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Home My WebLink About12-6043 Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com c'. I .i C. ~ f ;: ~ V t ~. iii tt5`k.J C ~~s., ~ , . s .3 it L'1+tr ~ , ~ , U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. TRI HUU TR1NH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FOR CLOSURE ~$~a- ~~~~ ~i~i1 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 PR.OCESO SIN SU PARTICiPAC10N. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE l' REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE E5TA 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. Sl 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 CARLISLE, PA 17013 717-249-3166 f~ O~v.,.~ ~ I C~~ ~S Ck~# -~R~ry ~~ U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. TRI HUU TRINH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION LAV~~ 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, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. TRI HUU TRINH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - L,A`N ACTION OF MORTGAGE FOR:ECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE l . Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS 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 then Pennsylvania Housing Finance Agency ("Agency"), its appointed Limited Power of Attorney, with any address of 211 North Front Street, Harrisburg, Pennsylvania 17101. The Limited Power of Attorney e~:ecuted 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. TRI HUU TRINH, is an adult individual whose last known address is 732 BELLE VISTA DRIVE, ENOLA, PA 17025. 3. On or about, June 18, 2010, the said Defendant executed and delivered a Mortgage Notes in the sum of $148,000.00 payable to METRO 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, 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 June 30, 2010 as Instrument Number 20107418 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOt1SING FINANCE AGENCY and was recorded in the aforesaid County on ,Tune 30, 2010 as Instrument Number 20107419. 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 Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 732 BELLE VISTA DRIVE, ENOLA, PA 17025 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 May O1, 2012 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $144,071.32 Interest at $19.81 per day $:3,625.23 From 04/01/2012 To 10/01/2012 ( based on contract rate of 4.9500%) Accumulated Late Charges $39.50 Late Charges $39.50 $197.50 From OS/01 /2012 to 10/01 /2012 Escrow Credit ($1,611.18) Attorney's Fee at 5% of Principal Balance _ $'7,203.57 TOTAL $15:3,525.94 * *Together with interest at the per diem rate noted above after October O 1, 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. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 6 of 1974 and as amended by Pennsylvania Act 57 of 2008 by sending to each Defendant, by certified mail, Notice of Intention to Foreclose Mortgage and Accelerate Loan Balance. A true and correct copy of the Notice of Intention to Foreclose Mortgage and Accelerate Loan Balance dated July 20, 2012 is attached hereto as Exhibit "D". 9. 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 Service Members Civil Relief Act, 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 4.9500% ($19.81 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) - \`~~ LOAN tr 77766519 / ~. NOTE JUNE 18, 2010 Harrisburg, PENNSYLVANIA [oats[ [City) (state] 732 Belly Vista Drive, Enola, PA 17025 [Property Addtvsa) 1. BORROWER'S PROMISE TO PAY In return for a loan that t have received, I promise to pay U. S. $148,000.00 (this amount is caled "Principal7, plus interest. to the order of the Lender. The Lender is HETRO BAR%, A STATE CHARTERED SARA. I will make all payments under this Nole in the form of cash, check or money order. I understand that the Lender may [ransler this Note. The Lender or anyone who takes lhls Note by transler and who is entitled to receive payments under this Nole is called the 'Note Holder.' 2. INTEREST Interest will be charged on unpaid principal unlit the lull amount of Principal has been paid. I wi6 pay interest at a yearly rate of 4. 