HomeMy WebLinkAbout11-8506POWERS, KIRN & JAVARDIAN, LLC
Gregory Javardian, Esquire Id No. 55669
Mary F. Kennedy, Esquire Id No. 77149
Meghan K. Boyle, Esquire Id No. 201661
1310 Industrial Boulevard, Suite 101
Southampton, PA 18966
(215) 942-2090
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ATTORNEYS FOR PLAINTIFF
U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS
4801 FREDERICA STREET
OWENSBORO, KY 42301 CIVIL DIVISION
VS.
JOHN E. HOOD
PLAINTIFF
MICHELLE A. HOOD
904 HERMAN DRIVE
MECHANICSBURG, PA 17055
DEFENDANTS
CUMBERLAND COUNTY
NO. 1 - gs0 6 U. J 1
COMPLAINT IN
MORTGAGE FORECLOSURE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defense or objections to
the claims set forth against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the Court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AI3LE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
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IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE. BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq.
(1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME. AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
POWERS, KIRN & JAVARDIAN, LLC
Gregory Javardian, Esquire Id No. 55669
Mary F. Kennedy, Esquire Id No. 77149
Meghan K. Boyle, Esquire Id No. 201661
1310 Industrial Boulevard, Suite 101
Southampton, PA 18966
(215) 942-2090
ATTORNEYS FOR PLAINTIFF
U.S. BANK NATIONAL ASSOCIATION
4801 FREDERICA STREET
OWENSBORO, KY 42301
PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
VS.
JOHN E. IIOOD
MICHELLE A. HOOD
904 HERMAN DRIVE
MECHANICSBURG, PA 17055
DEFENDANTS
NO.
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION MORTGAGE FORECLOSURE
U.S. Bank National Association (hereinafter referred to as "Plaintiff") is an Institution
conducting business under the Laws of the Commonwealth of Pennsylvania with a
principal place of business at the address indicated in the caption hereof.
John E. Hood and Michelle A. Hood (hereinafter referred to as "Defendants") are adult
individuals residing at the address indicated in the caption hereof.
Plaintiff brings this action to foreclose on the mortgage between Defendants and itself as
Mortgagee by Assignment. The Mortgage, dated November 14, 2002, was recorded on
January 26, 2004 in the Office of the Recorder of Deeds in Cumberland County in
Mortgage Book 1852, Page 816. A copy of the Mortgage is attached and made a part
hereof as Exhibit `A'. Plaintiff is now the legal owner of the mortgage and in the process
of formalizing an assignment of same.
4. The Mortgage secures the indebtedness of a Note executed by the John E. Hood on
November 14, 2002 in the original principal amount of $121,292.00 payable to Plaintiff
in monthly installments with an interest rate of 6.5%. A copy of the Note is attached and
made a part hereof as Exhibit `B'.
5. The land subject to the mortgage is 904 Herman Drive, Mechanicsburg, PA 17055. A
copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and
incorporated herein.
6. Michelle A. Hood is the Record Owners of the mortgaged property located at
904 Herman Drive, Mechanicsburg, PA 17055.
7. The Mortgage is now in default due to the failure of Defendants to make payments as
they became due and owing. As a result of the default, the following amounts are due:
Principal Balance $108,015.78
Interest to 10/01/2010 $7,590.32
Accumulated Late Charges $3,022.35
Hazard Insurance $739.42
City Taxes $365.01
Mortgage Insurance $131.16
Property Preservation/Inspections $870.00
Cost of Suit and Title Search $550.00
Attorney's Fees
TOTAL
$1,300.00
$122,584.04
plus interest from 10/02/2011 at $19.24 per day, costs of suit and attorney's fees.
8. 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 purchase at Sheriff's
sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a
defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S.
Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91
Notice") 35 P.S. Section 1680.403c.
10. The Notice of Homeowners' Emergency Mortgage Assistance was/were required and
Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance
Agency to the Defendants by regular and certified mail on April 20, 2011. A copy of the
Notice is attached and made a part hereof as Exhibit `C'.
WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the
mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $119,787.48 together
with the interest from 8/18/2011 at $19.24 per day, costs of suit and attorney's fees.
POWERS, KIRN & JAVARDIAN, LLC
BY:
Gregory Javardian, Esquire Id. No. 55669
] Mary F. Kennedy, Esquire Id. No. 77141)
_]Meghan K. Boyle, Esquire Id. No. 201661
Attorneys for Plaintiff
EXHIBIT A
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Parcel Number:
AP# 1360OH00DJOHN
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EN# 13600
(Space Above This Line For Recording Data)
FHA Case No.
Commonwealth of Pennsylvania MORTGAGE
441-7021054-703
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THIS MORTGAGE ("Security Instrument") is given on November 14, 2002
The Mortgagor is JOHN E. HOOD
PREPARED BY & RETURN TO:
RAY If UNDLEY
TRANSCONTINENTAL. TITLE CO
4033 TAMPA RD, SUITE 101
OLDSMAR, FL 34677
1-800-225-7897
("Borrower"). This Security Instrument is given to PRIMARY RESIDENTIAL MORTGAGE, INC, A
NEVADA COPORATION
which is organized and existing under the laws of THE STATE OF NEVADA and
whose address is 94 East 2530 North, Cedar City, UT 84720
("Lender"). Borrower owes Lender the principal sum of
One Hundred Twenty One Thousand Two Hundred Ninety Two and no/100
Dollars (U.S. $ 121,292. 00
>•
This debt is evidenced by Borrower's note dated the same date as this Security Instrument
("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
December 1, 2032 . This Security Instrument secures to Lender: (a) the repayment
of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the
FHA Pennsylvania Mortgage - 4196
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VMP MORTGAGE FORMS - (800)521.7291
Page 1 of 9 MW 06/00 initials:
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Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security
of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
the Lender the following described property located in CUMBERLAND
County, Pennsylvania:
SEE ATTACHED
which has the address of 904 HERMAN DR, MECHANICSBURG (Street, City],
Pennsylvania 17055 [Zip Code] ("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of,
and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each
monthly payment, together with the principal and interest as set forth in the Note and any late charges, a
sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold
payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In
any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and
Urban Development ("Secretary"), or in any year in which such premium would have been required if
Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the
dn-WPA) loom Page 2 of 9 Initials:-
b32 17
annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead
of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable
amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are
called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to
exceed the maximum amount that may be required for Borrower's escrow account under the Real. Estate
Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR
Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve
permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are
available in the account may not be based on amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by R.ESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held
by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the
Borrower and require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.
If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with
the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium
installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund
any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by
Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a),
(b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as
follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and
other hazard insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the
Property, whether now in existence or subsequently erected, against any hazards, casualties, and
contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in
the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the
Property, whether now in existence or subsequently erected, against loss by floods to the extent required
by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance
policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in
a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of
loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and
directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly.
All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the
reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts
applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair
of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the
due date of the monthly payments which are referred to in paragraph 2, or change the amount of such
payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness
under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
(M-4R(PA) too(>s) Page 3 of 9 Initials:
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9K0852FGU0818
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force
shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within sixty days after the execution of this Security Instrument (or within sixty days of a later
sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender determines that requirement will
cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not
commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,
reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned
or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
abandoned Property. Borrower shall also be in default if Borrower, during the loan application process,
gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with
any material information) in connection with the loan evidenced by the Note, including, but not limited to,
representations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires
fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger
in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in place
of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the
indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such
proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any
application of the proceeds to the principal shall not extend or postpone the due date of the monthly
payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess
proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security
Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower
shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would
adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish
to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to
perform any other covenants and agreements contained in this Security Instrument, or there is a legal
proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in
bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is
necessary to protect the value of the Property and Lender's rights in the Property, including payment of
taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower
and be secured by this Security Instrument. These amounts shall bear interest from the date of
disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal
proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures
(M-4R(PA) 100061 Page 4 of 9 Initials:
BK 1852PGV8 19
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority
over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall
satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of
payment defaults, require immediate payment in full of all sums secured by this Security
Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including
Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C.
1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all
sums secured by this Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the
Property, is sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence,
or the purchaser or grantee does so occupy the Property but his or her credit has not been
approved in accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in
full, but Lender does not require such payments, Lender does not waive its rights with respect to
subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary
will limit Lender's rights, in the case of payment defaults, to require immediate payment in full
and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure
if not permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 days from the
date hereof, Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. A written statement of any authorized agent of the Secretary dated
subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the
Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this
option may not be exercised by Lender when the unavailability of insurance is solely due to
Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment
in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This
right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument,
Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,
to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and
reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding.
Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain
in effect as if Lender had not required immediate payment in full. However, Lender is not required to
permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two years immediately preceding the commencement of a current foreclosure
®-4R(PA) (0006) Page 5 of 9 Initials:
4)
BK ! 05?H0020
proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or
Borrower's successor in interest. Lender shall not be required to commence proceedings against any
successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver
of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and
agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint
and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is
co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument
or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address Borrower designates by notice to
Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any
address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall
be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and
the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this
Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions
of this Security Instrument or the Note which can be given effect without the conflicting provision. To this
end the provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage,
or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone
else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,
or is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or
hazardous substances by Environmental Law and the following substances: gasoline, kerosene: other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16,
dM-4R(PA) 10006) Page 6 of 9 Initials:
OKI852PU032I
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as
follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues
and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However,
prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security
Instrument, Borrower shall collect and. receive all rents and revenues of the Property as trustee for the
benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an
assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security
Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each
tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written
demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after
giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any
time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured
by the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9,
Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but
not limited to, attorneys' fees and costs of title evidence.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary
requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial
power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C.
