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Home My WebLink About12-6460Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCI' Plaintiff vs. CARLOS M. VAZQUEZ AND ZULMA VAI,QUEZ-ASTACIO Defendants is ~ ~~~d ~~~~~7-~-,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COON"T'Y. PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE. FORECLOSURE, THIS FIRM IS A DEBT COLLECTOR AND WF, 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 E-{AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHF,RE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 3? SOUTH BEDFORD STREET CARLISLE, PA 17013 7 17-249-3 166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADA5, ES ABSOLUTAMENTE NECESSARIO QUE LISTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SF,R SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRIT.A, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS Ql1EJAS EN ESTA DEMANDA. RECUERDE: SI LISTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL UEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE LISTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAN[E AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA UE ABOGADOS). (? I S) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY 13AR ASSOCIATION 32 SOUTH BEDFORD S'T'REE"1' ~~03.'J5 ~~0 !9 Y`J``/ CARLISLE, PA 17013 C~ ~8~~~~q 717-249-3166 ~~ a8aoa9 U.S. BANK NATIONAL ASSOCIATION, AS TRt1STEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PF_.NNSYLVANIA Plaintiff ~'S. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE CARLOS M. VAZQUEZ AND ZULMA VAZQUEZ-ASTACIO, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any %nformation 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 FTNANCF_, AGENCY, Plaintiff s. CARLOS M. VAZQUEZ AND ZULMA VAZQiJF.Z-ASTACIO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGA.GF_, FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 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 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. Defendants. CARLOS M. VAZQUEZ and ZULMA VAZQUEZ-ASTACIO, are adult individuals whose last known address is 246 H STREET, CARLISLE, PA 17013. 3. On or about, September 25, 2009, the said Defendants executed. and delivered a Mortgage Note in the sum of $159,065.00 payable to FIRST NATIONAL BANK OF CHESTER COUNTY thru Am Home Bank division, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on September 25, 2009 as Instrument Number 200933215 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 25, 2009 as Instrument Number 200933217. 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''. "I'he said Mortgage and Assignment are incorporated herein by reference. _5. The land subject to the Mortgage is: 246 H STREET, CARLISLE, PA 17013 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment. due on December O1, 2011 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNP.AI~~ PRINCIPAL BALANCE $154,361.01 Interest at $23.05 per day From l 1 /0 l /2011 To 11 /01 /2012 ( based on contract rate of 5.3750%) Accumulated Late Charges Late Charges $35.63 From 12/01 /2011 to 11 /01 /201 ~: Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $8,413.25 $91.89 $391.93 $3,435.43 $7,718.05 $174,411.56 **Together with interest at the per diem rate noted above after November 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. Notice of intention to foreclose and t~ accelerate the loan balance was sent to the Defendants by letters dated February 23, 2012 as required by Pennsylvania Act No. 6 of 1974, as amended. 4 copy of the February 23., 2012 Act 6 Notices is attached hereto and marked Exhibit "D". 9. The Defendants are riot members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Service Members Civil Relief Act, as amended. Copies of the website reports from the Department of Defense Manpower Data Center, confirming non-active military duty are attached as Exhibit "E". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "1N REM" for the aforementioned total amount due together with interest at the rate of 5.3750% ($23,05 per diem), together with other charges and costs including escrow advances inciderr~tal thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. ~~,,~ By: _______ __ __ PURCELL,KRUC & HALLER Leon P. Haller, Esquire LD. # 15700 .Till M. Wineka LD. #58802 Attorneys for Plaintiff 1719 N. Front Street darrisburg, PA 17102 (717-234-4178) Loan ID # 0000734020 Multistate NOTE FHA Lase N0. -- ---- 441-9360273 ~ rf -~ September 25th, 2005 Carlisle, PA ~Daie1 l~~~ryl [State] 246 H Street, Carlisle, Pennsylvania 1701:1 [Property Address[ 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Pirst National Bank of Chester Country thru Am Home Bank division and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay [he principal strm of One Hundred Fifty Nine Thousand Sixty Five and no/100_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dollars (U.S. $ 159, 065 . oo )plus interest, to the order of i;xnder. