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Home My WebLink About12-1988I Y+V T-1 .1 1 _. V `t r? L L S Y. .. Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com ., U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. MICHAEL HOCKENSMITH AND ARLENE MARSHALL-HOCKENSMITH Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A LISTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET ID.S. -7 CARLISLE, PA 17013 Q 717-249-3166 C#" ? S l l 12W -7W7 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. MICHAEL HOCKENSMITH AND ARLENE MARSHALL-HOCKENSMITH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. MICHAEL HOCKENSMITH AND ARLENE MARSHALL-HOCKENSMITH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 ("Trust"), is a National Association with a Servicing Agent of the Pennsylvania Housing Finance Agency, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. 2. Defendants, MICHAEL HOCKENSMITH and ARLENE MARSHALL-HOCKENSMITH, are adult individuals whose last known address is 76 KENSINGTON DRIVE, CAMP HILL, PA 17011. 3. On or about, December 02, 2009, the said Defendants executed and delivered a Mortgage Note in the sum of $159,035.00 payable to SOVEREIGN BANK, which Note is attached hereto and marked Exhibit "A„ 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on December 4, 2009 as Instrument Number 200940394 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on December 4, 2009 as Instrument Number 200940395. A Corrective Assignment was recorded on November 29, 2010 as Instrument Number 201034670 in order to add the Mortgage recording date to the Assignment. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording, which Assignment is attached hereto and marked Exhibit "B". The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 76 KENSINGTON DRIVE, CAMP HILL, PA 17011 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on July O1, 2011 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $156,101.35 Interest at $24.93 per day $7,578.72 From 06/01/2011 To 04/01/2012 ( based on contract rate of 5.7500%) Late Charges $37.12 $334.08 From 07/01/2011 to 04/01/2012 Escrow Deficit $1,565.68 Attorney's Fee at 5% of Principal Balance $7,805.07 TOTAL $173,384.90 "Together with interest at the per diem rate noted above after April 01, 2012 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendants by letters dated October 5, 2011 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the October 5, 2011 Act 6 Notices is attached hereto and marked Exhibit "D". 9. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 10. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Service Members Civil Relief Act, as amended. Copies of the website reports from the Department of Defense Manpower Data Center, confirming non-active military duty are attached as Exhibit "E". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.7500% ($24.93 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) NOTE F441 ase Multistate -9577753 December 02, 2009 Z?Ut7 ZQ? [Date] 76 Kensington Drive Camp Hill, PA 17011 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Sovereign Hank 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 Fifty Nine Thousand Thirty Five And Zero/100 Dollars (U.S. $ 159,035. 00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five and three quarters percent ( 5.750 %) 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 February 01 , 2010 . Any principal and interest remaining on the first day of January 2040 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 1130 Berkshire Blvd. , Wyomissing, PA 19610 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. $ 928.09 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 pan of this Note. [Check applicable box) OGraduated Payment Allonge OGrowing Equity Allonge DOther [specify] 0096202991 - FHA MWlistate FiaeO R.I. Note 0910164036 VMP 10195 WOW, s,-, Fi--., Sets - I/V.X1 VMP1R 106091 r S Page 1 of 3 /P/a YS A A// - /b ?°?15 rl 1 r 1 ?1 S. