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HomeMy WebLinkAbout12-2347Leon 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. DAMON V. BENNER Defendant 16 ?n ?- F . ?.x,.ArSr.'1 M r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 4 on THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. 9 CUMBERLAND COUNTY LAWYER CUMBERLAND COUNTY BAR ASSOCIATION REFERRAL 3SOTH BEDFORD STREET (0.3-17,57 CARLISLE, PA 17013 / 75 7 5-0 717-249-3166 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. DAMON V. BENNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. DAMON V. BENNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 and as amended by Supplemental Indenture of Trust dated March 1, 2007, is acting through the Pennsylvania Housing Finance Agency ("Agency"), its appointed Limited Power of Attorney, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. The Limited Power of Attorney executed October 4, 2006 between the Plaintiff and the Agency is recorded in the Recorder of Deeds Office of the within County and Commonwealth on October 11, 2006 in Book 731, Page 421. The Limited Power of Attorney is incorporated herein by reference pursuant to Pa.R.C.P. 1019(g). 2. Defendant, DAMON V. BENNER, is an adult individual whose last known address is 213 WEST NORTH STREET, CARLISLE, PA 17013. 3. On or about, August 21, 2007, the said Defendant executed and delivered a Mortgage Note in the sum of $121,800.00 payable to COUNTRYWIDE HOME LOANS, INC., 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, Defendant 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 August 30, 2007 Instrument Number 200734040 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 September 4, 2007 as Instrument Number 200734436. A Mortgage Modification Agreement was executed and recorded on July 21, 2008 as Instrument Number 200824637 which attached a Mortgage Rider to the original Mortgage. 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, Assignment and Mortgage Modification Agreement are incorporated herein by reference. 5. The land subject to the Mortgage is: 213 WEST NORTH STREET, CARLISLE, PA 17013 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 August O1, 2011 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $115,271.38 Interest at $18.41 per day $5,615.05 From 07/01/2011 To 05/01/2012 ( based on contract rate of 5.7500%) Late Charges $28.43 $255.87 From 08/01/2011 to 05/01/2012 Escrow Deficit $1,252.44 Attorney's Fee at 5% of Principal Balance $5,763.57 TOTAL, $128,158.31 "Together with interest at the per diem rate noted above after May 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 Defendant by letter dated October 24, 2011 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the October 24, 2011 Act 6 Notice 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 Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. A copy of the website report from the Department of Defense Manpower Data Center, confirming non-active military duty is 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% ($18.41 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: v PURCELL, KRUG & ALLER 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) Prepared by: MAYRA OEJESUS Multistate NOTE FHA Case Nn. PA9918009509703 LOAN 1: 177616102 AUGUST 21, 2007 IDatel 213 W NORTH ST, CARLISLE, PA 17013-2324 / [l. •? IProperty Address) '? •? l 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means COUNTRYWIDE HOME LOANS, INC. 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 EIGHT HUNDRED and 00/100 Dollars (U.S. S 121, 800.00 ), 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 & 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 OCTOBER 01, 2007 . Any principal and interest remaining on the first day of SEPTEMBER, 2037 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at P.O. Box 660694, Dallas, TX 75266-0694 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. S 710. 