95ot. The interest rate required by this Section 2 is the rate f will pay both beloreand after any default described in Section Elej o1 this Note. 3. PAYMENTS (A) Time end Place of Paymanls I will pay principal and interest by making a payment every month. I will make my monthly payment on the IsT day of each month beginning on AUGUST 1, 2010. I will make these payments every month until I have paid atl of the principal and interest antl any othercharges described below that i may owe under this Note. Each monthly payment wIU be applied as of its schrW uled due data and will be applied to interest before Principal. I1, on JULY I, 2040, I sell owe amounts under this Note, I will pay those amounts in lull on that date, which is called Ihe'Maturity Date.' I will make my monthly payments at 3601 PAXTON STREET HARRISBURG, Pp 17111 or al a different place if required by the Note Holder. (B) Amount of Monthly Paymanls My monthly payment will be in the amount of U.S. $789.96. 4. BORROWER'S RIGHT TO PREPAY I have Iha right to make payments of Principal at any lime before they sre due. A payment of Principal only is known as a 'Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will t>e no changes in the due date m in the amount o! my monthly payment unless the Note Holder agrees in wdting to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any Initialer MULTISTATE FIXED RATE NOTE~S~ngro Fem~y.Fannls Mae/FrW01e Mac UN[rORM INSTRUMENT Form 3200 il01 L ~.9es~aooo Onena Documems inc Paga I Of 3 FJ2ooN0T I)1or _~`,~a_ ,..~ 1 LOAN {: 77786579 sums already collected Irom me which exceeded permitted limits will be refunded tome. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. It a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments N the Note Holder has not received the full amount o1 any monthly payment by the end of 15 calendar days after the date ii is due. I will pay a late charge to the Note Holder. The amount of Ote charge will be 5.000 t 01 my overdue payment of principal and interest. I will pay this late charge promp0y but only once on each late payment. (B) Default II I do not pay the lull amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default It I am in default, the Note Holder may send me a written notice falling ma that A I do not pay the overdue amount by a certain data, the Note Holder may require me to pay immediately the lull amount of Principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice 15 mailed to me or delivered by other means, (D) No Waiver By Note Holder Even i1, at a time when I am in default, the Note Holder does not require me to pay immediately in lull as described above, the Note Holder win still have the right to do so it I am in default at a Wter time. (E) Payment of Note Holder's Costs and Expanses If the Note Holder has required me to pay immediately N full as described above, the Note Holder will have the right to be paid back by me for all 01 its costs and expenses in enforcing this Note 1o the eMen1 not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' tees. 7. GIVING OF NOTICES UNess applicable law requires a different method, any notice that must be given to me under this Nole will be given by delivering it or by mailing it by first class mail to meat the Property Address above or at a ditterenl address f I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Nole will be given by delivering it or by mailing ft by first class mail to the Note Holder at the address stated in Section 3 (A) above or al a ditterenl adtlress it l am given a notice of that ditteren; address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE It more than one person signs this Note, each person is fully end 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 parson who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Nols, is also obligated to keep all 01 the promises made in this Note. The Note Holder may enforce its rights under Ihis Note against each person individually or against all of us together. This means that any one of us may be required to pay all 01 the amounts owed under this Note. 9. WAIVERS I and any other person who has oblga[ions under this Note waive the rights o1 Presentment and Notice of Dishonor. "Presentment" means the right to require the Nota Holder to demand payment o1 amounts due. `Notce of Dishonor" means the right to require the Note Holder to give notice !o other persons that amounts due have not been paid. 7D. UNIFORM SECURED NOTE This Note is a uniform ins lrumenl with limited vanalions in some jurisdictions. In addition to the protections given to the Note Holder under this Nola, a Mortgage, Deed of Trust, or Security Daed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result f I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in lull of all amounts I owe under this Note. Some o1 those conditions are described as follows: It all or any part of the Property or any Interest in the Property is soltl or transferred (or ii Borrower Is not a natural person and a beneficial interest in Barower is sold or transferred) without Lender's prbr written consent, Lender may require immediate payment in Lull of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shag provide a period of not less than 30 days from the date the notice is given in accordance with Secton 15 within which Initialer MULTISTATE FI%ED RATE NOTE-Singie Fem~ly.FannN Maa/Fndtlla Mao UNIFORM INSTRUMENT Form a2e01let t rGee~200] Onlmr Docu~.