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE, TO PAY (A) Late Charge for Overdue Payments If Lender has not received the 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 ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. 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. 0096202991 FHA Muryiatale Fiaet! R.I. Nole tA,ry?1L- VMP 's 0910-036 wd[ers KWwer F none al Services 10/96 VMP1R (0609) t Y Pay. 2 of 3 BY SIGNING BELOW, Borrower accepts and agrees to the tem ss aanJ covenants contained i this Note. (Seal) / Arlene Marshall-Hockensmith -Borrower Michael Hockensmith (Seal) -Borrower _ (Seal) -Borrower - (Seal) -Borrower _ (Seal) -Borrower _ (Seal) Borrower _ (Seal) Borrower _ (Seal) -Borrower PAY TO THE ORDER OF PENNSYLVANIA HOUSING FINANCE AGENCY WITHOUT RECOURSE SOVEREIGN BANK A •Y AD N BAI I OFFICER 0096202991 /- _ FHA M,l FiRetl Rate Note VMP 8 091016403 JT? o?ters Kl-e, er Finanual 5-i- 10/95 Wolters 8 VMP1q 10609) Page 3 of 3 Prepared by: U.S. Bank National Association c/o PHFA-Legal Division 211 North Front Street, P.O. Box 8029 Harrisburg, Pennsylvania 17105-8029 717-780-3845 or 1-800-346-3597 ext. 3845 Return to: same as above Property Parcel Number: 13250022271 Above space is intentionally left blank for recording data. ASSIGNMENT OF MORTGAGE For value received, PENNSYLVANIA HOUSING FINANCE AGENCY ("PHFA"), hereby grant, sell, convey, assign and deliver unto the U.S. BANK NATIONAL ASSOCIATION, (Trustee for the Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated as of April 1, 1982), its successors and assigns, the following described Mortgage, together with the Note secured thereby: Name of Original Mortgagor(s): ARLENE MARSHALL-HOCKENSMITH MICHAEL HOCKENSMITH Secured by the real property located at: 76 KENSINGTON DRIVE, CAMP HILL, PA 17011-7915 Municipality: LOWER ALLEN County Recorded in: CUMBERLAND Original Mortgagee: SOVEREIGN BANK, FSB Original Principal Amount: $159,035.00 Mortgage recorded: DECEMBER 4, 2009, Mortgage Instrument# 200940394; Last Assignment to PHFA, recorded on DECEMBER 4, 2009, in the aforesaid Office of Recorder of Deeds Assignment Instrument# 200940395. IN WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. Dated: JANUARY 13, 2012 PENNSYLVANIA HOUSING FINANCE AGENCY Anthony . Julia , D' for ccounting & Loan Servicing COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On the day of 1 1 A.L 2012, before me, the undersigned, personally appeared Anthony J. Julian, Director, Accounting Loan Se ' ing, authorized officer of Pennsylvania Housing Finance Agency, and acknowledged that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained. In witness whereof, I have hereunto set my hand and official seal. ; / i A .' . I ") 1 n n n /, ,#- VV V VI Notary Public CO M LTH OF VANIA Notarial Seal CERTIFICATE OF RESIDENCE OF ASSIGNEE la ? ' Ayala, Notary ubt pty of Matrt?IwYy, Dauphin County The below officer certifies that the principal business and mailing address for this assi an. 15, 2015 U. S. Bank National Association, c/o PHFA, 211 North Front Stet, Har;}sbu , fWPMAP nss?,n N cF NorAezte ALL THAT CERTAIN tract or parcel of land, with the buildings and improvements thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly line of Kensington Drive, which point is 255 feet South of the southeasterly corner o£ Nottingham Road and Kensington Drive and at the dividing line between Lots Nos. 6 and 7, Block "O" on the hereinafter mentioned Platt of Lots; thence along said dividing line, North 58 degrees 15 minutes East, 125 Feet to a point at the dividing line between Lots Nos. 3 and 6, Block "O" on the Plan; thence along said dividing line, South 31 degrees 46 minutes East; 75 feet to a point at the dividing line between Tots Nos. 5 and 6, Block "O" of the Plan; thence along said dividing line, South 53 degrees 15 minutes West, 125 feet to a point on the easterly line of Kensington Drive aforesaid; thence along the same, North 31 degrees 45 minutes West, 75 Feet to a point, the Place of BEGINNING. BEING PREMISES known and