7 9 part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items be 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 he 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 Allonge 0 Growing Equity Allonge E] 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. Pape I of 2 YHA Multistate Fixed Rate Note - ]OMs -1R(0303) CHL(12/04)(d) VMP :?Iil_ Mortgage Salutlons, Inc. (800)527.7291 InK1a1s 2 3 9 9 1' 111 7 7 6 1 6 1 0 2 0 0 0 0 0 2 0 0 1 R CASE Y: PA4418004509703 6. BORROWER'S FAILURE TO PAY LOAN 6: 177616102 (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( 9.000 %) 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 properly address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) (Seal) L D ON V. BF:NNFR •Bo'rower -Bort wer (Seal) (Seal) -Borrower Pay To The Order Of Borrower Pennsylvania Housing Finance Agency Without Recourse Countrywide Home Loan, Inc. -1 R (0303) CHL (12/)4) Page 2 of 2 By, .. ?; t1N r_ Y 4S?;lST:. 3c7 Record Prepared by & Return to: U.S. Bank National Association c/o PHFA-Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 717-780-3800 or 1-800-346-3597 PIN / ID Number: 05201798169 Above space is intentionally left blankfor 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): DAMON V. BENNER Secured by the real property located at: 213 WEST NORTH STREET, CARLISLE, PA 17013 Municipality of: CARLISLE Original Principal Amount: $121,800.00 County Recorded in: CUMBERLAND Mortgage Recorded: August 30, 2007 Instrument#: 200734040 Last Assignment to: PA Housing Finance Agency Instrument#: 200734436 IN WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 100, PHFA) [GUTSHALE) DATED: February 17, 2012 By: PENN???J??1 I?QU IN?`?'V' AGENCY Anthony J. "U anV Director of Accounting nd Loan Servicing COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the Oh day of 2012, before me, the undersigned officer, personally appeared Anthony J. Julian, Director of Accounting and an Servicing, an authorized officer of the 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. Om ,1„ a 4 ( ?Njottary Publi Comlvib TWO&TH 6F PENNSYLVANIA Notarial Seal Kimberley A. Ayala, Notary Public City of Harrisburg, Dauphin County My Commission Expires San. 15, 2015 MEMBER, PENNSYLVANIA ASSOQA WN OF NOTARIES CERTIFICATE OF RESIDENCE OF ASSIGNEE I certify that the principal business and mailing address for this assignment and assignee is: U.S. Bank National Association, c/o PHFA-Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057, Harrisburg, Pennsylvania 1 105-SO 7 Au o d V Officer j ?I I ??I HAT CERTAIN d rough of Carlisle vania, more particu 14ING at a point at is 100 feet from the lid alley 70 feet to a n along the said lot y direction 70 feet -dlv 26 feet to the play thereon erected a Pennsylvania. or Parcel of land and premises, situate, lying and being in the County of Cumberland and Commonwealth of r described as follows: ie corner of said West North Street and a ten foot alley line of West street West); thence in a southerly direction at now or formerly of Hannah Geary; thence in an easterly now or formerly of Hannah Geary 26 feet; thence in a :o said West North Street and thence along said street of beginning. dwelling house known as No. 213 West North Street, 6(b, ? bIT, C ' . i- ennsvivanla F10U,Sin Finance A_encv'----- Acc ;ting__!1L, Loan Sei-vicing 11 JVorlh 1.11-1) 111 ,beet, PO Kor /5oi 11arrishurg, /1,4 1?105-?O? (8001) 346-3597 I-A,V (717) 780-3899 77''(717) ,'8O-1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 10/24/2011 RE: Account No. 1627462 DAMON V. BENNER 213 WEST NORTH STREET CARLISLE, PA 17013-2324 RE: 213 WEST NORTH STREET CARLISLE, PA 17013-2324 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 213 WEST NORTH STREET, CARLISLE, PA 1 70 1 3-2324, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $955.00 for 8/2011 through 10/2011 for a total of $2,865.00. Late charges and NSF charges that have accrued to this date in the amounts of $85.29 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 $2,970.29. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $2,970.29, 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 1 7 1 05-5057 1-800-822-7375 or TTY (800) 346-3597 It 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 property. If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees. even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorney fees. `D FHAACT/dtmdocs/ALSV/ We may also sue you personally for the unpaid principal balance and u..-ther 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-B22-7375. 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 ATTORNEYS 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, L.. 