+nrs. inc. Pegs 2 OI 3 FJ200NOT 001 I.OAB 11 77786579 Borrower must pay all sums secured by lhis Security Instrument. It Borcower fails to pay these sums prior to lha expiration o1 Inis period, Lender may invoke any remedies permitted by Ibis Security Instrument without further notice or demand on Borrower. WITNESS THE HANDIS) AND SEAL(S) OF THE UNDERSIGNED. (Seal) Tri duu Trinh [Sign Original Onlyj MULTISTATE FINED RATE NOTE~Sing4 Femily~Fannlrr Ms~iFnddl~ Mac UNIFORM INSTRUMENT Form JY00 t/a1 Z 1999-7W7 Onun~ Documcnll. Inc. page I of 3 FJ200NOT 0)01 ALLONGE TO NOTE '_OAN #: 77786579 LOAN AMOUNT; $148, 000.00 PROPERTY ADDRES51 772 Belle Vista Drive Enola, PA 17025 ALLONGE TO NGTE DATED JUNE 18, 201D IN FAVOR OF METRO BANN, A STATE CHARTERED BANK ANO EXECUTED BY Tri Huu Tzinh PAY TO THE ORDER OF PENNSYLVANIA HOUSING FINANCE AGENCY WITHOUT RECOURSE METRO BANK, A STATE CHARTERED BANK /l BY ~~ ~li %~~._,,~ ~ ~i..~.l.l. Robin M Zerbe TITLE Assistant Vice President Cocu^•.en1 ~Leaa ~cF305 L ;995~200.'f Oni~ne Oocumems, inc. GN 13 0301 Record Prepared by & Return to: U.S. Bank National Association c,~o PHFA-Accounting & Loan Servicing 21 l North Front Street, P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 717-780-3800 or 1-800-346-3597 PIN / ID Number: 09 1 1 3006014 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): TRI HUU TRINH Secured by the real property located at: 732 BELLE VISTA DRIVE, ENOLA, PA 17025 Municipality of: TOWNSHIP OF EAST PENNSBORO Original Principal Amount: $148,000.00 County Recorded in: CUMBERLAND Mortgage Recorded: June 30, 2010 Instrument#: 20107418 Last Assignment to: PA Housing Finance Agency Instrument#: 20107419 IN WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 112, PHFA) [FISSEL] DATED: August 31, 2012 By: PENNS~;LVAN)~A HOUSING FIlYANCE AGENCY Anttl6ny J. ian // Director of Acc mg d an Servicing COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, theC,~_ day of ~-x$12, before me, the undersigned officer, personally appeared Anthony J. Julian, Director of Ac nting and Loan 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. ~~ Notary Public ~~~ COMMpNV~!l=-+AL~Fi (9F PENNS~'LVANIA Notarial Seal Kimberley A. Aya9a, Notary Public City oP Harrisburg, Dauphin County My Commission F~plres lan. 15, 2015 CERTIFICATE OF RESIDENCE OF ASSIGNEE MEMBER, PENNSY~VANI/F A''SOCTATION OF Nt7rARIES 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, Pennsyly is 17 5-5057 __ ~Z~ uthoriz Officer TRACT NO. 1 ALL THAT CERTAIN tract of land with improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right of way line of Belle Vista Drive at the dividing line of Lot No. 10 and Lot No. 11 as shown on the final subdivision plan for Arthur R. Zimmorli, recorded in Plan Book 39, Page 14; thence by the northern right of way line of Belle Vista Drive, South 59 degrees 46 minutes 32 seconds West 104.29 feet to a point; thence by same North 35 degrees 14 minutes 18 seconds West 66.36 feet to a point on lands now or formerly of Richard G. Moyer; thence by the eastern line of aforesaid lands North 43 degrees OS minutes 02 seconds West 322.46 feet to a point on the southern line of Lot No. 12 as shown on the above mentioned Plan; thence by aforesaid line North 62 degrees 30 minutes 00 seconds East 167.03 feet to a point on the western line of Lot No. 10 as shown on the above mentioned Plan; thence by aforesaid line South 32 degrees 31 minutes 57 seconds East 372.84 feet to a point being the place of Beginning. BEING Lot No. 11 on a final subdivision Plan for Arthur R. 7.immorli recorded in Plan Book 39, Page 14, December 5, 1980. CONTAINING 1.134 acres SUBJECT to restrictions recorded and as of record in Miscellaneous Book 260, Page 42, in the Office for the recording of deeds in and for Cumberland County TRACT N0.2: ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in an old