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five and three eighths p<:rcent ( 5.375 %) 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 November 1st, 2009 Any principa] and interest remaining on the first day of October, 2039 will be due on drat date., which is called the "Maturity Date." (B) Place Payment shall be made a[ 3840 Hempland Road, Nountville, PA 17554 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. $890.72 This amount will be part of a larger monthly payment required by the Security ]nstrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower togedrer with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a pan of this Note. [Check applicable box] ^ Graduated Payment Allonge ^ Other [specify] ^ Growing Equity Allonge 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Kote, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note by the end of Fifteen calendar days afrer the payment is due, Lender may collect a late charge in the amount of Four percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, rec[trire immediate payment in full of dre principal balance Inidals• ~ !/ 2 1//~ F7iA Mdtistate Rate Note - 12,'95 A A LTi, /~ n~ne~vv, ({//17t ~~\ l 1 1 ~ t t \~~t-`x~~U~~ Loan ID # 0000734020 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, "Secrtary" means the Secretary of Housing and Urban Development or his ar 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. WATVE;RS 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. GPJING OF NOTICES Unless applicable taw requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borzower's different address. Any notice that trust be given to Lender under this No[e will be given by first class mail to Lender at the address stated in Paragraph 4(Bl 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 if fiilly and personally obligated to keep all of the promises trade 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 tht: amounts owed under this Note. BY SIGNING BELOW, Borzower accepts and agrees to the te/r~~ms and covenants contained in this Note. ~~ l/ G2 v25 ~/ (Seal) ~fhON~ ~~ Carlos M Vazque ~ ~ ~ air M -Borrower Q--wrv`~ `k~~~eir ~1(~/a~ (Seal) ~~ Zulma Vazquez-Aatac o -Borrower FM d ~~~M~ ~ ~» ~ p~~ (Seal) -Borrower m Donn L. Martin, V.P. {Seal) -Borrower -Borrower Borrower [Sign Original On1yJ FHA Multistate Rate Nute - [2.95 AAFN2G • 03U52009 Page 2 of 2 wutiv.ProCinse.com Prepared by U.S. Bank National Association c/o PHFA-Legal Division l 1 North Front Street, P.O. Box 8029 1larrisburg, Pennsylvania 17105-8029 x'17-780-3845 or 1-800-346-:'597 ext. 3845 Return to: same as above Property Parcel Number: 06191643417 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 Fennsylvania 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): CARLOS M. VAZQUEZ ZULMA VAZQUEZ-ASTACIO Secured by the real property located at: 246 H STREET, CARLISLE, PA ]7013-1396 Municipality. CARLISLE County Recorded in: CUMBERLANL'~ Original Mortgagee: GRAYSTONE TOW>=;R BANK Original Principal Amount: $159,065.00 Mortgage recorded: SEPTEMBER 25, 2009, Mortgage Instrument# 200933215; Last Assignrnent to PHFA, recorded on SEPTEMBER 25, 2009, in the aforesaid Office of Recorder of Deeds Assignment lnstrument# 200933217. IN WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. Dated: SEPTEMBER 14, 2012 PENNSYLVANIA HOUSING FINANCE AGENCY ~ ~ ~~~~, Anthony J. J ian, I)frecto ,/Accy(t~nting & Loan Servicing COMMONWEALTH OF PENNSYLVANIA ~-~ tJ ~/ COUNTY OF DAUPHIN On th~~ day of ~-;~012, before me, the undersigned, personally appeared Anthony J. Julian, Director, Accounting & Loan Servicing, authorized officer of Pennsylvania Housing Finance Agency, and acknowledged that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained. In witness whereof, I have hereunto set my hand and official seal. 1 i. ,. __ ~ n } ~. Notary Public CERTIFICATE OF RESIDENCE OF ASSIGNEE The below officer certifies that the principal business and mailing address for this assignment