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/ rennsylVania Hotrain Finance Al!enc NOTICE 10/24/2011 DAMON V. BENNER 213 WEST NORTH STREET CARLISLE, PA 17013-2324 RE: Account #1627462 TO: DAMON V. BENNER 213 WEST NORTH STREET CARLISLE, PA 17013-2324 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY Ace.,, ) ink & Loan Seryicing 2/1 North Fr on t .Sirce t, 1'. 0. Ho l II llrn•r•i.?hru;??, /'il l ,'' l U.5- ? (I ? , {8YIN)) 346-3.597 F;1X (717) 7<?'U- 3?1'r?rl TIT (1717) ,'8(l-1,V00 The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD's toll free number (800) 569-4287 for financially distressed mortgagors for information concerning HUD-approved housing counseling agencies. Attachment: Housing Counseling List FHAACT/dtmdocs/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/dtmdoc s /ALSV/ L_ c% J C.? i4 r N 0 WN m ?t O? IA } N Q LL S co a N o W CD J 1r . 1 N 14 N 0?o .4.4 N o .+ N o o M ? o o %T O r M o QI H I Q I O I I } I I- I W al O I ? I 0. WR' ? o0 ?a r- 0 J 0? O W W N M o 0 o L OI . o v Q CD o .? r r o .+ 0h N t N 111 o u z o z \ \ 4F • } O } O r1 O ri W -1 m O W L L 7 m N N W W qta •a rl V Im OI E .4 .i M W W 7 W m m w w z N ij 0- 0 C W W H C -I C M . J J IT v } I N N C C M M O O N N ++ > Q N N 7 0 0 7 W 2 N OU 1 W ?0 r r O. q V) N 1 Q M rl 4J Q F N J N m a q N I Q Q O cr0 N Z 1 N a a 101 >I 1 N 1 ?T K W •• •• I w I o N W Y a w 1 0 Z • 1 0. N N •• Z 4J 1 N w f- F- C N N*# to w w N> 0 w w L in N N C VI > w O.' a N N ?-I x H H N N 1 N V) o N N OD 1 N 2 S O N N F- H • N N 4' d' O W N 1 N O O C L U 1 1 ?0 Z Z O .•I H N 1 ? •rl Ix > N 1 h H w H W 41 ?0 W N Z N J 0 J O. > q ?0 W O w W W Ul +I .+J Z 3 w3 N L •? > O Q Q J J u N m N O 2 q M w to ce VI N •-i oW oN .. Qr Q W •-I C1 L I J I- •• N U N U In ?D v1 W OQ N - r ., V1 %a x dk 1.9 •• rt ... -1 •• •• •• •• , 111 m q c0 V1 C L .-1 » I L O. L rl L m m > H m •• L a m L a m 010 .ti 'O O1 Ir O O 0.. O E E O E E L V m v W Wu JU cc W co WaQ EQ J C\! 16- Cj C' O 4- C V m 7 00 J Y ++ Q. x0 W 1 Z I N .+ I LL LL C 0 C W 7 0 i+ IA W W w L N ? N 9 N Q LL C m c V1 m W 0 E J m z > W rl L and C 1 oW LL Y M V V Q m 1 4j %0 m LL 0 C m O J N Y C rl q x w W N Vr M m LL n. 7196 9008 9111 1435 3794 TO: DAMON V BENNER 213 WEST NORTH STREET CARLISLE, PA 17013 i i SENDER: GUTSHALE REFERENCE: 1627462 RETURN Postage .44 RECEIPT SERVICE CertbW Fee 2.85 Retum Receipt Fee 2.30 Restricted Delivery Total Postage & Fees 5 . 5 9 US Pasta) Servk** POSTMARK OR DATE Receipt for s Certified Mail"* No insurance Comrap Provided Do Not Use for Intemational Mail C 1 Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-02-2012 10:26:04 < Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Name A ency BENNER DAMON V 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). 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:/h;vwxv.defenselink.mil/fag/pis/PC09SLDR.htmi. 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.dmde.osd.mil/appj/scra/popreport.do 6 /'/ ( r / 3/2/2012 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 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:K8JF4008DJ https://www.dmde.osd.mil/appj/scra/popreport.do 3/2/2012 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 By Director of Ac & Loan Servicing BENNER 1627462 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank National Association vs. Damon V. Benner " at r ` E D-OF ICE €.` E NR0 HC1?40TARY C' M ERLAND Cu-JN'rj Y PENW-)YLVANIA 2f i' MAY -I AM 8: 17 Case Number 2012-2347 SHERIFF'S RETURN OF SERVICE 04/23/2012 08:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 23, 2012 at 2000 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Damon V. Benner, by making known unto himself personally, at 213 W. North Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handinc to him personally the said true and correct copy of the same. STEPHEN B NDER, DEPUTY 04/26/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 213 W. North Street, Carlisle, Pennsylvania 17013, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 213 W. North Street, Carlisle, Pennsylvania 17013 is only occupied by Damon V. Benner. SHERIFF COST: $55.00 SO ANSWERS, April 26, 2012 RON R ANDERSON, SHERIFF ce??? ?„r, She U.S. BANK NATIONAL ASSOCIATION TRUSTEE THE PENNSYLVANIA HO FINANCE AGENCY, Plaintiff VS. DAMON V. BENNER, Defendant : MORTGAGE FORECLOSURE ORDER AND NOW, this 3 V4 stayed for a period of sixty (60) opportunity to qualify for partici our Administrative Order of Feb in a court-supervised Conciliation Conference pursuant to 28, 2012. BY THE COURT, ? Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102 For the Plaintiff Damon V. Benner 213 West North Street Carlisle, PA 17013 ?MidPenn Legal Services :rlm get- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NG : CIVIL ACTION - LAW NO. 12-2347 CIVIL day of May, 2012, proceedings in the captioned matter are days from April 16, 2012, to afford the defendant/borrower an Kevin A. ss, P. J. a. C_- M V U.S. Bank National Associaiation Trustee For The Pennyslvania Housing Finance Agency, Plaintiff V. Damon V. Benner Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ,231/7 Docket No. 2012-21-45 : CIVIL ACTION- MORTGAGE FORECLOSURE CASE MANAGEMENT ORDER 9' of , 2012, the defendant/borrower in the above- AND NOW, this /-a captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised c opciliation Conference on oZ a?/d at 1,20 in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon 9 agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made and may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, DISTRIBUTION: ? Amy Hirakis, Esquire MidPenn Legal Services 401 E. Louther Street, Ste 103 Carlisle, PA 17013 For the Defendant ? Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102 For the Plaintiff 00 &piPS n4a, /.mod &/i5-a &G ( ?? Nj4iooo l ?sSoc,` loon. 7 ?u> ?? voC? n.5 /cdnicl0?5;:?c'< : IN THE COURT OF COMMON PLEAS ?-, n a n I'Aaint A, :CUMBERLAND COUNTY, PENNSYLVANIA V. : Docket No. 2012- -q3 y 7 v.,enner, Defendant : CIVIL ACTION- MORTGAGE FORECLOSURE REQUEST FOR CONCILIATION CONFERENCE ,. - ;. rr r J < my Pursuant to the Administrative Order dated February 28, 2012, governing tl*7-- ,`. C- Cumberland County Residential Mortgage Foreclosure Diversions program, the un gndiT hereby certifies as follows: 1. Defendant is owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. f Defendant's Counsel/Appointed Date Legal Si ature of Defendant (,r Date U.S. Bank National Associaiation Trustee For The Pennyslvania Housing Finance Agency, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2012-2145 Damon V. Benner Defendant : CIVIL ACTION- MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE 1, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Damon V. Benner, hereby certify that I am serving a copy of the Praecipe for Entry of Appearance and Request for Conciliation Conference on the Plaintif, through their attorney, on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102 MIDPENN LEGAL SERVICES DATE: Tune 12, 2012 Amy -Fakis, Esquire Attorc % for Defendant Supreme Ct. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 U.S. Bank National Associaiation Trustee For The Pennyslvania Housing Finance IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Agency, Plaintiff V. Docket No. 2012-2347 Damon V. Benner Defendant : CIVIL ACTION- MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Damon V. Benner, hereby certify that I-am_served a copy of Form 2- Financial Worksheet on the Plaintiff, through their attorney, on the following date and in the manner indicat@ bow: - -ax MW Z c_ --i ?-? U S First Class Mail, Postage Pre-Paid c Leon P. Haller, Esquire r? ' 1719 North Front Street r --- to Harrisburg, PA 17102 ,- DATE: July 2, 2012 -? LEGAL SERVICES Amy is, Esquire At for Defendant Su me Ct. ID # 310094 401 E. Louther Street, Ste 103 Carlisle, PA 17013 (717)243-9400 f U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING : FINANCE AGENCY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-2347 CIVIL Vs. DAMON V. BENNER, Defendant : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE MEMORANDUM AND ORDER C =c ?a C) - Present at a conciliation conference held this date were Leon P. Haller, Esquire, attorney for the plaintiff, Nicholas Matash, Esquire, and Amy Hrakis, Esquire, attorneys for the defendant, and the defendant, Damon V. Benner. It is agreed that Mr. Benner through counsel will submit to counsel for the plaintiff a full and complete PHFA application and any requested back-up information prior to the close of business on Tuesday, August 7, 2012. Continued conciliation conference will be held in this matter on Thursday, August 30, 2012, at 9:30 a.m. ORDER AND NOW, this Z 1' day of July, 2012, continued conciliation conference is set for Thursday, August 30, 2012, at 9:30 a.m., in the Chambers of the undersigned. BY THE COURT, f ? A ? Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102 For the Plaintiff Nicholas Matash, Esquire Amy Hrakis, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 U.S. BANK NATIONAL IN THE COURT OF COMMON PLEAS OF ASSOCIATION TRUSTEE FOR CUMBERLAND COUNTY, PENNSYLVANIA THE PENNSYLVANIA HOUSING FINANCE AGENCY, CIVIL ACTION -LAW Plaintiff NO. 12-2347 CIVIL ~ ~ ~=' -~, vs. DAMON V. BENNER, Defendant MORTGAGE FORECLOSURE IN RE: CONTINUED CONCILIATION CONFERENCE ORDER c +~* ,,, -~ ~ v~ rrt r'`~ €= ~~ ~ ~ ~~ ~t~ ~. ~~ ~,. _ ~ ~ ~ .. °~ ~' AND NOW, this `'~ ~ day of September, 2012, at the request of counsel for the parties, continued conciliation conference in the above matter scheduled for August 30, 2012, is continued to Friday, October 19, 2012, at 11:00 a.m. in the Chambers of the undersigned. BY THE COURT, _~ Kevin ess, P. J. ;/ Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102 For the Plaintiff //Nicholas Matash, Esquire Amy Hrakis, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Cazlisle, PA 17013 For the Defendant :rlm ~;,CS iMu~ ~~ed q'S~/a. _ ~~ EGG U.S. BANK NATIONAL IN THE COURT OF COMMON PLEAS OF ASSOCIATION TRUSTEE FOR CUMBERLAND COUNTY, PENNSYLVANIA THE PENTNSYLVANIA HOUSING FINANCE AGENCY, CIVIL ACTION -LAW Plaintiff NO. 12-2347 CIVIL vs. DAMON V. BENNER, Defendant MORTGAGE FORECLOSURE IN RE: CONTINUED CONCILIATION CONFERENCE ORDER AND NOW, this ~ 8 ~ day of October, 2012, at the request of counsel for the parties, continued conciliation conference in the above matter scheduled for October 19, 2012, is continued to Friday, November 30, 2012, at 11:00 a.m. in the Chambers of the undersigned. BY THE COURT, ,f ~~ ,~ ~ !~-/ _ Kevin ess, P. J. /Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102 For the Plaintiff /Nicholas Matash, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 For the Defendant ,e~L ~~ ., U.S. BANK NATIONAL IN THE COURT OF COMMON PLEAS OF ASSOCIATION TRUSTEE FOR CUMBERLAND COUNTY, PENNSYLVANIA THE PENNSYLVANIA HOUSING FINANCE AGENCY, CIVIL ACTION -LAW ~ ~ ,-. ~ Plaintiff NO. 12-2347 CIVIL '" .:~' T ' ~ = ~ ~ `°! co ~.. _._. VS. ~] ~ ~ ~ r ~ ~ ~ c~- .~- DAMON V. BENNER --a ~-, Defendant MORTGAGE FORECLOSURE :yr-, ~ ~~=~ -~3'~ ~` ~ ~ 1N RE: CONTINUED CONCILIATION CONFERENCE _ ~~ ~ MRMORANDUM AND ORDER Present at continued conciliation conference held November 30, 2012, were Leon Haller , Esquire, attorney for the plaintiff and Nicholas Matash, Esquire, and Jaime Haley, Esquire, attorneys for the defendant. This case has failed to make sufficient progress so as to allow the matter to continue in the conciliation process. Accordingly, the stay of this mortgage foreclosure action will be lifted by order of event date herewith. ORDER AND NOW, this 30` day of November, 2012, the captioned case is removed from the Cumberland County Mortgage Conciliation Conference Program and the stay entered by order of June 18, 2012, is LIFTED. BY THE COURT, ' ~ I Kevin .Hess, P. J. /Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102 For the Plaintiff icholas Matash, Esquire MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 For the Defendant :rlm P i~~~ ~~~~ .~..r~ U.S. BANK NATIONAL ASSOCIATION TRUSTEE IN THE COURT OF COMMON PLEAS FOR THE PENNSYLVANIA HOUSING FINANCE CUMBERLAND COUNTY, PENNSYLVANIA AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 12-2347-CIVIL TERM DAMON V. BENNER, IN MORTGAGE FORECLOSURE DEFENDANT(S) RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on �1 La©f 5 , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: DAMON V. BENNER 213 WEST NORTH STREET CARLISLE, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 - rn CZ) TENANT/OCCUPANT 213 WEST NORTH STREET CARLISLE, PA 17013 NICHOLAS MATASH, ESQUIRE ° r MID PENN LEGAL SERVICES -4 -< 1-0 401 EAST LOUTHER STREET SUITE 103 CARLISLE, PA 17013 Pennsylvania Housing Finance Agency 211 North Front Street P. O. Box 15057 Harrisburg, PA 17105-5057 International Portfolio, Inc. 2171 NW 139 Terrace Pembroke Pines, FL 33028 International Portfolio, Inc. c/o Matthew D. Urban, Esquire Weltman Weinberg & Reis Co. Koppers Building— Suite 1400 4367 th Avenue Pittsburgh, PA 15219 By PURCEL , RUG & HALL Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 I 1 LAW OFFICES,Q� ? �� 1719 NORTH FRONT STREET HOWARD B.KRUG HARRISBURG,PENNSYLVANIA 17102-2392 