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HomeMy WebLinkAbout12-6667POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215-942-2090 G~ THE p~pTHfl?~t,T:;;~t~~: 1Q12 OCT 29 AM I~: 06 ~UMBfRl.At~p COUNTY PENNSYLVANIA Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION 4801 FREDERICA STREET OWENSBORO, KY 42301 PLAINTIFF vs. DAMN DEBOUCHEL 4 INDEPENDENCE DRTVE MOUNT HOLLY SPRINGS, PA 17065-1035 DEFENDANT No COURT OF COMMON PLEAS CNIL DMSION CUMBERLAND COUNTY /~ - ~~~ C~ ~ ~ ~~~ 7 COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 a court 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 conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at 717 2439400 extension 2510 or 800 8225288 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 that 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 prepazed 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 YOLIR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. ~~ Date Respectfully submitted, (.1Gregory Javardian, Esquire Id. No. 55669 ^ Mary .Kennedy, Esquire Id. No. 77149 Me an K. Boyle, Esquire Id. No. 201661 -~ an P. Mays, Esquire Id. No. 307518 ichard J. Nalbandian, Esquire Id. No.312653 Attorneys for Plaintiff 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 CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Davin DeBouchel Property Address: 4 Independence Drive, City: Mount Holly Springs State: PA Zip: 17065-1035 Is the property for sale? Yes ^ No ^ Listing date: Realtor Name Realtor Phone Borrower Occupied? Yes ^ No ^ Mailing Address (if different) City State: Phone Numbers: Home: Cell: Other: Email: Number of people in household CO-BORROWER Mailing Address: City: State Phone Numbers: Office: Cell: Email: Number of people in household FINANCIAL INFORMATION First Mortgage Lender: Zip: Office: How long: Zip: Home: Other: How long: Price: $ Type of Loan: Loan Number Second Mortgage Lender: _ Type of Loan Loan Number Included Taxes Insurance:$ Primary Reason for default: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment:_ 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 $ $ Savings $ $ Other $ $ Automobile # 1: Model Year: Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $ MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description (not wages): ~ , monthly amount $ 2. monthly amount $ Borrower Pay Days: Co-Borrower Pay Days. MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd 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/Alimony $ Spending Money $ Day/Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income 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 Yes ^ No ^ If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name) Contact: AUTHORIZATION 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 Co-Borrower Signature Phone Date Date Please forward this document along with the following information to lender and Powers, Kirn, &Javardian LLC, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T-EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Powers, Kirn, Javardian LLC 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (tel) 215-942-9690 (fax) 215-942-9695 (tel) 215-942-9690 ext. 1313 POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215-942-2090 FlLED-QFF~GE Clr ~-~~ ~ROrHOr~o~~K~ za~z ocr 29 an ~= a~ CIJMBERl.ANa COUNTY PENNSYl.VANiA Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION 4801 FREDERICA STREET OWENSBORO, KY 42301 PLAINTIFF VS. DAMN DEBOUCHEL 4 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1035 DEFENDANT No. NOTICE COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY 7 4_ ' l COMPLAINT IN MORTGAGE FORECLOSURE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 S cam' S3~Y ,,~1 a8zw~3 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECENED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECENED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS, KIRK & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215-942-2090 Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CNIL DNISION PLAINTIFF CUMBERLAND COUNTY VS. No. DAMN DEBOUCHEL 4 INDEPENDENCE DRNE COMPLAINT IN MOUNT HOLLY SPRINGS, PA 17065-1035 MORTGAGE FORECLOSURE DEFENDANT CNIL ACTION MORTGAGE FORECLOSURE 1. U.S. Bank National Association (hereinafter referred to as "Plaintiffl') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Davin DeBouchel, (hereinafter referred to as Defendant) is an adult individual residing at the address indicated in the caption hereof. Plaintiff brings this action to foreclose on the mortgage between Davin DeBouchel and itself as Mortgagee by Assignment. The Mortgage dated February 25, 2005, was recorded on February 28, 2005 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book: 1898 Page: 1465. Plaintiff is the Mortgagee by Assignment by virtue of the following Assignment: Mortgage Electronic Registration Systems, Inc., As Nominee For Superior Home Mortgage Corporation assigned its note and mortgage to U.S. Bank National Association recorded on May 3, 2012 Instrument Number 201213081. A copy of the Mortgage and Assignment of Mortgage are attached and made a part hereof as Exhibits 'A' and 'B', respectively. 