an'~assignee50ss"Trora of ion U.S. Bank National Association., c/o PHFA, 211 North Front S et, H isburg, P 17 O1 ~ i~ Autho 'zed Off er Kimbar!ey A. Ayala, Notary Public City o. t-3~rrisburg, Dauphin County h1y Commission Expires )an. 15, 2015 ~~ ~~ ~ ~~ ~. ~ ~-~ ALL THAT CERTAIN tract of land situate in the Borough of Carlisle, Cumberland County, Pennsyl-vania, being described as Lot No. 9 on the Final Subdivision Plan for Duffield, prepared by Stephen G. Fisher, P.L.S., dated March 6, 1998, and last revised December 21, 1998, recorded in Cumber-land County Plan Book 78, Fage 66, and more fully bounded and described as follows, to wit: BEGINNING at an iron pin set in the southern dedicated right-of--way line of H Street at the dividing line between Lots Nos. 9 and 10 of said Plan; thence along said dividing line, South 06 degrees 22 minutes 00 seconds West, a distance of 158.00 feet to a point; thence along the dividing line between Lots Nos. 9 and 21 of said Plan, North 83 degrees 38 minutes 00 seconds West, a distance of 31.00 feet to a point at the dividing line between Lots Nos. 8 and 9 of said Plan; thence along said dividing line, North 06 degrees 22 minutes 00 seconds East, a distance of 158.00 feet to a point along the southern dedicated right-of-way line of H Street; thence along said dedicated right-of--way line, South 83 degrees 38 minutes 00 seconds East, a distance of 31.00 feet to a point along the dividing line between Lots Nos. 9 and 10 of said Plan, the place of BEGINNING. CONTAINING 4,898.00 square feet, and being known and numbered as 246 H Street, Carlisle, Pennsylvania. ~;~ ~ ~ ~t Pe~~l<nsylvania ~Iousin Finance A enc ----~----- r~-y Accounti._ & Loan Servicin - --a---- -.. 211 North Front Street, P. O. Box 15057 Harrisbur;. PA 1710-5057 ('800) 346-_597 1'A_a'(717) 780-3899 ]'T?' /71 i) 78~-1869 CERTIFIED MAIL -RETURN RECEIPT REQUESTED 2/23/2012 FiE: Account No. 2010122 CARLOS M. VAZQUEZ ZULMA VAZQUEZ-ASTACIO 246 H STREET CARLISLE, PA 17013-1396 RE: 246 H STREET CARI_.ISLE, PA 17013-1396 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE -fhe MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter We, Us or Ours) on your property located at 246 H STREET, CARLISLE, PA 17013-1396, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,224.00 for 12/2011 through 2/2012 for a total of $3,672.00. Late charges and NSF charges that have accrued to this date in the amounts of $198.78 and $.00 respectively, are also due. .The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $3,890.78. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $3,890.78, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash in our office, cashier's check, certified check. or money order and made at: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exercise our right to accelerate the mortgage payments. ~i"his 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 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 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. ~'"-` ~ _~ i FHAP.CT.!dtmdocs/ALSV/ ,.. We may also sue you personally for the unpaid principal balance and alt other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriffas foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments and any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the_mortgage. It is estimated that the earliest date that srach 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 tc you before the sale. Ot course, the amount needed to cure the default wilt 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 t_ENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR RT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO IJETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGf-IT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. I~ u cure the default, the mortgage will be restored to the same position as it 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 FH AACT'dtmdocs/ALSVI Pennsylvania Housin Finance A enc _~________ g Y Account~_ & ]Loan Servicin -- ---~- 211 North Fr°ont Streer, P. 0. Box I SOi7 Har~~is1 ur°~, PA 17105-507 (800) 346-3597 I~AX (717) 780-3899 7~T5' /717) 780-1869 NOTICE 2/23/2012 CARLOS M. VAZQUEZ ZULMA VAZQUEZ-ASTACIO 246 H STREET CARLISLE., PA 17013-1396 RE: Account #2010122 TO: CARLOS M. VAZQUEZ ZULMA VAZQUEZ-ASTACIO 246 H STREET CARLISLE, PA 17013-1396 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 569-4287 far financially distressed mortgagors fo housing