HERSHEY LEON P.HALLER TELEPHONE(717)234-4178 (717)533-3836 JOHN W.PURCELL JR. FAX(717)234-1206 JILL M.WINEKA LISA RYNARD DAMON V. BENNER 213 WEST NORTH STREET CARLISLE, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 213 WEST NORTH STREET CARLISLE, PA 17013 NICHOLAS MATASH, ESQUIRE MID PENN LEGAL SERVICES 401 EAST LOUTHER STREET SUITE 103 CARLISLE, PA 17013 Pennsylvania Housing Finance Agency 211 North Front Street P. O. Box 15057 Harrisburg, PA 17105-5057 International Portfolio, Inc. 2171 NW 139 Terrace Pembroke Pines, FL 33028 International Portfolio, Inc. c/o Matthew D. Urban, Esquire Weltman Weinberg & Reis Co. Koppers Building— Suite 1400 436 7th Avenue Pittsburgh, PA 15219 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by b ' g notified of said Sheriffs Sale. By: Le . Haller PA I.D.15700 .Affiorney for Plaintiff U.S.BANK NATIONAL ASSOCIATION TRUSTEE IN THE COURT OF COMMON PLEAS FOR THE PENNSYLVANIA HOUSING FINANCE CUMBERLAND COUNTY,PENNSYLVANIA AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 12-2347-CIVIL TERM DAMON V. BENNER, IN MORTGAGE FORECLOSURE DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday,June 05,2013 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 213 WEST NORTH STREET CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 12-2347-CIVIL TERM JUDGMENT AMOUNT $128,158.31 THE NAME OF THE OWNER OR REPUTED OWNER of this property is: DAMON V. BENNER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10)days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land and premises, situate,lying and being in the Borough of Carlisle,County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point at the comer of said West North Street and a ten foot alley(which is 100 feet from the line of West street West);thence in a southerly direction along said alley 70 feet to a lot now or formerly of Hannah Geary;thence in an easterly direction along the said lot now or formerly of Hannah Geary 26 feet;thence in a southerly direction 70 feet to said West North Street and thence along said street westwardly 26 feet to the place of BEGINNING. CONTAINING 26 feet in front on West North Street by 70 feet in depth. HAVING THEREON ERECTED A DWELLING KNOWN AS 213 WEST NORTH STREET CARLISLE, PA 17013 BEING THE SAME PREMISES WHICH David L. Stoner,Jr. and Debra Stoner, husband and wife,by deed dated 08/21/07 and recorded 08130107 in Cumberland County Instrument No.2007-34039,granted and conveyed unto DamonV. Benner. TO BE SOLD AS THE PROPERTY OF DAMON V. BENNER ON JUDGMENT NO. 12-2347-CIVIL TERM ASSESSMENT NO. 05-20-1798-169. 7196 9008 9111 8088 0438 TO: DAMON V.BENNER . 213 WEST NORTH STREET CARLISLE,PA 17013 SENDER: P01455/38405 REFERENCE: NOS 06/05/13 PS Form 3800 January 2005 RETURN Postage RECEIPT SERVICE Certified Fee r Return Receipt Fee Restricted Delivery Total Postage&Fees Ile ' USPV POSTMARK OR DATE Receipt for nGP Certified Mail'"No Insurance Coverage Provided Do Not Use for Intendlorial MIA PENNSYLVANIA HOUSING FINANCE AGENCY v.DAMON V. BENNER Cumberland County Sale 6/5/2013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug&Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DAMON V. BENNER 213 WEST NORTH STREET CARLISLE, PA 17013 U:S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug&Haller Postage: 1719 North Front Street `U 5 p S Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: NICHOLAS MATASH, ESQUIRE MID PENN LEGAL SERVICES 401 EAST LOUTHER STREET SUITE 103 CARLISLE, PA 17013 U. S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: �v ,G PA ; DOMESTIC RELATIONS Cumberland County Courthouse `h 1 13 North Hanover Street o Carlisle,PA 17013 _ �10 10S JR4, U 51?S 7 _S.PITNEY BOWES 02 1M $ 01.200 0004284324 FES 0 7 2013 MAILED FROM ZIP CODE 1710 2 PENNSYLVANIA HOUSING FINANCE AGENCY v. DAMON V. BENNER Cumberland County Sale 6/5/2013 U.S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 213 WEST NORTH STREET CARLISLE,PA 17013 U.S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug&Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Pennsylvania Housing Finance Agency 211 North Front Street P. O. Box 15057 Harrisburg, PA 17105-5057 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: International Portfolio, Inc. 2171 NW 139 Terrace JAG PA �)I Pembroke Pines, FL 33028 . 