4. The Mortgage secures the indebtedness of a Note executed by Davin DeBouchel on February 25, 2005 in the original principal amount of $150,636.00 payable to Plaintiff in monthly installments with an interest rate of 4.750%. A copy of the Note is attached and made a part hereof as Exhibit 'C'. ' S. The land subject to the mortgage is 4 Independence Drive, Mount Holly Springs, PA 17065- 1035. A copy of the Legal Description is attached as part of the Mortgage as Exhibit'A' and incorporated herein. 6. Davin DeBouchel is the Record Owner of the mortgaged property located at 4 Independence Drive, Mount Holly Springs, PA 17065-1035. 7. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $131,390.93 Interest to 10/1/2012 $3,449.04 Accumulated Late Charges $226.68 Hazard Insurance $579.95 Property Inspections $2,112.09 Taxes $2,866.73 MIP/PMI $485.40 Cost of Suit and Title Search $550.00 Attorney's Fees $1,300.00 Last Positive Balance ($44.65) TOTAL $142,916.17 plus interest from 10/2/2012 at $8.10 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff s sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403. 10. The Notice of Intention to Foreclose was required, and Plaintiff sent the Notice pursuant to 41 P.S. Section 403 to the Defendant by regular and certified mail on November 7, 2011. A copy of the Notice is attached and made a part hereof as Exhibit `D'. WHEREFORE, Plaintiff requests the Court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff s favor and against the Defendant, in the sum of $142,916.17 together with the interest from 10/2/2012 at $8.10 per day, costs of suit and attorney's fees. POWERS, KIRK & JAVARDIAN, LLC ,~~~, ^ Gregory Javardian, Esquire Id. No. 55669 ^ Mary F. Kennedy, Esquire Id. No. 77149 ^ Me K. Boyle, Esquire Id. No. 201661 ^ an P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff EXHIBIT `A' ~ `u .~~'' ~'. ~o~~ i ~ ;. 6cRT o, LIE~;L~R -, ~. (:~~ ...........:. ~c.,;; ~ .. , . 2005 FE8 28 A~? 9 I3 When Recorded Mail To: SUPERIOR HCB+R: MORTGAGE CORPORATION ~. 245 H&LLEVtJE AVENUE HAM!4fl21TON, NJ 08037 ATTN: Prepared By: BETTY JACKSON SUPERIOR HQrR I~ADRTGA~GE CORPORATION 245 BI£LLEVUE AVENUE HAM~lONTON, NJ 08037 [Space Above This Line For Record' Data 1°I~otrc MORTGAGE case ~: ~~~a-~o3 - ~: iooosesoso2oa91119 PIIf: 23352316212 This Mortgage ("Security Iasttument") is given on FEBRUARY 25, 2005 .The Mortgagor is D1lVIN DEBOUCHEL, I~Il4RRIED ("$orrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("HERS") (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as beneficiary. MFRS is organized and existing undue the laws of Delaware, and has an address and telephone number of Post Office Box 2026, F[int, Michigan 48501-2026, telephone (888179-HERS. SUPERIOR HOI~ MORTG?~GE CORPORATION ("Lender"). is organized and existing under the laws of NJ and has an address of 245 BELLEWL AVENUE HAt~+IONTON, NJ 08037 Borrower owes Lender the principal sum of ONE HUNDRED FIFTY THOUSAND SIX HUNDRED THIRTY-SIX AND 00/100 FBA PENNSYLVANIA MORTGAGE nociwrx o•/oe~zooe Page 1 of9 BKI$98~Gi4~5 ~+ Dollars (U.S. $ 150, 636.00 ). This debt is evidenced Borrower's note dated the same date as this Security Instrument ("Note"}, which provides for monthly payments, with the full debt, if not paid earlier, due and payable on t+l#RCH 1, 2035 This Security Instrument .secures to Leader. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b} the payment of all other sums, with interest, advanced under paragraph 7 to protect the security. of this Security hrstrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in CtArIDERLAND County, Pennsylvania: I.Erar. DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. ~= ;;, which has the address of 4 IND$PENDENCE DRIVE MOUNT HOLLY SPRINGS [Street] [City] Pennsylvania 17065 ("Property Address"); [Zip Code] TOGETHER WITH the improvements now or hereafter erected on tbe property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or aU of those interests, including, but not limited bo, the right to foreclose and sell the Property; and to take arty action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrmces of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform wvenants with limited variations by jurisdiction to constitute a unifrnm security instrument covering real property. UNIFORM COVENANTS. Borrower and Leader