numbered as 76 Kensington Drive. BEING Lot NO. 6, Block "O", Plan of Country and Town Homes, Inc., which Plan is recorded in Plan Book 7, Page 41, Cumberland County records. ?h,hrf°C ..Pennsylvania 1 s_o_usinp, Finance Apenc Accounting & Loan Servicing; 211 North l,'rnitt Strcet, P.O. Har 15057 Ilcurisburt , 1',4 17105-5057 (800) 346-3597 1,,LV (717) 780-3X99 I'7Y(717) 780-1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 10/05/2011 RE: Account No. 2100204 ARLENE MARSHALL-HOCKENSMITH MICHAEL HOCKENSMITH 76 KENSINGTON DRIVE CAMP HILL, PA 17011 RE: 76 KENSINGTON DRIVE CAMP HILL, PA 17011-7915 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter We, Us or Ours) on your property located at 76 KENSINGTON DRIVE, CAMP HILL, PA 17011-7915, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,185.00 for 7/2011 through 10/2011 for a total of $4,740.00. Late charges and NSF charges that have accrued to this date in the amounts of $111.36 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $4,891.36. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $4,891.36, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash in our office, cashier's check, certified check or money order and made at: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgageed pro pert . If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorney fees. 6,-h??' ( c FHAACT/dtmdocs/ALSV/ 1 ,. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriffps foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments and any late or other charges then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-822-7375. This payment must be made payable in cash in our office, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualify for replacement insurance if you wish to retain it. If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. Sincerely, LC Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 TLG/ FH AACT/dtmdocs/ALSV/ Pennsylvania Finance Agency Accounting & loan Servicing ousing 211 North Frow Street, P. U. Box 1 0.57 11arrishm-, PA 17105-5057 (800) 346-3597 FAX (7l7) 780-3899 ITY (717) 780-1809 NOTICE 10/05/2011 ARLENE MARSHALL-HOCKENSMITH MICHAEL HOCKENSMITH 76 KENSINGTON DRIVE CAMP HILL, PA 17011 RE: Account #2100204 TO: ARLENE MARSHALL-HOCKENSMITH MICHAEL HOCKENSMITH 76 KENSINGTON DRIVE CAMP HILL, PA 17011-7915 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD's toll free number (800) 569-4287 for financially distressed mortgagors for information concerning HUD-approved housing counseling agencies. Attachment: Housing Counseling List FH AACT/dtmdocs/ALSV/ '** PLEASE BE SURE THE AGENCY OF YOUR CHOICE SERVICES YOUR COUNTY *** CCCS OF WESTERN PA-HARRISBURG 2000 LINGLESTOWN RD. HARRISBURG, PA. 17110 Phone:888-599-2227 NACA 1341 N DELAWARE AVE; SUITE 312 PHILADELPHIA, PA. 19125 Phone:888-297-5568 HOUSING ALLIANCE OF YORK DEVELOPMENT 34 S. Duke St. York, PA 17401-1106 Phone: 800-864-4909 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608-1676 Phone: 717-397-5182 PHILADELPHIA COUNCIL OF COMMINITY ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 PHILADELPHIA, PA. 19103-1828 Phone:800-930-4663 FH AACT/dtmdocs/ALSV/ a Z j Ch's -I ., Co ..., o •, u1 .. - a to M 'r \ ^• \\ sr r, .ro 0 N O? v 00 u1 co co 0 O N •r O n1 b N ?O o p •• O.b nb 1n 111 ?b o b a '"'? ` Q) 0. Mb MP 00 O O e ?a r l. ?? 0 -J \ N N N b m C h O N \ N N M M N O O L M y„ CD N N M b .d =3 'O Q ?f ,..1 C O N N O O ? .-1 H N N b r•/ N N M b F ? t U C ++ N N 111 N N Z Z M 7 00 \ 1 \ 4 J 41 N N d .-1 N N L L r Q. X O x N N N 7 N M O m N N d d N z b N Q' N M N 4) 41 w a' Z V) r LL N O N i+ a LL 0 } N N O C C V) N >- N F 7 N t- N G C 2 .y h L Q LL N x N +ti J J M ? N 7 h++ 2 CL Y o N W N} N a N N O N .: i° C C N O . D\ : h W a1? O n O w N a N a en W "' ~ v N 7 W Q N oe N h V' U: O O Q LL CL C)F N N Qb O' 2 ?- ,nl as w i " 9 O ' a O U N Z N N J? CF a a C T N V) N b J' Y) N al N Cr N N M X. 01 W O O Y N W N M W v Y L J 4J NaNa.. N ?; ut) M z> C N r N N# Q= 6 0 L: OS d "y L 111 N N > OI N N C h la W w M a aN E rl M C N C2 N N N - O ' M Ogo -H LL co N N t O u A ++ o N N N N m z z .