7 � 02 1M 1.200 0004284324 FES07 2013 MAILED FROM ZIPGODE 1710 2 4 U.S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: International Portfolio, Inc. c/o Matthew D. Urban, Esquire Weltman Weinberg & Reis Co. Koppers Building— Suite 1400 4367 th Avenue Pittsburgh, PA 15219 0 cc 20 3 `k 02 1M $ 01.200 0004284324 FE807 2013 MAILED FROM ZIPCODE 1710 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson R'LF D_0F°F IcE Sheriff titir� of�:irlab"ti Nk PRO THONo TAR�r Jody S Smith4 frr4 AUG 30 A�tf 8: 2'1 Chief Deputy*? Richard W Stewart ' CUMBERLAND COUNTY Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA US Bank National Association Case Number vs. 2012-2347 Damon V. Benner SHERIFF'S RETURN OF SERVICE 04/03/2013 10:11 AM -Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 213 W. North Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 04/03/2013 10:11 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Damon V. Benner at 213 W. North Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Leon Haller, on behalf of US Bank National Association Trustee for the Pennsylvania Housing Finance Agency, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $1,017.36 SO ANSWERS, August 28, 2013 RbNO R ANDERSON, SHERIFF pmt. (c)CountySuite Sheriff,Teleosoft,Inc. U.S,BANK NATIONAL ASSOCIATION TRUSTEE IN THE COURT OF COMMON PLEAS FOR THE PENNSYLVANIA HOUSING FINANCE CUMBERLAND COUNTY,PENNSYLVANIA AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 12-2347-CIVIL TERM DAMON V. BENNER, IN MORTGAGE FORECLOSURE DEFENDANT(S) AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action,by its attorneys, Purcell, Krug&Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 213 WEST NORTH STREET CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): DAMON V. BENNER 213 WEST NORTH STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in(1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN International Portfolio, Inc. 2171 NW 139 Terrace Pembroke Pines,FL 33028 International Portfolio, Inc. c/o Matthew D. Urban, Esquire Weltman Weinberg&Reis Co. Koppers Building—Suite 1400 436 7tb Avenue Pittsburgh, PA 15219 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Pennsylvania Housing Finance Agency 211 North Front Street P. O. Box 15057 Harrisburg, PA 17105-5057 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale- UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 213 WEST NORTH STREET CARLISLE, PA 17013 NICHOLAS MATASH, ESQUIRE MID PENN LEGAL SERVICES 401 EAST LOUTHER STREET SUITE 103 CARLISLE, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authoritj 4. n P. Haller PA I.D. 415700 Purcell, Krug &Haller 1719 North Front Street Harrisburg,PA 17102 (717) 234-4178 DATE:January 15, 2013 U.S.BANK NATIONAL ASSOCIATION TRUSTEE IN THE COURT OF COMMON PLEAS FOR THE PENNSYLVANIA HOUSING FINANCE CUMBERLAND COUNTY,PENNSYLVANIA AGENCY, PLAINTIFF CIVIL ACTION LAW vs. NO. 12-2347-CIVIL TERM DAMON V.BENNER, IN MORTGAGE FORECLOSURE DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property(real estate) will be held: DATE: Wednesday,June 05,2013 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property,together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 213 WEST NORTH STREET CARLISLE,PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 12-2347-CIVIL TERM JUDGMENT AMOUNT $128,158.31 THE NAME OF THE OWNER OR REPUTED OWNER of this property is: DAMON V. BENNER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg,PA 17102 (717) 234-4178 I ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle,County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point at the corner of said West North Street and a ten foot alley(which is 100 feet from the line of West street West); thence in a southerly direction along said alley 70 feet to a lot now or formerly of Hannah Geary; thence in an easterly direction along the said lot now or formerly of Hannah Geary 26 feet; thence in a southerly direction 70 feet to said West North Street and thence along said street westwardly 26 feet to the place of BEGINNING. CONTAINING 26 feet in front on West North Street by 70 feet in depth. HAVING THEREON ERECTED A DWELLING KNOWN AS 213 WEST NORTH STREET CARLISLE, PA 17013 BEING THE SAME PREMISES WHICH David L. Stoner,Jr. and Debra Stoner,husband and wife,by deed dated 08/21/07 and recorded 08/30/07 in Cumberland County Instrument No. 2007-34039, granted and conveyed unto