covenam agree as follows: 1. Payment of Prlneipal, Interest asd Late Charge. Borrower shall pay when due the principal of, and 'interest on, the debt evidenced by the Note and late charges due ands the Note. 2. Monthly Payment of Tares, Insaranee, and Otber Charges. Borrower shall include in each monthly payment, together with the principal sad interest as set forth in the Note and any late charges, a sum for (a) taxes sad spxial assessme~a levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development {"Secretary"), or in any year in which such premium would have been required if Leader still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by die Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." FHA PENNSYLVANIA MORTGAGE noocw u rrx o3/I'-/~ooe ~ 2 of 9 BI(1898PGf466 Lender ' ~y, at any time, collect and hold amounts for Escrow I~ aggreBate amount not to exceed the ma '~um amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedtttns Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they maybe amended from time to time ("RESPA"), except that the cushion ar reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amaurts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The. Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrowers account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly. refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. AppUwtion oiPayments. All payments under Paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazardmsttrence premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fitch, to late charges due under the Note. 4. lie, Flood and Other Hazntrd Insarance. Borrower shall insure all improvements on the Property, whether ~fow in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for'which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried wide companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall be include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company cancemed is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower end to Lender jointly. All or any part of the insurancx proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to'tbe principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property drat extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sb~ty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Proy) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the a of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unlest{ extenuating circwnstances exist which are beyond $orrower's control. Borrower shall notify Lender of sty extenuating circumstances. Borrower shall not commit waste or destroy, damage or FHA PENNSYLVANIA MORTGAGE u~ocvwa3 vzx oan'r/sea Page 3 of 9 81t1898~'G~467 substantially change the Property or allow the Property to deteriorate, r~1o wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the lose application process, gave materially false or inaccurate information or statements to Lender (or failed m provide Lender with any material information) in connection with the loan evidenced by the Note, inchrding, but neat limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the ase. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lei;Ber agrees to the meager in writing. 6. ~oademnation. The proceeds of any award or claim for damages, direct or consequential, in connection with airy condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepaymetrt of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthty payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess procceds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. CLarges to Borrower and Protection o[ Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not inchrded in Paragraph 2. Borrower shall pay those obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Leaders interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned ffi Para~sph 2. Any amounts sed by Lender under this Paragraph shall become an additional debt of Boaower and be secured by this Secity Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the opt~n of Lender shall be immediately due and payable. Borrower shad promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordiuiating the lien to this Security Instrument. If Lender determines that arty part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or morn of die actions set forth above within 10 days of the giving of notice. $. Fees. Lender may collect fees and charges autborized by the Secretary. 9. Grounds for Accekration of Debt. (a) DefauB. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of alI sums secured by this Security Instrument ii (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on die due date of the next monthly payment, or {ii) Borrower defauhs by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b} Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 34:1 (d) of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701 j-3(d)) and FHA PENNSYLVANIA. MORTGAGE i~' ~vra oa/i'-/zq'~l Page 4 of 9 ~' +;`w B~{1898!'G1468 with the prior approval of the Secretary, require immediate paymof all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transfernd (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Leader does rat require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defauhs, to require immediate payment in fiill and foreclose if not paid. This Security Instnunart does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determin~be eligrble for insurance under the National Housing Act within 60 days from the date hereof, L may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the ~ date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure w pay an amount due under the Note or this Security Instrument. This right applies; even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a hmip sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrumart, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceedmg. Upon reinstatement by Borrower, this Security InstnimeM and the obligations that is secures shall remain in effect as if Lender had not required immediate paymart in full. However, Lender is not required to permit reinstatemer if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance 1[3y Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Sceutity Instrumem granted by Leader to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refus6~.to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrum -by reason of any demand made by the original Borrower or Borrower's successors in interest. Any fo ~ ce by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any righ~ `or remedy. 12. Siiccesaors and Assigns Bound; Joint sod Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors aced assigns of Lender and Borrower, subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instniment but does not execute the Note: (a} is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security histrunient; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. FBA PENNSYLVANIA MORTGAGE o°OCxwpr-s vsx o3/i~/2oo~ Page S of9 SK l 898PG 1469 ffr: 13. l~otices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by-'mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrowtr designates by notice to Lender. Any notice to Lender shall be given by first class mail to Leader's address stated herein or any address Lender designates by notice to Borrower. Airy notice provided for in this Security Instrument shall be deemed to have bear given to Bonrnver or Lender when given es provided in this paragraph. 14. Governing Law; Severabi(lity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Insrumart or the Note which can be givar effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrumart. lti. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Envu'onmartal Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residartial uses and to maintenance of the Property. Borrower shall-promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Envimnmartal Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental = regulatory authority, that any removal or od~er remediation of any Hazardous Substances affecting the is necessary, Borrower shall promptly take atl necessary remedial actions in accordance with Envimnm `Law. As used in this~:patagraph 16, "Hazardous Substances" are those substances deemed as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in the paragraph lb, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to heahh, safety or environmental protection. NON-TJNffOltlvi COVENANTS. Borrower and Leader further covenant atd agt~ee as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to'. Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender. gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security hzstrumart; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Leader's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignmart of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Under or a judicially appointed receiver may do so at any time there is a broach. y application of rents shall not cure or waive any default or invalidate any other right a remedy of Larder. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument,is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may initiate foreclose by judicial proceedings and/or invoke nay other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph FAA PErVNSYLVAtV[A MORTGAGE pp~~r,~ Page 6 of 9 DOCi1QPA6.Vt'X 03/17/200! 