3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence
foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall
deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or
applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs.
20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security
Instrument.
22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
(MAR(PA) (0006) Page 7 of 9 Initiais:_
B
9K 1852P. 0 82?
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and
recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into
and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)
were a part of this Security Instrument. [Check applicable box(es)].
? Condominium Rider ? Growing Equity Rider ? Other [specify]
? Planned Unit Development Rider ? Graduated Payment Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses:
__ (Seal)
JOHN E. HOOD Borrower
(Seat)
1 Ch?1 , C ? l /?r16 -Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seat)
Borrower
_ (Seal)
-Borrower
Certificate of Residence
I, do hereby certify that the correct address of
the within-named bender is 94 East 2530 North, Cedar City, U7 84720
Witness my hand this 30th day of No embn 2002
Agent of Lender
(0-4R(PA) ioooei Page 8 of s
81(I852PG0823
COMMONWEALTH OF PENNSYLVANIA, ??iPl1R4N County ss:
On this, it day of before me, the undersigned officer,
personally appeared JOHN E. HOOD
known to me (or satisfactorily proven) to be the
person whose name t$ subscribed to the within instrument and acknowledged that he/She
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission` Expires: 0%* k1 .-400'b
Tide uf'Of[icer . -_,:rtf
NOTARIAL SEAL
PATRIGIA L WALTON, No#aty Pubiie
City' d tiarrisbtxg Dawkin County
My Conimission.Expites .11, 2003
-WPA) iooom Page 9 of 9 Initiats:
BK I 852-PGO821,
EXHIBIT "A"
ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE TOWNSHIP OF UPPER
ALLEN, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE NORTHERN LINE OF HERMAN DRIVE AT THE DIVIDING
LINE BETWEEN LOT NOS. 43 AND 44 ON SAID PLAN; THENCE BY THE DIVIDING LINE
BETWEEN LOT NOS. 43 AND 44, NORTH 6 DEGREES 1 MINUTE WEST 130 FEET TO A
POINT; THENCE BY THE DIVIDING LINE BETWEEN LOT NOS. 27 AND 44 ON SAID PLAN,
NORTH 83 DEGREES 59 MINUTES EAST 81 FEET TO A POINT; THENCE BY THE DIVIDING
LINE BETWEEN LOT NOS. 44 AND 45 ON SAID PLAN, SOUTH 6 DEGREES 1 MINUTE EAST
130 FEET TO A POINT ON THE NORTHERN LINE OF HERMAN DRIVE, THE PLACE OF
BEGINNING.
BEING LOT NO. 44 IN THE PLAN OF LOTS OF JACOB S. STONER, TRACT NO. 2, WHICH
PLAN IS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK,
12, PAGE 18.
HAVING THEREON ERECTED A TWO STORY BRICK AND ALUMINUM SIDING DWELLING
KNOWN AND NUMBERED AS 904 HERMAN DRIVE, MECHANICSBURG, PENNSYLVANIA.
BEING THE SAME PROPERTY CONVEYED TO JOHN E. HOOD BY DEED FROM CLIFFORD F,
HERSEY AND GLADYS V. HERSEY, RECORDED 07/24/2001 IN DEED BOOK 247, PAGE
2811.
this to be recorded
u7iberland County PA
0
?c or of Leeds
EXHIBIT B
LOAN NO. 13600
NOTE FHA Case No.
Multistate 441- 21054-703
November 14, 2002
[Date]
904 HERMAN DR,MECHANICSBURG,PA 17055
[Property Address]
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender"
means PRIMARY RESIDENTIAL MORTGAGE, INC, A NEVADA COPORArION
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred
Twenty One Thousand Two Hundred Ninety Two Dollars and no/100
Dollars (U.S. $ 121, 292.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid
principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six and One / Half
percent ( 6.5000 %) 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 January, 2003 . Any principal and interest remaining on the first day of December , 2032
will be due on that date, which is called the "Maturity Date."
(B) Place
Payment shall be made at 94 East 2530 North, Cedar City, UT 84720
or at such place as Lender may designate in
writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 766.65
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]
?Graduated Payment AllongeD Growing Equity Allonge ?Other [specify]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on
the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the
amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the
Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the
monthly payment unless Lender agrees in writing to those changes.
FHA Multistate Fixed Rate Note -10/95 Pape I of 2
ELF-1 R (9601) ELECTRONIC LASER FORMS. INC. - (800)327-0545 Initials:
LOAN NO. 1,3600
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 percent ( 4.0000 %) 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 law requires.a,different method, any notice that must be given to Borrower under this Note will
be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different
address if Borrower has given Lender a notice of'Borr6W6r's differert 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 this Note.
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
(Seal)
JOHN E HOOD -Borrower
_ (Seal)
-Borrower
- (Seal)
-Borrower
_ (Seal)
-Borrower
ELF-1R (96ot) Page 2 of 2 FHA Case No. 441-7021054-703
I " . '
EXHIBIT C
(Rev. 912008)
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: April 20, 2011
JOHN E. HOOD MICHELLE A. HOOD
904 HERMAN DRI`E 904 HERMAN DRIVE
MECHANICSBURG=PA 17055 MECHANICSBURG, PA 17055
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose.
Rne(-.ifir_information about the nature of the default is provided in the attached vages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save Sour home This Notice explains how the program works To see if HEMAP can help you must
1kXV1QT UnTU' A' k`'RV4ZT TMFR r p FT)TT COT WRRT.TNG AC1F.NCY WITHIN 33 DAYS OF THE DATE OF
The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed
at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency
toll free at 1-800-342-2397 (Persons with impaired hearing can call 717) 780-1869).
This notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
Certified Article Number
- RECORD
MEMO=
HOMEOWNER'S NAME(S): JOHN E. HOOD AND MICHELLE A. HOOD
PROPERTY ADDRESS: 90 RMAN DRIVE, MECHANICSBURG, PA 17055
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER: PRIMARY RESIDENTIAL MORTGAGE, INC.
CURRENT LENDER/SERVICER: U.S. BANK HOME MORTGAGE
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing).
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-
THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit
counseling agencies for the countv in which the nronerty is located are set forth at the end of this Notice. It is
only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default). You have the
right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do
so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with
one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer
credit counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a
foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your
face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEMAPAPPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING
WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE
AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE
LENDER WILL BE TEMPORARILYPREVENTED FROMSTARTINGA FORECLOSUREAGAINST
YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF
FORECLOSURE'
YOU HAVE THE RIGHT TO FILEA HEMAPAPPLICATIONEVENBEYOND THESE TIME
PERIODS. A LATEAPPLICATION WILL NOT PREVENT THE LENDER FROMSTARTINGA
FORECLOSUREACTION, BUT IF YOUR APPLICATIONIS EVENTUALLYAPPROVED AT ANY
TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You
will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING, PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(IF YOU HAVE FILED BANKRUPTCY YOU CAN STILL APPLY FOR EMERGENCY MORTGAGE ASSISTANCE.)
HOW TO CURE YOUR MORTGAGE DEFAULT BRING IT UP TO DATE).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located
at: 904 HERMAN DRIVE, MECHANICSBURG, PA 17055 is SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due from 10/l/10 through 4/1/11in the amount of $1,215.49 per month:
Monthly Payments Plus Late Charges Accrued: $11,530.73
Property Preservation: 790.00
Property Inspection: $20.00
(Suspense) ($0.00)
TOTAL AMOUNT TO CURE DEFAULT $12,340.73
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.)
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 $12,340.73, PLUS ANY MORTGAGE PAYMENTS
AND LATE CHARGES WHICH MAY BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made
either by cash cashier's check certified check or money order made payable and sent to: U.S. Bank Home Mortgage, 4801 Frederica
Street, West B, Owensboro, KY 42301. Contact: Melissa Dant
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this
letter. (do not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that
the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to
pay the mortgage in monthly installments. If full payment of the total amount past due is not made within
THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon
your mortgaged property.
IF YOUR 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 the reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's
fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure
the default and prevent the sale at any time up tone hour before the Sheriff s Sale. You may do so by paying the
total amount then past due plus any late or other charges then due reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing
by the lender and by performing any other requirements under the mortgage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs
sale of the mortgaged property could be held would be approximately NINE (9) 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 -
U.S. Bank Home Mortgage
4801 Frederica Street, West B
Owensboro, KY 42301
Tel.: 1-270-852-5800
Melissa Dant
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or XX may not sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE
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.
Very truly yours,
(POWERS, KIW cs ,JAVA IAN LLC
ATTORNEY FOR LENDER
CC: PENNSYLVANIA HOUSING FINANCE AGENCY -VIA EMAIL - Act9l &phfa.org
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED
THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN
VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE,
IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR,
IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN
THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN
THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME.
FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE
EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER,
IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS
COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated: 1/28/2011 8:36:10 AM
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
Community Action Commission of Capital 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
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397 "°'
irnportan,i rness?-,y?,-
Facing foreclosure? Scammers are targeting people having trouble paying their mortgages.
Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan•
modifications = for a fee. The Federal Trade Commission, the nations consumer protection
agency, wants you to know how to avoid scams that could make your housing situation go frora bad to
worse.
Don't Get Hit by a Pitch.
"We can stop your foreclosure!"
1197% success rate.'"
"Guaranteed to save your home!"
These kinds of claims are the tell-tale signs of
a foreclosure rip-off. Steer clear of anyone
who offers an easy out.