counseling agencies. Attachment: Housing Counseling List can call HUD's toll free number (800) r information concerning HUD-approved FHAACTidtmdocslALSV/ *** 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 1 7401-11 06 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./dtmdocs/ALSVI 7196 9008 9111 4386 5800 TO: ZULMA VAZQUEZ-ASTACIO 246 H STREET CARLISLE,PA 17013 SENDER: BASSETT REFERENCE: 2010122 R~URN RECEIPT r~oste • CertMed Fee 2~- - SERVICE Retta'n Receipt Fee ~ Restrkxed Delius ~ Total Postage 8 Fees ~ • 7 5 lJ8 ~~ SBIVIt~ POSTMARK OR DATE: Receipt for - ~ ;~ ~; ~ , ~ :- Certified Maii'" NO UllllrarlCi COwrag~ PrWldid DO Not Usa for Ir-tamaUonel May m~ v r m N m ~ ~ Z `' Q ~ ^~ ^^ -, ~ ~ _ '~ u, ~; 1 ~ ~ ~ .., i 6 ~ ~ ~J~ /~ S N ~~ yd ` 1""~ cs d 0 ~ ~ 0 ~ ~ ~ .a i ~ ~~ m ~ aaa~ I ~ ~ . 0 ~ ~ o m ~ Q' ~ a z .~ ' ~ ~ P ~ m ~. v r" i~ CV O U [-i M ~ CI1 ~ ~ o _ ~ ~ ~ W ~ aWa s ~ ~ a xa ~ lD N N U Pl iT ~ E E W N N O r-I 0 N ~I'~ m'~, ~'~ U N ~i E ~I o N ~; ag ~ E ~ o ~ LL 0. 0 3 w ', ~ I ~ 7 c N 0 i I v 3 N n m 7 C 3 N O f~ O N N N tl] l~ H t. N (7 ~ m ~ ~ ~ ~ m ~ ~ Hx0 a ~' ° -o ~` ~ ~ m_~ m ~ L~ ~~ ~ o ~~~' ~ m H N N b ° 3 o ~ t a N N w ~1 ~o N of m ~ ~~ ~ c .~ o- B v ~~ ~ m O O o- .~ ~ ~ ~ ~ ~ ~ ~ E r ~ w ~ o- v- .~ ^ J ~ ~~ _n r p x n ~' `\ ~~ m~ ~ ~ 1 '~ mm g II~- \ m ~ ~~ v m Vl ,~ a v ~ ~ z <\ w ~ ~ m ~`r ~ t ~~ r/. , N ~,~„~;~ ,~~ t v ' ~ ~m ~ t ", IJ~ ~ ,' -~~~ C I II ~ ? C 7196. 9008 9111 4386 5794 z'! TO: CARLOS M VAZQUEZ ~i 246 H STREET ~: CARLISLE,PA 170 ~i N ~ d C L au $ASSETT SENDER: 2010122 o REFERENCE: E J (0 Z >' v. ~ a`' PS Form 3800 Januar 12005 "_ __~---~ c ~ RETURN Poa - ---~-~ "" RECEIPT D~y~ Fee SERVICE Return Receipt Fee ~' 3 v a m Rgd peive N ++ . LL a ,i Total postage & Fees • m US POS18l SeNicea POSTMARK OR DATE o, Receipt for " ~ Certified Mail'" uM. i No Insuranoa Cotiera~ ~~~ Do Not Use for Internatlonel Mai f' f d t Department of Defense Manpower Data Center Statt~~ lt~port ,~- - Pursuant to ~ervicernembers Cvii Relicf met Last Name: VAZQUEZ First Name: CARLOS Middle Name: M Active Duty Status As Of; Oct-02-2012 !aesWLS as of ;Oct-02-2012 05:11'.12 SCRA 2.3 On Active Dury On Active Dury Status Date __ Active Duty Stan Date Active Dury End Date Status Service Component _ NA ^- NA No ___-.-_ NA This response reflects the Individuals' active duty status based on the Actve Duty Status Date ___ Left Actlve Dury Within 367 Days of Active Dury Status Date Active Dury Stan Date Actlve Dury End Date Status Service Component -_ NA _ NA _ No NA This response reflects where [he individual left active tlury status within 367 days preceding the Active Duty Status Date The Member or HisMer Unit Was Notified of a Future Calt-Up to Actlve Duty on Active Dury Status Date Order Notification Stad Date Order Notfication End Date Status Service Component _._ NA NA No 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, NOAH, 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,,.~,-.~~. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive. Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center ~tiltll.~ ~T~pt~T't _. ~ pursuant to S~rvicemembers Curl Rc~i>:;f ~c~ Last Name: VAZQUEZ-ASTACIO First Name: ZULMA Middle Name: Active Duty Status As Of: Oct-02-2012 =',-~~ults as of :Oct-02-2012 05.11:38 SCRA 2.3 ____ On Acfive Dury On Actlve Dury Status Date ~ _ _^ Active Duty Start gate Active Dury End Date Status __ Service Component - -._ NA .-_ NA No ___--~ NA This response reflects ttie Individuals' active duty status based on the Actlve Dury Status Date ___ Left Acfive Dury Within 367 Days of Active Duty Status Date - Active Dury Stan Date Actlve Duty End Date Status Service Component __NA ___ NA No T _--_ NA _~ This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HisMer Unlt Was Notified of a Future Call-Up to Active Dury on Active Dury Status Date Order Notllicatlon Start Date Order Notlfication End Date Sta[us Sevire Component __--.__ No ~-._____. NA NA 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 or. 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. ~~ -~.-. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR. THE PENNSYLVANIA I-IOi1SING 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. 