+ y C2 d N N .r Q. 49 0 H = ~ U N N O G C9 O O F+ a' '? > N N O M -J Z W C ) W w J Z J " b M b > W G O Q . Z H Q N w N " G LL C . Z N " W (v S Z J Z U W S Z W 2 .-1 C N a N N O Q Q n Y Q. Y a (n p N .-1 o Z O F 6 b z <%0 E h Q N j .r b O. L h W . w CE O CD Q .. .. .r .. N n U t` U A ++ C r 111 M h qO b Q * U c0F ...-1 ...-7 .. .. '•'? A X C >w N•. L.-I *i Lr4H O. L LO.MLnM O'C i L "' N q U w a a 1 N .JU caw goW WaQ YQ J LLW) M a 7196 9008 9111 1435 5101 TO: MICHAEL HOCKENSMITH 76 KENSINGTON DRIVE CAMP HILL,PA 17011 SENDER: CARTAGINA REFERENCE: 2100204 PS Form 3800. Jarwarv 2006 RETURN Page RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service® Receipt for 1 STMARK:OR DATE:- 1Certified Mail`" No Insurance Coverage Provided j Do Not Use for International Mail ----- ------- -- - -- ---------- ---- Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-02-2012 07:39:47 Last Name First/Middle Begin Date Active Duty Active Duty End Service Status Date Agency MARSHALL- ARLENE Based on the information you have furnished, the DMDC does HOCKENSMITH not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). y6t Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://-vvww.defe.nselink.inillfaq/l)is/PC09SLDR.htnil. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 2/2/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TA.Rs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:2N3QJD43D https://www.dmdc.osd.mil/appj/scra/popreport.do 2/2/2012 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-02-2012 07:40:11 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency HOCKENSMITH MICHAEL Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 14 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22,209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/1ag/pis/PC09SLDR.htnil. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 2/2/2012 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a caul to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:25A026FRQB https://www.dmde.osd.mil/appj/scra/popreport.do 2/2/2012 COMPANY NAME: PENNSYLVANIA HOUSING FINANCE AGENCY AS SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct upon my personal knowledge and upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated 1d- By Director of Ac & Loan Servicing HOCKENSMITH 2100204 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank National Association vs. Arlene Marshall-Hockensmith (et al.) ?yvt?titi` c' ia?nsl,r.rrr td It ?L lrl? 12 A, L t' EM 'N": tr ]..V. ?.'r i Y'. Case Number 2012-1988 SHERIFF'S RETURN OF SERVICE 04/05/2012 10:00 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on April 5, 2012 at 1000 hours this Complaint in Mortgage Foreclosure upon defendant Michael Hockensmith is returned not served per request from the office of Purcell Krug & Haller. 04/05/2012 10:00 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on April 5, 2012 at 1000 hours this Complaint in Mortgage Foreclosure upon defendant Arlene Marshall-Hockensmith is returned not served per request from the office of Purcell Krug & Haller. 04/05/2012 10:00 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on April 5, 2012 at 1000 hours this Complaint in Mortgage Foreclosure upon defendant Occupant of 76 Kensington Drive, Camp Hill, Pennsylvania 17011 is returned not served per request from the office of Purcell Krug & Haller. SHERIFF COST: $75.00 April 10, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF i` P" p c ~,~~ ~' r' iF;U L+t3~'; a E ~1 f ~` y~l,: ~d"~ Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com U. S. BANK NATIONAL ASSOCIATION, TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. MICHAEL HOCKENSMITH AND ARLENE MARSHALL-HOCKENSMITH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW No. 12-1988 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. PURCELL, KRUG & ~ALLER .: `~' ~., `, BY ` ,~ -/ ~,~~ Leon P.Ha11er ID #15700 Attorney for Plaintiff Date: November 27, 2012