Don't Pay for a Promise.
Don't pay any business, organization, or
person who promises to prevent foreclosure or
get you a new mortgage. These so-called
"foreclosure rescue companies" claim they
can help save your home, but they're out to
make a quick buck. Some may request hefty
fees in advance - and then stop returning your
calls. Others may string you along before
disclosing their charges. Cut off all dealings if
someone insists on a fee.
Send Payments Directly.
Some scammers offer to handle financial
arrangements for you, but then just pocket
your payment. Send your mortgage payments
ONLY to your mortgage servicer.
Dion't Pay ?uor a Second Opinion.
Have you applied for a loan modification and
been fumed down? Never pay for a "second
opinion."
Imitations = Frustrations.
Some con artists use names, phone numbers,
and websites to make it look like they're part
of the government. If you want to contact a
government agency, type the web address
directly into your browser and look up any
address you aren't sure about. Use phone
numbers listed on agency websites or in other
reliable sources, like the Blue Pages in your
phone directory. Don't click on links or open
any attachments in unexpected emails.
Talk to a HUD-Certified Counseling
Agency - For Free.
if you're having trouble paying your mortgage
or you've already gotten a delinquency notice,
free help is a phone call away. -Call 1-888-995
-HOPE for free personalized advice from
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6 0. 0
na?R HOPENOW
Support It Guidance For Homeowners
Sid
MAKING HOME ATFORDAB LF.cov
Y
VERIFICATION
The undersigned hereby states that the statements made in the foregoing pleading are true and correct
to the best of his/her knowledge, information and belief. The undersigned understands that the statements
therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
Name: eather atton
Title: Officer
U.S. Bank National Association
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
QFFI .E Cf . F =-ERIFF
F ILED-GFFICE
('F THE P R 0 T Ha ?o Tarr
2011 N8Y 18 Ali 10: C-
CUMBERLAND COUNTY
PENNSYLVANIA
US Bank National Association
Case Number
vs.
John E. Hood (et al.) 2011-8506
SHERIFF'S RETURN OF SERVICE
11/15/2011 05:08 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
November 15, 2011 at 1708 hours, he served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: John E. Hood, by making known unto himself
personally, at 904 Herman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents
and at the same time handing to him personally the said true and correct copy of the same.
GERALD WORTHINGT , DEPUTY
11/15/2011 05:08 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
November 15, 2011 at 1708 hours, he served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: Michelle A. Hood, by making known unto John
Hood, Husband of Defendant at 904 Herman Drive, Mechanicsburg, Cumberland County, Pennsylvania
17055 its contents and at the same time handing to him personally the said true and correct copy of the
same.
SHERIFF COST: $54.00
November 16, 2011
GERALD WORTHINGT , DEPUTY
SO ANSWERS,
r
RON R ANDERSON, SHERIFF
toj COwitySWle Sheriff. Teleosoft. Inc.
POWERS, KIR.N & JAVARDIAN, LCC
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
MARY E=. KENNEDY, ESQUIRE Id. No. 77149
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661
SEAN 1'. MAYS, ESQUIRE Id No. 307518
1310 INDUSTRIAL BOULEVARD
I" FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-2090
U.S. BANK. NATIONAL ASSOCIATION
4801 FREDERICA STREET
OWENSBORO, KY 42301
vs.
John E. Hood
Michelle A. Hood
904 Herman Drive
Mechanicsburg, PA 17055
1a TiiE 12?-OT
2012 FEB 22 AM 11: 13
JM,3ERL ND COUNTY
='EN'NSYLVANIA
COURT OF COMMON PLEAS
Cumberland COUNTY
No.: 11-8506
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO TI lE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against.lohn E. Hood and Michelle A.
Hood, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days fi-om service
thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as
follows:
As Set forth in Complaint $122,584.04
Interest 10/02/2011 to 02/16/2012 2,635.88
TOTAL $125,219.92
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown
above. and (2) that notice has been given in accordance with Rule 237.1., copy attached.
ry Javard squire Id. No. 55669
/G ire
v Mary F. Kenne y Esquire ld. No. 77149
GMeghan K. Boy e, Esquire Id. No. 201661
?Sean P. Mays, Esquire Id. No. 307518
Attorneys for Plaintiff
Damages are hereby assessed as indicated
DATE: /,qgj/,9
3 VA?
PRO PROTHY
Q r,?- * 14. sd pd a* -
C1(- -4 acs I (r)
Q it a -713q5
val"Lt (OL lei
A #11-0219
POWERS, KIRN & JAVARDIAN, LLC
BY: Gregory Javardian, Esquire
ID No. 55669
1310 Industrial Boulevard, Suite 101
Southampton, PA 18966
Telephone: 215-942-2090
Attorneys for Plaintiff
U.S. BANK NATIONAL ASSOCIATION
Plaintiff
vs.
John E. Hood and Michelle A. Hood
Defendants
John E. Hood
904 Herman Drive
Mechanicsburg, PA 17055
In the Court of Common Pleas
CUMBERLAND COUNTY
No. 11-8506 Civil
Michelle A. Hood
904 Herman Drive
Mechanicsburg, PA 17055
DATE OF NOTICE: December 19, 2011
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to take action required by you in this case. Unless you act
within ten (10) days from the date of this notice, a judgment may be entered against you without a
hearing and you may lose your property or other important rights. You should take this notice to a
lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office
to find out where you can get legal help.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Phone: 717-2,43-9400
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone: 717-249-3166
Jav4iAian. Esquire
Usted se encuentra en estado de rebeldia por no ?aber tomala accion requiida de su parte en este caso.
Al no tomar la accion debida dentro de un termino de diez (41m) dias de esta notification, el tribunal
podra, sin necesidad de compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su
contra, usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion a un
abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya
en persona o llame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar
donde se puede conseguir assistencia legal.
"NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE"
POWERS, KIRN & JAVARDIAN, LCC
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
MARY F. KENNEDY, ESQUIRE Id. No. 77149
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661
SEAN P. MAYS, ESQUIRE Id No. 307518
1310 INDUSTRIAL BOULEVARD
Is' FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-2090
a .' .;;_Ti?0?J07?-1; `.
L,O1,2 FEB 2_2 AM II: 14
`_"UMBERLAND COUNTY
' D
ENNSYLVANIA
U.S. BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS
vs. Cumberland COUNTY
John E. Hood No.: 11-8506
Michelle.A. Hood
VERIFICATION OF NON-MILITARY SERVICE
The undersigned hereby verifies that he/she is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he/she has knowledge of
the following facts, to wit:
(a) Defendant(s), John E. Hood, is not in the Military or Naval Service of
the United States or its Allies, or otherwise within the provisions of
the Soldiers' and Sailors' Civil Relief Act of Congress of 1940. as
amended.
(b) Plaintiff is unable to determine if the Defendant Michelle A. Hood is
in the Military or Naval Service of the United States or its Allies, or
otherwise within the provisions of the Servicemembers Civil Relief
Act of 2003, 50 USC App. 501 because it is unaware of the date of
birth or social security number of the Defendant.
(c) Defendant, John E. Hood, is over 18 years of age, and resides at 904
Herman Drive, Mechanicsburg, PA 17055.
(d) Defendant, Michelle A. Hood, is over 18 years of age, and resides at
904 Herman Drive, Mechanicsburg, PA 17055.
(e) Plaintiff, U.S. BANK, NATIONAL ASSOCIATION, is an institution
conducing business under the Laws of the Commonwealth of
Pennsylvania with an address of 4801 FREDERICA STREET,
OWENSBORO, KY 42301.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
" r.
MGre ry Ja rdi n squire Id. No. 55669
?Ma F. Kenned squire Id. No. 77149
iMeghan K. Boyle, Esquire Id. No. 201661
]Sean P. Mays, Esquire Id. No. 307518
Attorneys for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 11-8506 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U.S. BANK, NATIONAL ASSOCIATION Plaintiff (s)
From JOHN E. HOOD, MICHELLE A. HOOD
(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: $125,219.92 L.L.:
Interest FROM 2/16/2012 TO DATE OF SALE @ $20.58 PER DIEM
Atty's Comm: % Due Prothy: $2.25
Arty Paid: $193.50 Other Costs:
Plaintiff Paid:
Date: 4/4/12
David D. Buell, Prothonotaty-
(Sea!)
Deputy
REQUESTING PARTY:
Name: GREGORY JAVARDIAN, ESQUIRE
Address: LAW OFFICES OF GREGORY JAVARDIAN
1:310 INDUSTRIAL BLVD., 1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
Attorney fir: PLAINTIFF
Telephone: 215-942-9690
Supreme Court ID No. 18966
4
COMMONWEALTH OF PENNSYLVANIA , ' 0 TNONO rA t
COUNTY OF CUMBERLAND 2 ? 17 RR - 4 A H +0; U 1.,
i. M ERLAND COUNT`'
U.S. BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS PENNSYLVANIA
4801 FREDERICA STREET
OWENSBORO, KY 42301 CUMBERLAND COUNTY
vs.
No.: 11-8506
John E. Hood
Michelle A. Hood
904 Herman Drive
Mechanicsburg, PA 17055
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly issue Writ of Execution in the above matter.
Amount Due
Interest from 02/16/2012 to Date of Sale
@ $20.58 per diem
Subtotal
(Costs to be added)
CSb
auk " -so P8 lx?