DamonV. Benner. TO BE SOLD AS THE PROPERTY OF DAMON V. BENNER ON JUDGMENT NO. 12-2347-CIVIL TERM ASSESSMENT NO. 05-20-1798-169. WRIT OF EXECUTION and/or ATTACHMENT COMMON WEALTH OF PENNSYLVANIA) NO. 12-2347 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff(s) From DAMON V.BENNER (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: $128,158.31 L.L.: $.50 Interest PER DIEM OF$18.41 TO SALE DATE 6/5/2013-$7,271.95 Atty's Comm: Due Prothy: $2.25 Atty Paid: $203.75 Other Costs: LATE CHARGES-$28.43 PER MONTH TO SALE DATE 6/5/2013 -$369.59 ESCROW DEFICIT-$1,980.35 Plaintiff Paid: Date: 1/17/13 David D. Buell,Prothonotary. (Seal) Deputy REQUESTING PARTY: Name: LEON P.HALLER, ESQUIRE Address: PURCELL,KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG,PA 17102 TRUE CONY FROM RECORD in Testimony Whereof,t here unto set my hand Attorney for: PLAINTIFF and the seal of said Cou�atnC,arlliisle,Pa. This-__�__�_day of�ro�on Telephone: 717-234-4178 `� Supreme Court ID No. 15700 �'�Q �, ` �aavo__. On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA, Known and numbered as, 213 West North Street, Carlisle, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: �A4 Real Estate Coor inator 9S X11 d 81 NHS E19Z JI CUMBERLAND LAW JOURNAL Writ No. 2012-2347 Civil US BANK NATIONAL ASSOCIATION vs. DAMON V.BENNER Atty.: Leon P. Haller ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point at the cor- ner of said West North Street and a ten foot alley(which is 100 feet from the line of West street West);thence in a southerly direction along said alley 70 feet to a lot now or formerly of Hannah Geary;thence in an east- erly direction along the said lot now or formerly of Hannah Geary 26 feet; thence in a southerly direction 70 feet to said West North Street and thence along said street westwardly 26 feet to the place of BEGINNING. CONTAINING 26 feet in front on West North Street by 70 feet in depth. HAVING THEREON ERECTED A DWELLING KNOWN AS 213 WEST NORTH STREET CARLISLE, PA 17013. BEING THE SAME PREMISES WHICH David L. Stoner, Jr. and Debra Stoner,husband and wife,by deed dated 08/21/07 and recorded 08/30/07 in Cumberland County Instrument No.2007-34039,granted and conveyed unto DamonV.Benner. TO BE SOLD AS THE PROPERTY OF DAMON V. BENNER ON JUDG- MENT NO. 12-2347-CIVIL TERM. ASSESSMENT NO. 05-20-1798- 169. 20 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: April 12,April 19 and April 26, 2013 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. Lisa arie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 6 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 TechnologyPkwy the a Suite+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 Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M",Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 04116/13 . 2012-2347 CIVII 04/23113 US BANK NATIONAL ASSOCIATION 04130113 VS. DAMON V.BENNER Atty, Leon R Haller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Carlisle,County Sworn to and subscribed before me this 13 day of May, 2013 A.D. of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: 0� . I A b1W BEGINNING at a point at the comer lic of said West North Street and a ten foot U alley(which is 100 feet from the line of West street West); thence in a southerly direction along said alley 70 feet to a lot now or formerly of Hannah Geary,thence COMMONWEALTH OF PENNSYLVANIA in an easterly direction along the said lot Notarial Seal now or formerly of Hannah Geary 26 feet; Holly Lynn Warfel,Notary Public thence in a southerly direction 70 feet to Washington Twp.,Dauphin county said West North Street and thence along MY COMMISSIOn Expires Dec.12,2016 said street westwardly 26 feet to the place MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES of BEGINNING. CONTAINING 26 feet in—front on Wft- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which US Bank National Association Trustee for the Pennsylvania Housing Finance A ency is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 17th day of January,A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2347, at the suit of US Bank National Association Trustee for the Pennsylvania Housing Finance Agency against Damon V. Brenner is duly recorded as Instrument Number 201328966. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this C/ day of 1 g1 (zd — ,A.DAeq I Recorder of Deeds