woods road which place of beginning is on the eastern line of lands now or formerly of Elwood Oliver; thence North 6 degrees 15 minutes West for a distance of 199.2 feet by the eastern line of lands now or formerly of Elwood Oliver to a post; thence North 41 degrees 45 minutes East 230 feet by lands now or formerly of Vincent F. Salerno to a poplar tree; thence South 36 degrees 30 minutes East by lands of same 274 feet to an iron pipe; thence by lands now or formerly of Minnick South 58 degrees West, 19] feet to an iron pipe; thence South 69 degrees 45 minutes West 137 feet to the point and place of Beginning. CONTAINING 1.44 acres ~1~. bif "(. Pe~~nsylvania Housing Finance Agency accounting & Loan Servicing 211 North Front Sn~ee~, P. O. Bnx IS0.57 Han~ishu~ ~, PA 17105- ~ 057 (8011) 346-3 i97 FfiX ("717) 780- 3Sy~ TTr' (717) 780-18Fi9 CERTIFIED MAIL -RETURN RECEIPT REQUESTED 7/20/2012 RE: Account No. 2232304 TRI HUU TRINH 732 BELLE VISTA DR ENOLA, PA 17025-1302 RE: 732 BELLE VISTA DRIVE ENOLA, PA 17025-1302 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 732 BELLE VISTA DRIVE, ENOLA, PA 17025-1302, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,154.00 for 5/2012 through 7/2012 for a total of $3,462.00. Late charges and NSF charges that have accrued to this date in the amounts of $158.00 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 tap in your payments, as of the date of this letter is $3,634.00. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $3,634.00, 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 ri ht 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 mart a eed rp operty. 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 yot,i 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. \„~ l I! ~ ~ ! FHAACT/dtmdocs/ALSV/ ~J'1 ~-~ We may also sue you personally for the unpaid principal balance and all other sums clue 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 AIDE 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, ~. TLG/ Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 FHAACT/dtmdocs/ALSV/ Pennsylvania Housing Finance Agency ~ccountin~ & Loan Servicing 1 /North Fro,~t Street, P. U. Box 1 ~ 0.57 Hu,•rishu,-g, PA 1710- ~ 057 (800) 3a6-3.597 FAX" (717) 780-3899 TTY (717) 78(1-1869 NOTICE 7/20/2012 TRI HUU TRINH 732 BELLE VISTA DR ENOLA, PA 17025-1302 RE: Account #2232304 TO: TRI HUU TRINH 732 BELLE VISTA DRIVE ENOLA, PA 17025-1302 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 FN 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 31:>. 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 FHAACT/dtmdo~s/ALSV/ F ?196 9DD8 9111 5038 bb?3 TO: TRI HW TRINH 732 BELLE VISTA DRIVE ENOLA,PA 17025 SENDER: FISSEL REFERENCE: 2232304 RETURN Postage ~ 4 5 RECEIPT ~ Fee 2 . 9 5 SERVICE Retum Receipt Fee 2 . 3 5 ResMcted Delius Total Postage 3 Fees 7 5 US PDSteI ServiCe® K OR D Receipt for = ~' 'Certified Mail'" ~2~~12 No klwrarlt~ Coverage Provided po Not Uae for Irnemauonal Mail - US P 5 U.S. POSTAL SERVICE CERTIFICATE OF IMRMIa ~ r Mw w rw er w~tlesrSe a NMY aE USED FOR DO~STIC AND aftERNlIflOfNL W1~. DOES NOT O~r,4iPR- Mw"'1 ~ PROVIDE F M15IlRANCE-P'OSi1WTER l , ~ rw R~cwv~0 Fonc ~ r i Pennsylvania Housing Finance ~ °I `o °' ~ f ~ ~ ~'~ P.A. Bux 15057 ~ r- c~ r e- n- O O tV r o Orr Prc~ of on~Y mtl Wtr~wM b. ~. TRI Hiltl TRI 732 BELLE NH ~" . VISTA DRIB o ENOI,A +- =' ~7 1 05 223230 PA 17025 °' N 3 QQ' ~,~ 4 FISSEL = o ~ ~ ~ o ~, m ti a ~~~ ~ J~ s bH - pt - T ~ _ `_ p vi ,~ 1 ' r, t- T ~ C :_` ~ ° ~ i PJ U , a ~ c ~ - r s v 00 P _ d~ - ni C ~ ~ ~ - ~. ~ ~ ~~ '~ a ~ ~ y {=> z z u, o ~Ua ~- w~r = i :. i ~"~• Nb^^h - ~_ - LL! ~. Z y, lJ1 I I ~ s ~ z -~ ~" X U M1 ~ ~ I .~ ~ ~O a ~ ~.~ ,i~--- ; I ~i ~ r o ~i a a h ,~••.. _.._ ~ .._ ~, ~ w d~~ ~ ~ ~ ~~~ ~ ~ 'i H N O ~t 1 ~ W w E a ~ AID! .~ _ .o ° w, ~I ~~ c o- ` * ~~a ~ ~a `0 lfl ~~ ~ ~1 M1 ~_~ r•- x ~ i~ ~ ~, ~ ~ boa ~~ ~~~ o ~at~ Department of Defense Manpower Data Center ~~ - ~~%~ status ~~part . ~.,. ~ . Pursuant to Scrvicem~mb~rs Civil RetiefA~t Last Name: TRINH First Name: TRI Middle Name: HUU Active Duty Status As Of: Sep-18-2012 Results as of :Sep-16-2012 07:24:52 SCRA 2.3 On Acdve Duty On Active Duty Status Date Active Dury Stag Date Active Dury End Date Status Service Component NA NA No NA This response reflects Me Intlivltluals' active duty status based on the Acdve Dury Status Date Left Active Duty Within 367 Days of Active Dury Status Date Active Dury Stan Date Active Dury End Date Status Service Component NA NA No NA This response reflecLS where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HlsMer Unlt Was Notifled of a Future Gall•Up to Active Dury on Acdve Dury Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA Nc NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. r~ r~ ,rte,-,a~,.- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 ~\ _/ r I ~ / / ~ r ~ r ( r U.S. BANK NATIONAL ASSOCIATION, AS 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. PENNSYLVANIA HOUSING FINANCE AGENCY, Attorney-in-Fact for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Dated ~/~~~~~ [ ,~~~,, sy Anthon .Jul an, irector of Accounting & Loan Servicing for the Pennsylvania Housing Finance Agency, Attorney-in-Fact for U.S. Bank National Association, as Trustee for the Pennsylvania Housing Finance Agency TRINH 2232304 . ~y.. cf? U. S . BANK NATIONAL ASSOCIATION AS ~ IN THE COURT OF COMMON PLEAS OF ~;7~' -- TRUSTEE FOR THE PENNSYLVANIA HOUSING ~ CUMBERLAND COUNTY, PENNSYLVANIA '~r.~ ~_ ~~ "'' ~ FINANCE AGENCY Plaintiff(s) ~~" ~~' `~ ' ~~.: _ ~ '`~= ~.: ~ ~t . vs. ~-°° ~ .. ~~ `. TRI HUU TRINH ` ~` ~y` ~ Defendant(s) - 't Civil NOT/CE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a COnClllatlon COnferenCe. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. It you and your legal representative complete a financial worksheet in the format attached hereto, the legal representatuve will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 9/25/12 Date Leon P. g:aller / Ji'11 M.vWineka Attorney for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 15704 / 58802 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: • ~ Borrower name (s): Property Address: City: Is the property for sale? Realtor Name: Yes ^ No ^ Listing date: State: Zip: _ Price: $ Realtor Phone: Borrower Occupied: Yes ^ No ^ Mailing Address (if different) City: State: Phone Numbers: Home: Office: Cell: Other: Zip: Email: # of people in household: How long? ~ :•--• Mailing Address: City: Phone Numbers: Home: Cell: Email: State: Office: Other: Zip: # of people in household: How long? ~• ~ First Mortgage Lender: Type of loan: Loan Number: Date You Closed Your Loan: _ Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: _ Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: $ Other: $ Value: $ _ $ _ $ _ $ _ Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Other transportation.(automobiles, boats, motorcvclesl Year: Amount owed: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Value: Monthly Gross Monthly Net Monthly Gross Monthly Net Monthly Gross Monthly Net Monthly Amount: _ Monthly Amount: Co-Borrower Pay Days: Monthiv Expenses: (Please onlv_include expenses you are currently oavinel EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food _ 2° Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Value: Model: Value: Year: Year: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): _ _ Phone: Servicing Company (Name): Contact: Phone: • I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income ~ Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) ~ Copy of 2 years of federal income tax returns ~ Copy of deed U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGEN~laintiff(s} , vs. TRI HUU TRINH Defendant(s) , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REQUEST FOR CONCILIATION CONFERENCE Civil Pursuant to the Administrative Order dated February 28 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the 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 statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheri R Anderson P.lr UHF p ~T~~F~Cy Jody S Smith ~°' °`~~ ~ .~ lfl)2 ~~r ~~ Chief Deputy ~'UM8 Py ~ 4 4 Richard w stewart pFNNSY~~ C4UN~'Y Solicitor AN~q US Bank National Association vs. Tri Huu Trinh Case Number 2012-6043 SHERIFF'S RETURN OF SERVICE 10!15/2012 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 732 Belle Vista Drive, Enola Pennsylvania 17025, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Occupant. Request for service at 732 Belle Vista Drive, Enola, Pennsylvania 17025 is vacant. 10/15/2012 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: Tri Huu Trinh, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Tri Huu Trinh. Request for service at 732 Belle Vista Drive, Enola, Pennsylvania 17025 is vacant. Deputies were advised by the Defendant's Step Father of 12 Oakwood Circle, Camp Hill, Pennsylvania 17011 that Tri Huu Trinh has returned to Vietnam. SHERIFF COST. $84 00 October 15, 2012 SO ANSWERS, -? RON R ANDERSON. SHERIFF