YLI w e4F
q"?'00 11'f
?. <
$125,219.92
Z7 4
IVJGrPory Javardi squire Id. No. 55669
A Mary F. Kenned squire Id. No. 77149
Meghan K. Boyle, Esquire Id. No. 201661
? Sean P. Mays, Esquire Id. No. 307518
Attorneys for Plaintiff
1310 Industrial Boulevard
1 st Floor, Suite 101
Southampton, PA 18966
(215) 942-2090
??.9s-iVe?.
R#a-733/s ??vi?- o-? Q?,s,iPd
All that certain lot of parcel of ground situate in the Township of Upper Allen, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
Beginning at a point on the Northern line of Herman Drive at the dividing line between Lot Nos. 43
and 44 on said Plan; thence by the dividing line between Lot Nos. 43 and 44, North 6 degrees 1
minute West: 130 feet to a point; thence by the dividing line between Lot Nos. 27 and 44 on said
plan, North 83 degrees 59 minutes East 81 feet to a point thence by the dividing line between Lot
No. 44 and 45 on said plan, South 6 Degrees 1 minute East 130 feet to a point on the Northern line
of Herman Drive, the place of beginning.
Being Lot No.33 in the plan of Lots of Jacob S. Stoner, Tract No.2, which Plan is recorded in the
Cumberland County Recorder's Office in Plan Book 12, page 18.
Being the same premises, which John E. Hood, by Deed dated November 19, 2010 recorded
November 23 2010, in the Office for the Recorder of Deeds in and for Cumberland County, in
Instrument Number 201034314, conveyed unto Michelle A. Hood.
Being known as 904 Herman Drive, Mechanicsburg, PA 17055
Tax Parcel: 42-30-2108-109
U.S. BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS
CUMBERLAND COUNTY -cx? -
vs.
John E. Hood No.: H-8506 ter- 4 ?f
Michelle A. Hood CI:5
AFFIDAVIT PURSUANT TO RULE 3129.1 `-moo car
-c--
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property located at 904 Herman Drive,
Mechanicsburg, PA 17055:
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
John E. Hood 904 Herman Drive
Mechanicsburg, PA 17055
Michelle A. Hood 904 Herman Drive
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
John E. Hood 904 Herman Drive
Mechanicsburg, PA 17055
Michelle A. Hood 904 Herman Drive
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Commonwealth Financial Systems, Inc. 120 N. Keyser Avenue
Scranton, PA 18504
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
PRMI, Inc. 1725 South Berry Knoll Boulevard
Centennial Park, AZ 86021-1200
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
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.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Cumberland County Domestic Relations
Cumberland County Tax Claim Bureau
PA Department of Public Welfare
Bureau of Child Support Enforcement
13 N. Hanover Street
Carlisle, PA 17013
1 Courthouse Square
Carlisle, PA 17013-3387
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
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:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants 904 Herman Drive
Mechanicsburg, PA 17055
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
IIGre4 ry Javardiaq squire Id. No. 55669
::I Ma F. Kennedy squire Id. No. 77149
:]Meghan K. Boyle, Esquire Id. No. 201661
Sean P. Mays, Esquire Id. No. 307518
Attorneys for Plaintiff
February 29, 2012
t
POWERS, KIRN & JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
MARY F. KENNEDY, ESQUIRE Id. No. 77149
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661
SEAN P. MAYS, ESQUIRE Id No. 307518
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-2090
HI APR -4 f?tj 10: 0
-UMBERLAND COUNT"
I EINNSYL`lANIA
U.S. BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS
vs. CUMBERLAND COUNTY
John E. Hood No.: 11-8506
Michelle A. Hood
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: John E. Hood
Michelle A. Hood
904 Herman Drive
Mechanicsburg, PA 17055
Your house (real estate) at 904 Herman Drive Mechanicsburg PA 17055, is scheduled to be
sold at Sheriffs Sale on September 5, 2012 at 10:00 A.M., in the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $125,219.92, obtained by
U.S. BANK, NATIONAL ASSOCIATION, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215
942-2090.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
r
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (215 942-2090.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Powers, Kim & Javardian, LLC at (215) 942-2090.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within
ten (10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately after the sale.
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
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
(800) 990-9108
All that certain lot of parcel of ground situate in the Township of Upper Allen, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
Beginning at a point on the Northern line of Herman Drive at the dividing line between Lot Nos. 43
and 44 on said Plan; thence by the dividing line between Lot Nos. 43 and 44, North 6 degrees 1
minute West 130 feet to a point; thence by the dividing line between Lot Nos. 27 and 44 on said
plan, North 83 degrees 59 minutes East 81 feet to a point thence by the dividing line between Lot
No. 44 and 45 on said plan, South 6 Degrees 1 minute East 130 feet to a point on the Northern line
of Herman Drive, the place of beginning.
Being Lot No.33 in the plan of Lots of Jacob S. Stoner, Tract No.2, which Plan is recorded in the
Cumberland County Recorder's Office in Plan Book 12, page 18.
Being the same premises, which John E. Hood, by Deed dated November 19, 2010 recorded
November 23 2010, in the Office for the Recorder of Deeds in and for Cumberland County, in
Instrument Number 201034314, conveyed unto Michelle A. Hood.
Being known. as 904 Herman Drive, Mechanicsburg, PA 17055
Tax Parcel: 42-30-2108-109
POWERS, KIRK & JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
MARY F. KENNEDY, ESQUIRE Id. No. 77149
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661
SEAN P. MAYS, ESQUIRE Id No. 307518
RICHARD J. NALBANDIAN, III, ESQUIRE Id. No. 312653
1310 INDUSTRIAL BOULEVARD
2'~ FLOOR, SUITE 201
SOUTI~IAMPTON, PA 18966
(215)942-2090
U.S. BANK, NATIONAL ASSOCIATION
vs.
JOHN E. HOOD
MICHELLE A. HOOD
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
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No.: 11-8506
PETITION TO POSTPONE
SHERIFF'S SALE
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Petitioner, the above named Plaintiff by its attorney, Sean P. Mays, Esquire, respectfully
represents that:
1. This matter concerns an action in Mortgage Foreclosure instituted by Plaintiff against the
Defendant.
2. Judgment was entered in favor of Plaintiff and against Defendant and a Writ of
Execution thereafter issued scheduling the mortgaged premises for Sheriffs Sale on September 5,
2012. The Sheriffls Sale scheduled was subsequently postponed to December 5, 2012.
3. The Defendants have not been served with the Notice of Sheriff s Sale.
4. Pa.R.C.P.3129.3 permits the Sheriff to postpone a sale, twice, for one hundred thirty
(130) days from the original sale date without further advertisement, unless the Court orders
otherwise.
5. The sale cannot be postponed again without additional advertising costs without an
Order of the Court; therefore, Petitioner requests the Court to enter an Order directing the Sheriff to
postpone the Sheriff's Sale to March 6, 2013.
h. This matter has not been previously assigned to a judge of this Court.
7. Pursuant to the local rules of court Petitioner avers that Defendants in this matter are
unrepresented, the Petitioner is without means to obtain concurrence in the foregoing petition
except by mail and Petitioner has served the instant motion upon the Defendants by mail this
date.
WHEREFORE, Petitioner requests the Court to enter an Order directing the Sheriff to
postpone the Sheriffs Sale until March 6, 2013 upon request of Petitioner, without further
advertising or additional notice to lien holders or defendant along with any additional relief that the
Court may deem appropriate and just.
Pla ,Esquire ^Gregory ~.dardian,~quire Id. No. 55669
el for Plaintiff O Mary F. Kennedy, Esquire Id. No. 77149
^Meghan K. Boyle, Esquire Id. No. 201661
°~Sean P. Mays, Esquire Id. No. 307518
^ R.ichard 7. Nalbandian, Esquire id. No. 312653
Attorneys for Plaintiff
POWERS, KIRK & JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
MARY F. KENNEDY, ESQUIRE Id. No. 77149
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661
SEAN P. MAYS, ESQUIRE Id No. 307518
RICHARD J. NALBANDIAN, III, ESQUIltE Id. No. 312653
1310 INDUSTRIAL BOULEVARD
2°d FLOOR, SUITE 20I
SOUTHAMPTON, PA 18966
(215) 942-2090
U.S. BANK, NATIONAL ASSOCIATION
vs.
JOHN E. HOOD
MICHELLE A. HOOD
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 11-8506
MEMORANDUM OF LAW
This matter concerns an Action in Mortgage Foreclosure instituted against Defendant for a
mortgage in default in excess of one year. Judgment was entered in favor ofPlaintiff-Petitioner and
against Defendant and a Writ of Execution therea$er issued scheduling the mortgaged premises for
Sheriff s Sale on September 5, 2012. The Sheriff s Sale scheduled was subsequently postponed to
December 5, 2012.
Pa.R.C.P. 3129.3 provides that the Sheriff is permitted to postpone a sale, twice, for one
hundred thirty (130) days from the original sale, without further advertisement, unless the Court
orders otherwise.
WHEREFORE, Plaintiffrequests that Court postpone the sale without further advertising or
additional notice to lien holders or defendant.
Local
f, Esquire ^Gr~vardiaquire Id. No. SS669
far Plaintiff ^ Mary F. Kennedy, Esquire Id. No. 77149
^ Meghan K. Boyle, Esquire Id. No. 201661
P. Mays, Esquire Id. No. 307518
^Richard J. Nalbandian, Esquire Id. No. 312653
Attorneys for Petitioner
POWERS, KIRK & JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
MARY F. KENNEDY, ESQUIRE Id. No. 77149
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661
SEAN P. MAYS, ESQUIRE Id No. 307518
RICHARD J. NALBANDIAN, III, ESQUIRE Id. No. 312653
1310 INDUSTRIAL BOULEVARD
2°~ FLOOR, SUITE 201
SOUTHAMPTON, PA 18966
(215)942-2090
U.S. BANK, NATIONAL ASSOCIATION
vs.