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 FINANCI; AGENCY, Attorney-in-Fact for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCI;. AGENCY Dated /'~~°/~/,~~~ _ ay -- '~"~ Thomas F. Brzana, 7r., Director of Loan Servicing for the Pennsylvania Housing Finance Agency, Attorney-in- Fact for U.S. Bank National Association, as Trustee for the Pennsylvania Housing Finance Agencti~ VAZQUE7 2010122 U.S. BANK NATIONAL ASSOCIATION A~~ TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff(s) --, __ -_ ~- IN THE COURT OF COMMON PLEAS OF '-'LL' ~.. _ _. CUMBERLAND COUNTY, PENNSYLVANIA ~ y vs. - CARLOS M. VAZQUEZ AND ZULMA VAZQUE7.-ASTACIO q Defendant(s) ~pc - ~y y~QQ Civil rf L-l~( NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERS/ON 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 COI1CIIlatlon conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid Penn Legal Services at (717)243-9400 extension 2510 or (80C) 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. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative 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 su ted• 10/12/1:% -- ~~ __ Date Leon gall / Jill M. Wineka Attorney for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 157()a / 58802 U . S . BANK NATIONAL ASSOCIATION ~S IN THE COURT OF COMMON PLEAS OF TRUSTEE FOR THE ~NNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY plaintiff(s) vs. CARLOS M. VAZQUEZ. AND ZULMA VAZQUEZ-ASTACIO Defendant(s) REQUEST FOR CONCILIATION CONFERENCE Clvil 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 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: State: Zip: __________ Is the property for sale? Yes ^ No ^ Listing date: Price: $ ___________ Realtor Name: Realtor Phone: Borrower Occupied: Yes ^ No ^ ________ _ Mailing Address (if different) City: State: Zip:-_ ___ ___ Phone Numbers: Home: Office: ---- CeII: Other: ------- E m a i l: ---------- # of people in household: How long? . : • - • ~ Mailing Address: City: State: Zip: _-____ _ Phone Numbers: Home: Office: ___ Cell: ___ __ Other: - Email: -~ ------ # 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: Dotal 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: Value: Home: $ Other Real Estate: $ $ - Retirement Funds: $ $ - Investments: $ $ - Checking; $ S - Savings; $ $ - Other: $ - Automobile #1: Model: Amount owed: _ Value: Automobile #2: Model: Amount owed: _ Value: Other transportation (automobiles boats motorcvclesl Model: Year: __-_ Amount owed: Value: Monthly Income Name of Employers: 1' --- _ Monthly Gross ~' --- _ Monthly Gross '3' - - _ Monthly Gross Additional Income Description (not wages): ~" --------- - Monthly Amount: `' -- - Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Exoenses• (Please only include expenses EXPENSE - AMOUNT Mortgage - Z° M-- rtga __--- Car Payment(s) - Auto Insurance - Auto fuel/repairs - Install. Loan Payment - Child Support/Alim. - Day/Child Care/Tuit. - Year: Year: Monthly Net _____ Monthly Net _________ Monthly Net ou are currently pavinel _ EXPENSE AMOUNT Food - UtIIILl25 Condo/Neigh. Fees Med. (not covered) Other Prop. Payment Cable TV Spending Money - 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): Fax: Email: 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 V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill ~ 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 V Copy of deed SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,. ,..~ ~~''`° C!MBEi~L~~~~ ~:Ot~~IT`Y 242 OCT ~ I Ph1 3~ i US Bank Natioral Association Case Number vs. 2012-6460 Zulma Vazquez-Astacio (et al.j SHERIFF'S RETURN OF SERVICE 10/17/2012 08:50 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 17, 2012 at 2050 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Zulrna Vasquez-Astacio, by making known unto Carlos Vazquez, Husband of Zulma Vazquez-Astacio at 246 H Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ~) ~-~-~' -F'=~ _ RONALD HOOVER, DE TY 10/17/2012 08:50 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 17, 2012 at 2050 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residentia{ Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Carlos M. Vasquez, by making known unto himself personally, at 246 H Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ~1 /' .L~'":m~~-+'"~~ _ mil RONALD HOOVER, DEPUTY 10/22!'Z012 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 246 H Street, Carlisle, Pennsylvania 17013, 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. Deputies were advised, the only residents of 246 H Street, Carlisle, Pennsylvania 17013 are Carlos M. Vazquez and Zulma Vazquez-Astacio, Husband and Wife. SHERIFF COST. $71 C+0 SO ANSWERS, October 22 2012 RON R ANDERSON,. SHERIFF