8K i 898PG i 470 BY SIGNIIJG BELOW, Borrower accepts and agrees to the terms contained in pages 1 thruu8h 5 of this Security Instrument and in any~ider(s) executed by Borrower and recorded with it. ~iharw- a-x5-05 anuACxauQ - ^AVIN DEHOUCHEL -DATE - 4`, ~? ~,~. FHA PENNSYLVANL4 MORTGAGE ~,u Page 8 of 9 oocarpAa.vsx o3/i~/zoa 9K1896PG~472 4) [Space Beiow This Line For Acknowledgment] Commonwealth of Pennsylvania, County of ~ On this, the 25 day of ~ie.Unrary, 2005 ,before me, the undersigned officer, personally appeazed Davin Deboud~el, known tome (or satisfactorily proven) to be the person(s) whose name ~ subscribed to the within instrument and acknowledged that ~ executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. '' x My Commission Expires: `;~ r~. ~x NOTARU1l, SEAI. --•-~ -- ~, ~ HENEE L M CarNas f3o% ~m~lY Public My c:altmiseion E>q><roa oec~is~~A CAgLIS'_F Title of Officer :. -: ~_ ~un~nr CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within-named lender is 245 i3ELLEVUE AVSNUB HAM+DNTON NJ 08037 Witness my hand this 25TH day of E'EHRUARY, 2485 r ~ r Agent f ender ac yn M. Shrith, i~q. FHA PENNSYLVANIA MORTGAGE ow9 vrx oa/1~/sooe Pagc 9 of 9 BK1898PG1473 Exhibit A ALL THAT CERTAIN tract of land situated in the Borough of Monat Ilolty Springs, Cumberland Coanty, Peansylvania, toget4er with the improvements erected thereon, more particularly bouaded and described is accordaace with Plan prepared by Walter N. Heine Associates, Inc., dated December 8,1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNII~IG at a point in western dedicated right of way line of Independence Drive at corner of Lot No. 23; thence along Lot No. 23, South seventy (70) degrees twenty-seven (27) minutes ten_ (10) seconds West, one hundred and zero one-hundredths (100.00) feet to a common point at Lots 23, 18, 19 and 22; thence along Lot No. 19, North nineteen (19) degrees thirty-two (32) minutes twenty-nine (29) seconds West, eighty-eight and six one- hundredths (88.06) feet to a concrete atonnment; thence along Lot No. 21, North Bfty-sin (56) degrees eighteen (18) minutes seventeen (17) seconds East, ninety-four and three one- hundredtha (94.03) feet to western dedicated right of way line of Independence Drive; thence along western right of way line of Indepeadeace Drive by a curve to the right having a radius of three hundred sizty and thirty one-hundredths (360.30) feet and an arc distance of seventy-six and forty-three ons-hundredths (76.43) feet to a point; thence still along Independence Drive, South nineteen (19) degrees thirty-two (32) minutes twenty-nine (29) seconds E ast, t hirty-two a nd z ero o ne-hundredths (32.00) feet t o a p oint, t he Place o f BEGINNING. Designated hs Lot No. 22 on Plan of Liberty Woods, and being known and numbered as 4 Independence Drive, Mount Holly Springs, PA 17065. UNDER AND SUBJECT to all restrictions sa of prior record. y ~K 189~PG i 474 '.f, FHA MULTISTATE ADJUSTABLE RATE RIDER FHA Case No. t~1-763178-703 - ns;H00C 0 8505020091119 THIS ADJUSTABLE RATE RIDER is made this 25TH day of rr'&SRUARY, 2005 , and is incorporated into and shall be deemed to amend and seippleme~ the Mortgage, Iked of Trust or Secwity Deed ("Security Instrument") of the same date given by the undersigned ("Borrower's to secure Bon-ower's Note ("Note") to SUPERIOR HOt!~ MORTGAGE CORPORATIfll~I (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 4 INDEPEND$NCB DRIVE, MOUNT HOLLY SPRINGS, PA 1?065 ~fi ~ [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIIVIITS THE AMOUNT THE BORROWERS INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MU5T PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security lnstruQnent, Borrower and Leader feather covenant and agree as follows: 5. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Rate The interest rate may change on the first day of JULY, 2006 ,and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B) T'he tndez Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the wcelcty average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Cenreat Index" means the most recent Index figure available 30 days ~,~~ Pege 1 of 3 FBA Muitlstate ARM Ride 03A4 nocw~~.vsx a/iz/zoos gK1S~98PGi475 before the Change Date. If the Index (as defined above) is no lomger available, Lender~as a aew Index any index prescribed by the Secretary. As used in this Rider, "Secretary means the Secretary of Housing and Urban Development or his or her designee:' Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of ~ percentage point(s) ( 2.000 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph (D) of this Rider, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The existing interest rate will never increase or decrease by more than p~ percentage point(s) ( 1.000 %) on any