JOHN E. HOOD
MICHELLE A. HOOD
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 11-8506
VERIFICATION
I, Sean P. Mays, Esquire, being duly sworn according to law, hereby depose and say that
the facts set forth in the foregoing Petition to Postpone Sheriff's Sale are true and correct to the
best of my knowledge, information and belief and understand that the statements therein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904, re g to unsworn falsification to
authorities.
^ Gregory Java than, Esquire Id. No. 55669
O Mary F. Kennedy, Esquire Id. No. 77149
DMeghan K. Boyle, Esquire Id. No. 201661
~ean P. Mays, Esquire Id. No. 3075 i 8
0 Richard J. Nalbandian, Esquire Id. No. 312653
Attorneys for Plaintiff
POWERS, KIRK & JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
MARY F. KENNEDY, ESQUIRE Id. No. 77149
MEGHAN K. BOYLE, ESQUIRE Id. No. 201661
SEAN P. MAYS, ESQUIRE Id No. 307518
RICHARD J. NALBANDIAN, III, ESQUIRE Id. No. 312653
I3I0 INDUSTRIAL BOULEVARD
2°a FLOOR, SUITE 201
SOUTHAMPTON, PA 18966
(215)942-2090
U.S. BANK, NATIONAL ASSOCIATION
vs.
JOHN E. HOOD
MICHELLE A. HOOD
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 11-8506
CERTIFICATE OF .SERVICE
I, Sean P. Mays, Esquire, counsel for the Plaintiff, hereby certify that a copy of the
foregoing Petition to Postpone Sheri#f s Sale was served on the following persons by first class
mail, postage prepaid, on ~Qr- I ~3 2012.
John E. Hood
904 Herman Drive
Mechanicsburg, PA 17055
Michelle A. Hood
904 Herman Drive
Mechanicsburg, PA 17055
John E. Hood
425 North 2nd Street
Wormleysburg, PA 17043
Na~~u~~''WC ~~ 91~f; Esquire
Lo ~ el for Plaintiff
Michelle A. Hood
425 North 2nd Street
Warmleysbur~-'PA 17043
^ Crregory
Id. No. 55669
^ Mary F. Kennedy, Esquire Id. No. 77149
0 Meghan K. Boyle, Esquire Id. No. 201661
an P. Mays, Esquire Id. No. 307518
^Richard J. Nalbandian, Esquire Id. No. 312653
Attorneys for Plaintiff
POWERS,KIRN&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE I&No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
NEGHAN K.BOYIA ESQUIRE Id.No.201661
SEAN P.MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,III,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2nd FLOOR,SUITE 201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S.BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
VS. CUMBERLAND COUNTY
-<>
JOHN E.HOOD No.: 11-8506
MICHELLE A. HOOD
PETITION TO POSTPONE N)
SHERIFFS SALE
TO THE HONORABLE,THE JUDGES OF THE SAID COURT:
Petitioner,the above named Plaintiff,by its attorney,Meghan K.Boyle,Esquire,
respectfully represents that:
1. This matter concerns an action in Mortgage Foreclosure instituted by Plaintiff against the
Defendant.
2. Judgment was entered in favor of Plaintiff and against Defendant and a Writ of
Execution thereafter issued scheduling the mortgaged premises for Sheriffs Sale on September 5,
2012. The Sheriff's Sale scheduled was subsequently postponed to April 1,2013.
3. The Plaintiff is exploring loss mitigation options.
4.Pa.R.C.P.3129.3 permits the Sheriff to postpone a sale,twice,for one hundred thirty
(13 0)days from the original sale date without further advertisement,unless the Court orders
otherwise.
5. The sale cannot be postponed again without additional advertising costs without an
(00006600)
Order of the Court;therefore,Petitioner requests the Court to enter an Order directing the Sheriff to
postpone the Sheriff's Sale to May 1,2013.
6. The Honorable Thomas A.Placey,C.P.J.,has previously granted a motion for
alternative service and a motion to postpone sheriffs sale in this matter.
7. Pursuant to the local rules of court Petitioner avers that Defendants in this matter are
unrepresented,the Petitioner is without means to obtain concurrence in the foregoing petition
except by mail and Petitioner has served the instant motion upon the Defendants by mail this
date.
WHEREFORE,Petitioner requests the Court to enter an Order directing the Sheriff to
postpone the Sheriffs Sale until May 1,2013 upon request of Petitioner,without further advertising
or additional noti lien holders or defendant
r additional no
t'
A h OW
C
athan C V f,Esquire ❑dregoryVivar", U
ire Id.N 5
Local selIfor Plaintiff ❑Mary F.Kennedy,Esquire Id.No.77149
Aeghan K,Boyle,Esquire Id.No.201661
❑Sean P.Mays,Esquire Id.No.307518
❑Richard I Nalbandian,Esquire Id.No.312653
Attorneys for Plaintiff
{00006600)
POWERS,KIRN&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE I&No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No.201661
SEAN P.MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,III,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2°d FLOOR,SUITE 201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S.BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
VS.
CUMBERLAND COUNTY
JOHN E.HOOD
MICHELLE A.HOOD No.; 11-8506
MEMORANDUM OF LAW
This matter concerns an Action in Mortgage Foreclosure instituted against Defendant for a
mortgage in default in excess of one year. Judgment was entered in favor of Plaintiff Petitioner and against
Defendant and a Writ of Execution thereafter issued scheduling the mortgaged premises for Sheriff's Sale on
September 5,2012. The Sheriffs Sale scheduled was subsequently postponed to April 1,2013.
Pa.R.C.P.3129.3 provides that the Sheriff is permitted to postpone a sale,twice,for one hundred
thirty(130)days from the original sale,without further advertisement,unless the Court orders otherwise.
WHEREFORE,Plaintiff requests that Court postpone the sale without further advertising or
additional notice to lien holders or defendant.
Respectfully submitted,
� 4
C. f,Esquire DGregory ardian,Esquire Id.No.e
Local Counsel for Plaintiff OMary F. ennedy,Esquire Id.No.
)@Ueghan K.Boyle,Esquire Id.No.201661"
OSean P.Mays,Esquire Id.No.307518
DRichard J.Nalbandian,Esquire Id.No.312653
Attorneys for Petitioner
{00006600}
POWERS,KIRN&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No.201661
SEAN P.MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,III,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2nd FLOOR,SUITE 201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
Vs. CUMBERLAND COUNTY
JOHN E.HOOD No.: 11-8506
MICHELLE A.HOOD
VERIFICATION
I,Meghan K.Boyle,Esquire,being duly sworn according to law,hereby depose and say
that the facts set forth in the foregoing Petition to Postpone Sherifes Sale are true and correct to
the best of my knowledge,information and belief and understand that the statements therein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904,relating to unsworn falsification to
authorities.
El Gregorjjavardian,Esquire Id. o 5469
❑Mary F.Kennedy,Esquire Id.No. 77149
AMeghan K.Boyle,Esquire Id.No.201661
❑Sean P.Mays,Esquire Id.No.307518
❑Richard J.Nalbandian,Esquire Id.No. 312653
Attorneys for Plaintiff
(00006600)
POWERS,KIRK&JAVARDIAN,L1,C
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE,Id.No.77149
NEGRAN K.BOYLE,ESQUIRE Id.No.201661
SEAN P.MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,III,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
rd FLOOR,surrE 201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S.BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
VS. CUMBERLAND COUNTY
JOHN E.HOOD No.: 11-8506
MICHELLE A.HOOD
CERTIFICATE OF SERVICE
I,Meghan K.Boyle,Esquire, counsel for the Plaintiff,hereby certify that a copy of the
foregoing Petition to Postpone Sheriff's Sale was served on the following persons by first class
mail,postage prepaid,on April 1, 2013.
John E. Hood Michelle A.Hood
904 Herman Drive 904 Herman Drive
Mechanicsburg,PA 17055 Mechanicsburg,PA 17055
John E.Hood Michelle A.Hood
425 North 2n'Street 425 North 2nd Street
Wormleys urg
b "JA 17043 Wormleysburg,PA 17043
atlhan olf,Esquire, F1 Gregory Vardian,Esquire Id.N 566
Local 6 ungel for Plaintiff ❑Mary F.Kennedy,Esquire Id.No.77149
AMeghan K.Boyle,Esquire Id.No.201661
DSean P.Mays,Esquire Id.No.307518
ORichard J.Nalbandian,Esquire Id.No.312653
Attorneys for Plaintiff
100006600)
POWERS,KIRK&JAVARDIAN,LLC
j GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE I&No.201661
SEAN P.MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,III,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2°"FLOOR,SUITE 201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
VS. CUMBERLAND COUNTY
JOHN E.HOOD No.: 11-8506
MICHELLE A.HOOD
14?
ORDER
AND NOW,this day of April, 2013;upon consideration of the annexed
Petition,it is hereby ORDERED AND DECREED that the Sheriff is d*ected to postpone the
Sheriffs Sale scheduled for April3 2013 until May 1.2013,without the need for further
advertising or additional notice to lien creditors or defendant.
BY URT:
i
Thomas Placey,J.
