICES YOUR COUNTY *** CCCS OF WESTERN PA-HARRISBURG 2000 LINGLESTOWN RD. HARRISBURG, PA. 17110 Phone:888-599-2227 NACA 1341 N DELAWARE AVE; SUITE 312 PHILADELPHIA, PA. 19125 Phone:888-297-5568 HOUSING ALLIANCE OF YORK DEVELOPMENT 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 PHILADELPHIA COUNCIL OF COMMINITY ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 PHILADELPHIA, PA. 19103-1828 Phone:800-930-0663 FH AACT/dtmdocs/ALSW 7160 3401 9848 7690 5380 TO' MARK S HOFFENBECKER 229 LINCOLN ST ENOLA, PA 17025 SENDER: GOOD REFERENCE: 1555275 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees t US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for international Mal M ' M M u u, -? 7160 3401 9848 7690 5403 FREDERICK HOFFENBECKER 229 LINCOLN ST ENOLA,PA 17025 SENDER: GOOD REFERENCE: 1555275 7160 3901 9846 7690 5373 TO: MARK S HOFFENBECKER PO BOX 741 HARRISBURG,PA 17108 SENDER: GOOD REFERENCE: 1555275 RETURN Postage RECEIPT Certified Fee SERVICE 2- q Return Receipt Fee 'A n Restricted Delivery Total Postage & Fees US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for International Mal{ 7160 3901 9846 7690 5397 TO: FREDERICK HOFFENBECKER PO BOX 741 t HARRISBURG,PA 17108 SENDER: GOOD REFERENCE: 1555275 PS Form 3800 Januarv 2005 RETURN Postage .44 ". RECEIPT Certified Fee 2 80 . SERVICE Return Receipt Fee 2.30 c Restricted Delivery 4J I Total Postage & Fees 5.54 a US Postal Service POSTMARK OR DATE d Receipt for Q Certified Mail N w I w J No Insurance Coverage Provided Oo Not Use jot international Mail RETURN Postage RECEIPT Certified Fee .44 SERVICE Return Receipt Fee .80 2 .30 Restricted Delivery Total Postage & Fees 5. Z94 US Postal Service POSTMARK OR DATE Receipt for Certified Mail No insurance Coverage Provided Oo Not Use for International Mail v O 3 m C c m N o° 3 m A a F-A Ln to to N J to a O 0 o PC po H O 7C ?>4rn ?x G'1 N 0 ro ? N tij ? n FJ 0 co pa A J D te a „...".. C2 z " 1 A o -? m r A ...? o w 8 W .s m O x n y C m $ m 1 ?i ? 1 p ?a N ? N N / uu uu - ° ?` A 61 N D n m m ca m , y Ln 0 pa $ a o c a 1 W N H 0 W • pp + ;, Cn W H 0 C7 o m k '?? G1 F- -- c? F, M z M 0 0 00 w 0 A x n a ?w f/1 M y ? N p \ W ,J ` v 9) I V 0 El 0 of ? 4 3 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. Julian Director of Accounting and Loan Servicing PENNSYLVANIA HOUSING FINANCE AGENCY Date: D SERVICING AGENT FOR U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff u~~t„ ~,, ~ i ~, ei n; f, t~r/~r,~~ ~; Jody S Smith Chief Deputy Richard W Stewart Solicitor ~`i€r -.. "; ~ . _ ;`; ('+ r; y Aff US Bank National Association I Case Number vs. 2010-5277 Marc S. Hoffenbecker SHERIFF'S RETURN OF SERVICE 08/12/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Marc S. Hoffenbecker, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 08/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 229 Lincoln Street, Enola, PA 17025, 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 229 Lincoln Street, Enola, PA 17025 is vacant. 08/25/2010 Dauphin County Return: And now, August 25, 2010 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Marc S. Hoffenbecker the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Attorney Jeff Boswell advised Deputies, Marc S. Hoffenbecker is currently residing in a group home outside of Dauphin County. Mr. Boswell does not have a power of attorney for the defendant and was unable to accept service on behalf of Marc S. Hoffenbecker. SHERIFF COST: $71.50 September 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Mary Jane Snyder Real Estate Depu William, T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin 4 ~~ Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy US BANK NATIONAL ASSOCIATION VS MARL S HOFFENBECKER Sheriff s Return No. 2010-T-2744 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MARC S HOFFENBECKER the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, AUGUST 25, 2010. OTHER COUNTY CASE # 20105277 AS PER ATTY JEFF BOSWELL, HE DOES NOT HAVE POWER OF ATTORNEY FOR THE DEFT, WHO IS IN A GROUP HOME IN A DIFFERENT COUNTY So Answers, ~'jar~a- ~e.~:c.~~-r~-- Deputy: M SWEIGART Plaintiff: US BANK NATIONAL ASSOCIATION Sheriffs Costs: $41.25 8/16/2010 Out Of County Cost: ~~R~.l Sheriff of Dauphin County, Pa. Sworn to and subscribed before rile this_~r da f ~~ O .~ -, ~ ~" _ O TARY' P'H1 C l ""-'-"~ 049MISSION EXPIRES IST MONDAY JANUARY, 20__~.~ of CUM David D. Buell € l�enee X Simpson Prothonota .� 1' Deputy Prothonotary o :, Z ±� r%. � Irene E. Morrow �irkS. Sohonage, ESQ �.�.� �-: Solicitor 1750 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania JO 3:277 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573