Distribution. -p Z3 --t
r/Powers Kira&Javardian
For the Plaintiff z z' --V
cn r'
-C> N s
i/John&Michelle Hood
Pro Se Defendants r �_
i/Offlee of the Sheriff
I
(00006600)
• I
II
POWERS,KIRN&JAVARDIAN,LLCM
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149 r "�
MEGHAN K.BOYLE,ESQUIRE Id.No.201661 C=) =D
SEAN P.MAYS,ESQUIRE Id No.307518 , ^,�
RICHARD J.NALBANDIAN,III,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2nd FLOOR,SUITE 201
SOUTHAMPTON,PA 18966 ' ''
(215)942-2090
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
vs. CUMBERLAND COUNTY
JOHN E. HOOD No.: 11-8506
MICHELLE A. HOOD
PETITION TO POSTPONE
SHERIFF'S SALE
TO THE HONORABLE,THE JUDGES OF THE SAID COURT:
Petitioner,the above named Plaintiff,by its attorney,Richard J.Nalbandian,Esquire,
respectfully represents that:
1. This matter concerns an action in Mortgage Foreclosure instituted by Plaintiff against the
Defendant.
2. Judgment was entered in favor of Plaintiff and against Defendant and a Writ of
Execution thereafter issued scheduling the mortgaged premises for Sheriffs Sale on September 5,
2012. The Sheriff's Sale scheduled was subsequently postponed to December 5,2012,March 6,
2013 and then postponed again to April 3,2013.
3. Plaintiff is exploring loss mitigation options.
4.Pa.R.C.P.3129.3 permits the Sheriff to postpone a sale,twice, for one hundred thirty
(130)days from the original sale date without further advertisement,unless the Court orders
otherwise.
5. The sale cannot be postponed again without additional advertising costs without an
Order of the Court;therefore,Petitioner requests the Court to enter an Order directing the Sheriff to
postpone the Sheriff s Sale to June 5,2013.
6. This matter has been previously postponed by Court Order while loss mitigation
options have been explored.
7. The Honorable Thomas A. Placey, C.P.J.,has been previously assigned to this matter.
8. Pursuant to the local rules of court Petitioner avers that Defendants in this matter are
unrepresented,Petitioner is without means to obtain concurrence in the foregoing petition
except by mail and Petitioner has served the instant petition upon Defendants by mail this date.
WHEREFORE,Petitioner requests the Court to enter an Order directing the Sheriff to postpone
the Sheriffs Sale until June 5,2013 upon request of Petitioner,without further advertising or
additional notice to lien holders or defendant.
Nat C. squire ❑Gregory Javardian,Esquire Id.No. 55669
,S�Co for Plaintiff ;Richard ary F ennedy,Esquire Id.No.77149
e an K.Boyle,Esquire Id.No.201661
an P.Mays,Esquire Id.No.307518
J.Nalbandian,Esquire Id.No. 312653
Attorneys for Plaintiff
POWERS,KIRK&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No.201661
SEAN P.MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,III,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2nd FLOOR,SUITE 201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
VS. CUMBERLAND COUNTY
JOHN E. HOOD No.: 11-8506
MICHELLE A. HOOD
MEMORANDUM OF LAW
This matter concerns an Action in Mortgage Foreclosure instituted against Defendant for a
mortgage in default in excess of one year. Judgment was entered in favor of Plaintiff-Petitioner and
against Defendant and a Writ of Execution thereafter issued scheduling the mortgaged premises for
Sheriffs Sale on September 5,2012. The Sheriff's Sale scheduled was subsequently postponed to
December 5,2012,March 6,2013 and then ultimately postponed to May 1,2013.
Pa.R.C.P. 3129.3 provides that the Sheriffis permitted to postpone a sale,twice,for one
hundred thirty(130)days from the original sale,without further advertisement,unless the Court
orders otherwise.
WHEREFORE,Plaintiff requests that Court postpone the sale without further advertising or
additional notice to lien holders or defendant.
Respectfully submitted,
2 r
Na an .Wolf,Esquire ❑Gregory Javardian,Esquire Id.No. 55669
oc Counsel for Plaintiff ❑Mary F.Kennedy,Esquire Id.No. 77149
❑Me n K.Boyle,Esquire Id.No.201661
❑ an P.Mays,Esquire Id.No.307518
Richard J.Nalbandian,Esquire Id.No.312653
Attorneys for Petitioner
POWERS,KIRN&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No.201661
SEAN P.MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,III,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2nd FLOOR,SUITE 201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
Vs. CUMBERLAND COUNTY
JOHN E. HOOD No.: 11-8506
MICHELLE A. HOOD
VERIFICATION
I,Richard J.Nalbandian,Esquire,being duly sworn according to law,hereby depose and
say that the facts set forth in the foregoing Petition to Postpone Sheriff's Sale are true and correct
to the best of my knowledge,information and belief and understand that the statements therein
are made subject to the penalties of 18 Pa.C.S.A. Section 4904,relating to unsworn falsification
to authorities.
El Gregory Javardian,Esquire Id.No. 55669
[]Mary F.Kennedy,Esquire Id.No.77149
[I M egh Boyle,Esquire Id.No.201661
[I S P.Mays,Esquire Id.No.307518
ichard J.Nalbandian,Esquire Id.No.312653
Attorneys for Plaintiff
� h
POWERS,KIRK&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No.201661
SEAN P.MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,111,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2nd FLOOR,SUITE 201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
VS. CUMBERLAND COUNTY
JOHN E.HOOD No.: 11-8506
MICHELLE A. HOOD
CERTIFICATE OF SERVICE
I,Richard J.Nalbandian,Esquire, counsel for the Plaintiff,hereby certify that a copy of
the foregoing Petition to Postpone Sheriff s Sale was served on the following persons by first
class mail,postage prepaid, on April 29,2013.
John E. Hood Michelle A. Hood
904 Herman Drive 904 Herman Drive
Mechanicsburg,PA 17055 Mechanicsburg,PA 17055
John E. Hood Michelle A. Hood
425 North 2nd Street 425 North 2nd Street
Wormleysburg,PA 17043 Wormleysburg,PA 17043
X
N .Wolf,Esquire []Gregory Javardian,Esquire Id.No. 55669
L&d(Counsel for Plaintiff El Mary F.Kennedy,Esquire Id.No.77149
❑MeP6 K.Boyle,Esquire Id.No.201 661
❑Kan P.Mays,Esquire Id.No.307518
NIZichard J.Nalbandian,Esquire Id.No. 312653
Attorneys for Petitioner
s
i
I
OF THE PROTHONOTARY
29113 APR 30 PIS 4: 11
CUMBERLAND COUNTY
PENNSYLVANIA
l
i
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS I
VS. CUMBERLAND COUNTY j
JOHN E. HOOD No.: 11-8506 j
MICHELLE A. HOOD
I
i
O ER
AND NOW,this 3 day of iA 2013,upon consideration of the s
4
annexed Petition, it is hereby ORDERED AND DECREED that the Sheriff is directed to postpone
the Sheriffs Sale scheduled for May 1,2013 until June 5,2013,without the need for further
advertising or additional notice to lien creditors or defendant O✓'j etc. n
BSS THE COiJRT:'
Thomas .Placey, C.P.J.
./ Distribution:
Powers,Kim&Javardian rn a . ,
For the Plaintiff 3 =`;o r°
hn&Michelle Hood
Pro Se Defendants O � -n
c ca `:�
Office of the Sheriff
POWERS,KIRN&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No.201661 CW,
SEAN P.MAYS,ESQUIRE Id No.307518 r-
RICHARD J.NALBANDIAN,III,ESQUIRE Id.No.312653 �
1310 INDUSTRIAL BOULEVARD G0
2"'FLOOR,SUITE 201c
SOUTHAMPTON,PA 18966 >
(215)942-2090
C71
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS ° c,a
VS. CUMBERLAND COUNTY
JOHN E. HOOD No.: 11-8506
MICHELLE A. HOOD
PETITION TO POSTPONE
SHERIFF'S SALE
TO THE HONORABLE,THE JUDGES OF THE SAID COURT:
Petitioner,the above named Plaintiff,by its attorney,Richard J.Nalbandian, Esquire,
respectfully represents.that:
1. This matter concerns an action in Mortgage Foreclosure instituted by Plaintiff against the
Defendant.
2. Judgment was entered in favor of Plaintiff and against Defendant and a Writ of
Execution thereafter issued scheduling the mortgaged premises for Sheriffs Sale on September 5,
2012. The Sheriffs Sale scheduled was subsequently postponed to December 5,2012,March 6,
2013,April 3,2013,May 1,2013 and then postponed again to June 5,2013.
3. Plaintiff is exploring loss mitigation options.
J
4.Pa.R.C.P.3129.3 permits the Sheriff to postpone a sale,twice, for one hundred thirty
(130)days from the original sale date without further advertisement,unless the Court orders
otherwise.
5. The sale cannot be postponed again without additional advertising costs without an
Order of the Court;therefore,Petitioner requests the Court to enter an Order directing the Sheriff to
postpone the Sheriff's Sale to August 7,2013.
6. This matter has been previously postponed by twice by Court Order while loss
mitigation o tions have been explored.
7. The Honorable Thomas A. Placey, C.P.J.,has been previously assigned to this matter.
8. Pursuant.to the local rules of court Petitioner avers that Defendants in this matter are
unrepresented,Petitioner is without means to obtain concurrence in the foregoing petition.
except by.mail and Petitioner has served the instant petition upon Defendants by mail this date.
WHEREFORE,Petitioner requests the Court to enter an Order directing the Sheriff to postpone
the Sheriffs Sale until August 7,2013 upon request of Petitioner,without further advertising or
additional notice to Tien holders or defendant.
Nath olf,Esquire FIGregory Javardian,Esquire Id.No.55669
Local ounsel for Plaintiff ❑Mary P.Kennedy,Esquire Id.No.'77149
❑Meghan,K.Boyle,Esquire Id.No. 201661.
❑S n P.Mays,Esquire Id.No.307518
Riehard.J.Nalbandian,Esquire Id.No.312653
Attonieys for Plaintiff
POWERS,KIRN&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE Id,No,55669
MARY F.KENNEDY,ESQUIRE Id.No.77 149
MEGHAN K.BOYLE,ESQUIRE Id. No.201661
SEAN P. MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,111,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2"d FLOOR,SUITE 201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
VS. CUMBERLAND COUNTY
JOHN E. HOOD No.: 11-8506
MICHELLE A. HOOD
MEMORANDUM OF LAW'
This matter concerns an Action in Mortgage Foreclosure instituted against Defendant fora
mortgage in default in excess of one year. Judgment was entered in favor of Plaintiff-Petitioner and
against Defendant and a Writ of Execution thereafter issued scheduling the mortgaged premises for
Sheriffs Sale on September 5,2012. The Sheriffs Sale scheduled was subsequently postponed to
December 5,2012,March 6,2013,April 3,20131,May 1,2013 and then ultimately postponed to
June 5,2011
Pa.R.C.P. 3129.3 provides that the Sheriff is permitted to postpone a sale,twice,for one
hundred thirty(130)days from the original sale,without firther advertisement,unless the Court
orders otherwise.
WHEREFORE,Plaintiff requests that Court postpone the sale without further advertising or
additional notice to lien holders or defendant.
Respectfully submitted,
e;z-lgatkk�c�. :)If,Esquire ❑Gregory Javardian, Esquire Id.No. 55669
Local Counsel for Plaintiff El Mary F. Kennedy, Esqu ire Id.No. 77449
EjMeghan K—Boyle, Esquire Id.No.201661
[IS P. Mays, Esquire Id.No.307518
4,ciel'(i lard J.Nalbandian,Esquire Id.No.312653
Attorneys for Petitioner
` s
POWERS,KIRN&1AVARDIAN,LLC
GREGORY 1AVARDIAN,ESQUIRE Id.No.55669
MARY.F. KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No.201 661
SEAN P.MAYS.,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,III,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2"FLOOR, SUITE 201
SOUTHAMPTON,PA 18966
(21.5)942-2090
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
vs. CUMBERLAND COUNTY
JOHN E. MOOD No.:. 11-8506
.MICHELLE A. HOOI)
"VERIFICATION
T,Richard J.Nalbandian, Esquire; being duly sworn according to law, hereby depose and
say that the facts set forth'in the foregoing;Petition to Postpone Sheriff's Sale are true and correct
to the best of my knowledge, information and belief and understand that the statements therein
are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn..falsification
to authorities,
OGregory Tavardiaii,Esquire Id.No. 55669
❑.Mary F. Kennedy,Esquire Id.No. 771.49
DMeghan K. Boyle,Esquire Id.No.2016.61
D an.P.Mays,.Esquire Id,No. 307518
l5Richard J.Nalbandian,Esquire Id.No.312653
Attorneys for Plaintiff
POWERS,,KMN'&JAVARIDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No;201661
SEAN P.MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,111,ESQUIRE Id.No.3.12653
1310 INDUSTRIAL BOULEVARD
2°a FLOOR,SUITE 201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
VS. CUMBERLAND COUNTY
JOHN�. HOOD , No.: 11-8506
MICHELLE A. HOOD
CERTIFICATE,"OF SERVICE
I,Richard J.Nalbandian,Esquire, counsel for the Plaintiff,hereby certify that a copy of
the foregoing Petition to Postpone Sheriff s Sale was served on the following persons by first
class mail,postage prepaid,on 2013.
John E. Hood Michelle A. Hood
904 Herman Drive 904 Herman Drive
Mechanicsburg, PA 17055 Mechanicsburg, PA 17055
John E. Hood Michelle A. Hood.
425 North 2nd Street 425 North 2n'Street
Wormleysburg,PA 17043
Wormleysburg,PA 17043
----Natban C.W Esquire 1....)Gregory Javardian, Esquire Id.No. 55669
Local Cous-Ir Plaintiff D Mary,F.Kennedy,Esquire Id.No. 77149
0 Meghan K. Boyle, Esquire Id.No.201661
Q Sep4 Mays,Esquire Id.No.307518
B<ichard J.Nalbandian, Esquire Id.No. 31205-1
Attorneys for Petitioner
POWERS,kiRN&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No.201661
SEAN P.MAYS,ESQUIRE Id No.307518
RICHARD J.NALBANDIAN,111,ESQUIRE Id.No.312653
1310 INDUSTRIAL BOULEVARD
2nd FLOOR,SUITE,201
SOUTHAMPTON,PA 18966
(215)942-2090
U.S.BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS-
VS. CUMBERLAND COUNTY
JOHN E. HOOD No.- 11-8506
MICHELLE A. HOOD
0 ER
AND NOW,this i day Of 2013,upon consideration of the
annexed Petition,it is hereby ORDERED AND DECREED that the Sheriff is directed to postpone
the Sheriffs Sale scheduled for June 5,2013 until AuggLt 7.2013 without the need for further
advertising or additional notice to lien creditors or defendant. The Court notes that this matter has
been postponed twice by Court Order ;0 4�-L 4�t-r �Cvjj
)9 ;1)� � ^�/ �.
Thomas A.Placey,C.P.J.
c-
c::
"Distribution:
powers,Kim&Javardian CD-1
For the Plaintiff rN>
. `John&Michelle Hood
Pro Se Defendants
,,-Office of the Sheriff
Court Administrator
"'- Wolf&Wolf
1. I "ra.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson i:F i
Sheriff , -;
Jody S Smith
Chief Deputy
Richard W Stewart FRLAQ COBTY
Solicitor OFF'ICE OF THE SHERIFF CIJMBr
PEN
r �ISYLVANIA
US Bank National Association
Case Number
VS.
John E. Hood (et al.) 1 2011-8506
SHERIFF'S RETURN OF SERVICE
06/21/2012 08:05 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 904 Herman Drive, Upper Allen Township, Mechanicsburg, PA 17055,
Cumberland County.
08/10/2012 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: Michelle A. Hood, 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 904 Herman Drive, Mechanicsburg, PA 17055, Defendant no longer
resides at address stated, did not leave a forwarding at the post office.
08/10/2012 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: John E. Hood, 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 904 Herman Drive, Mechanicsburg, PA 17055, Defendant no longer resides at
address stated, did not leave a forwarding at the post office.
08/17/2012 As directed by Gregory Javardian,Attorney for the Plaintiff, Sheriffs Sale Continued to 12/5/2012
12/05/2012 As directed by Gregory Javardian,Attorney for the Plaintiff, Sheriffs Sale Continued to 3/6/2013
01/24/2013 05:40 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, upon the within named Defendant,to wit: John E.
Hood, pursuant to Order of Court by"Posting"the premises located at 904 Herman Drive, Upper Allen
Township, Mechanicsburg, PA 17055, Cumberland County with a true and correct copy according to law.
01/24/2013 05:40 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, upon the within named Defendant,to wit: Michelle
A. Hood, pursuant to Order of Court by"Posting"the premises located at 904 Herman Drive, Upper Allen
Township, Mechanicsburg, PA 17055, Cumberland County with a true and correct copy according to law.
03/06/2013 As directed by Gregory Javardian,Attorney for the Plaintiff, Sheriffs Sale Continued to 4/3/2013
04/02/2013 As directed by Gregory Javardian,Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013
04/30/2013 As directed by Gregory Javardian,Attorney for the Plaintiff, Sheriffs Sale Continued to 6/5/2013
06/05/2013 As directed by Gregory Javardian,Attorney for the Plaintiff, Sheriff's Sale Continued to 817/2013
08/07/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $841.29 SO ANSWERS,
August 07, 2013 RbNW R"ANDERSON, SHERIFF
k�C)COUlt S
'y Uitt�Sheriff,Tclecsoft,Inc.
9
U.S. BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS
vs. CUMBERLAND COUNTY
John E..Hood No.: 11-8506
Michelle A. Hood
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property located at 904 Herman Drive,
Mechanicsburg, PA 17055:
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
John E. Hood 904 Herman Drive
Mechanicsburg, PA 17055
Michelle A. Hood 904 Herman Drive
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
John E. Hood 904 Herman Drive
Mechanicsburg, PA 17055
Michelle A. Hood 904 Herman Drive
Mechanicsburg, PA 17055
3. Naive and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Commonwealth Financial Systems, Inc. 120 N.Keyser Avenue
Scranton, PA 18504
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
PRMI, Inc. 1725 South Berry Knoll Boulevard
Centennial Park, AZ 86021-1200
' 5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained,please indicate)
None.
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.
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Cumberland County Domestic Relations 13 N. Hanover Street
Carlisle, PA 17013
Cumberland County Tax Claim Bureau 1 Courthouse Square
Carlisle, PA 17013-3387
PA Department of Public Welfare Health and Welfare Building—Room 432
Bureau of Child Support Enforcement P.O. Box 2675
Harrisburg, PA 17105-2675
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:
Name- Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants 904 Herman Drive
Mechanicsburg, PA 17055
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
1Q�Grt' F. Javar dian" squire Id.No. 55669
M Kennedy` squire Id. No. 77149
❑Meghan K. Boyle, Esquire Id.No. 201661
❑Sean P.Mays, Esquire Id.No. 307518
Attorneys for Plaintiff
February 29, 2012
i
POWERS,KIRN&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No.201661
SEAN P.MAYS,ESQUIRE Id No. 307518
1310 INDUSTRIAL BOULEVARD
1ST FLOOR,SUITE 101
SOUTHAMPTON,PA 18966
(215)942-2090
U.S. BANK,NATIONAL ASSOCIATION COURT OF COMMON PLEAS
vs. CUMBERLAND COUNTY
John E. Hood No.: 11-8506
Michelle A. Hood
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: John E. Hood
Michelle A. Hood
904 Herman Drive
Mechanicsburg, PA 17055
Your house (real estate) at 904 Herman Drive, Mechanicsburg, PA 17055, is scheduled to be
sold at Sheriffs Sale on September 5, 2012 at 10:00 A.M., in the Cumberland County Courthouse,1
Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of$125,219.92, obtained by
U.S. BANK, NATIONAL ASSOCIATION, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 255)
942-2090.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling(215) 942-2090.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Powers, Kim &Javardian, LLC at(215) 942-2090.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you. '
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within
ten(10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately after the sale.
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
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717)249-3166
(800) 990-9108
All that certain lot of parcel of ground situate in the Township of Upper Allen, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
Beginning at a point on the Northern line of Herman Drive at the dividing line between Lot Nos. 43
and 44 on said Plan; thence by the dividing line between Lot Nos. 43 and 44,North 6 degrees 1
minute West 130 feet to a point; thence by the dividing line between Lot Nos. 27 and 44 on said
plan,North 83 degrees 59 minutes East 81 feet to a point thence by the dividing line between Lot
No. 44 and 45 on said plan, South 6 Degrees 1 minute East 130 feet to a point on the Northern line
of Herman Drive, the place of beginning.
Being Lot No.33 in the plan of Lots of Jacob S. Stoner, Tract No.2, which Plan is recorded in the
Cumberland County Recorder's Office in Plan Book 12, page 18.
Being the same premises, which John E. Hood,by Deed dated November 19, 2010 recorded
November 23 2010, in the Office for the Recorder of Deeds in and for Cumberland County, in
Instrument Number 201034314, conveyed unto Michelle A. Hood.
Being known as 904 Herman Drive, Mechanicsburg, PA 17055
Tax Parcel: 42-30-2108-109
POWERS,KIRN&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE Id.No.55669
MARY F.KENNEDY,ESQUIRE Id.No.77149
MEGHAN K.BOYLE,ESQUIRE Id.No.201661
SEAN P.MAYS,ESQUIRE Id No.307518
1310 INDUSTRIAL BOULEVARD
1ST FLOOR,SUITE 101
SOUTHAMPTON,PA 18966
(215)942-2090
U.S. BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS
VS. CUMBERLAND COUNTY
John E. Hood No.: 11-8506
Michelle A. Hood
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: John E. Hood
Michelle A. Hood
904 Herman Drive
Mechanicsburg, PA 17055
Your house (real estate) at 904 Herman Drive, Mechanicsburg, PA 17055, is scheduled to be
sold at Sheriffs Sale on September 5, 2012 at 10:00 A.M., in the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of$125,219.92, obtained by
U.S. BANK, NATIONAL ASSOCIATION, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and.reasonable attorney's fees due. To find out how much you must pay, you may call: 215
942-2090.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal.proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You
may find out the price bid by calling(215) 942-2090.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Powers, Kim&Javardian, LLC at(215) 942-2090.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property until the fall amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the pro-posed distribution is wrong) are filed with the Sheriff within
ten(10)days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately after the sale.
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
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717)249-3166
(800) 990-9108
All that certain lot of parcel of ground situate in the Township of Upper Allen, Cumberland County,
Pennsylvania,more particularly bounded and described as follows, to wit:
Beginning at a point on the Northern line of Herman Drive at the dividing line between Lot Nos. 43
and 44 on said Plan; thence by the dividing line between Lot Nos. 43 and 44, North 6 degrees 1
minute West 130 feet to a point; thence by the dividing line between Lot Nos. 27 and 44 on said
plan,North 83 degrees 59 minutes East 81 feet to a point thence by the dividing line between Lot
No. 44 and 45 on said plan, South 6 Degrees 1 minute East 130 feet to a point on the Northern line
of Herman Drive, the place of beginning.
Being Lot No.33 in the plan of Lots of Jacob S. Stoner, Tract No.2, which Plan is recorded in the
Cumberland County Recorder's Office in Plan Book 12,page 18.
Being the same premises, which John E. Hood, by Deed dated November 19, 2010 recorded
November 23 2010, in the Office for the Recorder of Deeds in and for Cumberland County, in
Instrument Number 201034314, conveyed unto Michelle A. Hood.
Being known as 904 Herman Drive, Mechanicsburg, PA 17055
Tax Parcel: 42-30-2108-109
WRIT OF EXECUTION and/or ATTACHMENT
GOMM[dNWEALTH OF PENNSYLVANIA) NO, 11-8506 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 Plaintiff(s)
From JOHN E.HOOD,MICHELLE A.HOOD
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
(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 garfiishee(s)that:(a)an attachment has been issued;(b)the garnishee(s)-is enjoined from
paying any-debt to o r 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.
Interest FROM 2/16/2012 TO DATE OF SALE @$20.58 PER DIEM
Atty Paid: S193.50_ Other Costs:
Plaintiff Paid:
Date: 4/4/12
David D.Buell,Prothonot
Deputy
REQUESTING PARTY:
Name: GREGORY JAVARDIAN,ESQUIRE
Address: LAW OFFICES OF GREGORY JAVARDIAN
1310 INDUSTRIAL BLVD.,1ST FLOOR,SUITE 101
SOUTHAMPTON,PA 18966
Attorney for: PLAINTIFF
Telephone:215-942-*9690 TRUE COPY FRQ�41 RECORD
Supreme Court ID No. 18966 and the seal.of said C6urt at Carlisle,Pa.
Prothonotary
_
On April 16, 2012 the Sheriff levied upon the defendant's
interest in the real property situated in Upper Allen
Township, Cumberland County, PA, known and
numbered 904 Herman Drive, Mechanicsburg, PA 17055
more fully described on Exhibit "A" filed with this writ
and by this reference incorporated herein.
Date: April 16, 2012
By:—
Claudia Brewbaker, Real Estate Coordinator
Z I '-b V b- 0 Z I OZ
CUMBERLAND LAW JOURNAL
Writ No. 2011-8506 Civil Term
US Bank National Association
vs.
John E. Hood
Michelle A. Hood
Atty.: Gregory Javardian
All that certain lot of parcel of
ground situate in the Township of
Upper Allen, Cumberland County,
Pennsylvania, more particularly
bounded and described as follows,
to wit:
Beginning at a point on the North-
ern line of Herman Drive at the divid-
ing line between Lot Nos. 43 and 44
on said Plan;thence by the dividing
line between Lot Nos. 43 and 44,
North 6 degrees I minute West 130
feet to a point;thence by the dividing
line between Lot Nos. 27 and 44 on
said plan,North 83 degrees 59 min-
utes East 81 feet to a point thence by
the dividing line between Lot No. 44
and 45 on said plan,South 6 Degrees
1 minute East 130 feet to a point on
the Northern line of Herman Drive,
the place of beginning.
Being Lot NO.33 in the plan of
Lots of Jacob S. Stoner,Tract NO.2,
which Plan is recorded in the Cum-
berland County Recorder's Office in
Plan Book 12,page 18.
Being the same premises, which
John E. Hood, by Deed dated No-
vember 19,2010 recorded November
232010,in the Office for the Recorder
of Deeds in and for Cumberland
County, in Instrument Number
201034314, conveyed unto Michelle
A. Hood.
Being known as 904 Herman
Drive,Mechanicsburg,PA 17055.
Tax Parcel: 42-30-2108-109.
57
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.
I"aarie Coyne,Edi r
SWORN TO AND SUBSCRIBED before me this
LO day of August, 2012
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My C ommission Expires A p r 1
28,2014
The
2020 Te6h V��v�w-'-'-�� ''-� t4t �|����e 300 ��
Mechanicsburg, PA 17050 ' Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
' ..
| �
/
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Under Act No 587 Approved May 18. 1S2S
Commonwealth of Pennsylvania, Counb/ofOauoh\n) ss
Holly Blain, being duly sworn according bo law, deposes and says:
That she hsa Staff Accountant of The Patriot News Co.. a corporation organized and existing under the laws ofthe
Commonwealth of Pennsylvania, Pkwy, Suite 3OU. inthe
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
bz the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and ie 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 offioefor the Recording ofDeeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
'
PUBLICATION COPY ' This ad ran on the date(a)shown below:
07127112
2011-8506 «mK41 nmvm
mB�nm�mmnna|Amo*c/mmwn 08/03112
Vs
� John E.Hood 08/10/12
«
Michelle A.Hood
Amy, Gregory Jmva,mmn
All that certain lot of —
-_situate-the_-- __-
Cumberland- --
particularly bounded and described as Sworn an su scribed b od me' is I a of August, 2012 A.D.
follows,to wit:
Beginning at a point on the Northern
fine of Herman Drive at the dividing line
between Lot Nos.43 and 44 on said Plan;
thence by the dividing line between Lot NotaffPublic-
._ -and....~~.degrees I minute West 130 feet to a point;thence by the
dividing line between Lot Nos.'17 and 44
on said plan,North 83 degrees n COMMONWEALTH OF PENNSYLVANIA
East 81 feet to a point the ce "h in by t
�N dividing �N`mm.�z:�� Notarial Seal 130 feet to a point on the Northern line of My Commission Expires Nov.26,2015
Herman Drive,the place of beginning. MEMBER,PENNSYLVANIA_--___- _---
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