single Change Date. The interest rate will never be more than g~ percentage points ( 5.000 %) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the new interest rate through substantially equal paymeats. In making such calculation, Lender will use the unpaid principal balance which would be awed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the now monthly payment of principal and interest. (1~ Notice of changes Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be gi~ten at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice; (ii) the Change Date, (iii} the old interest rate, (iv) the new interest Hite, (v) the new monthly payment amount, (vi} the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Effective ]Date of Changes A new interest rate calculated in accordance with Paragraphs (C) and (D) of this Rider will become effective on the Change Date. Borrower shall make a payment in the new monthly amount begmning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph (F} of this Rider. Borrower shall have no obligation to pay any increase in the monthly payment amoum calculated in accordance with Paragraph (E) of this Rider for any payment date occurring less them 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph (E) of this Rider decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has~the option to either {i) demand the return to Borrower of any excess payment, with interest thereon at the Note`rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii} ~- ~,~ Page 2 of 3 FHA Multismu ARM Rider 03N4 DOCIANt{'iT.VSX 04/07/2004 BK1898P~1476 excess ent, with interest thereon at the Note rate, be apph-~ payment of principal. request tbat any paym Lender's obligatiop to retwn any excess payment with interest on demand is not assignable even if the Note is otherwise assigne~lbefore the demand for return is made. BY SIGI~TING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adiustable hate Rider. t~ d±. .: ~ Certify this to be recorded In Cumberland County PA ~~~~ .i Recorder of Deeds ~; ~~~ Page 3 of 3 FHA Multistate ARM Rider 03A1 DOQa11~.V'Af 04/07/2004 ~k1898~G1~77 f EXHIBIT `B' ...~,.. ,. ~..~«.,..,.~ - ~oyo -. ..~ ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201213081 Recorded On 5/3/2012 At 11:06:44 AM * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number - 107488 User ID - KW * Mortgagor - DEBOUCHEL, DAVID * Mortgagee - U S BANK N A * Customer - SIMPLIFILE LC E-RECORDING * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. i" ~- RECORDER OF DEEDS * - Informatbn denoted by an asterisk may change during the verification process and may not be reflected on this page. 12-0283 Prepared By: Powers, Kirn & Javardian, LLC 1310 Industrial Blvd., Ste. 101 Southampton, PA 18966 Return to: Powers, Kirn & Javardian, LLC 1310 Industrial Blvd., Ste. 101 Southampton; PA 18966 CPN (UPI)# 23-35-2316-112 CERTIFIED PROPERTY IDENTIFICATION NUMBERS 23-35-2316-112 - MT HOLLY SPRING CCGIS REGISTRY 05/03/2012 BY_CM ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, the undersigned: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR SUPERIOR HOME MORTGAGE CORPORATION (Assignor) hereby sells, transfers, assigns, conveys and sets over to: U.S. BANK NATIONAL ASSOCIATION (Assignee), its successors, representatives and assigns, all its rights, title and interest in that certain Mortgage executed by David DeBouchel dated February 25, 2005 and recorded February 28, 2005 in Book # 1898, Page 1465 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. Properly: 4 Independence Drive, Mount Holly Springs, PA 17065-1035 Mortgage Amount: $150,636.00 Original Lender: Mortgage Electronic Registration Systems, Inc., As Nominee For Superior Home Mortgage Corporation ~°' TOGETHER WITH THE REAL PROPERTY therein described and the indebtedness thereby secured, having this date sold to therein named assignee. Ezhibit A ALL THAT CERTAIN tract of land situated in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, together with the Improvements erected thereon, more particularly bounded and described in accordance with Plaa prepared by Wetter N. Heine Associates, Inc., dated December 8,1989, and recorded in Plaa Book 64, Page 90, as follows: BEGINNING at a point in western dedicated right of way Gne of Independence Drive at corner of Lot No. 23; thence along Lot No. 23, South seventy (70) degrees twenty-seven (27) nsinutes ten. (10) seconds 'West,. one hundred =and zero one-hundredths (100.00) feet to a common point at Lots 23, 18, 14 and 22; thence along Lot No. 19, North nineteen (19) degrees thirty-two (32) minutes twenty-nine '(29) seconds West, eighty-eight and six one- hnndredths (88.06) feet to a concrete monument; thence along Lot No. 21, North fii~ty-sin (56) degrees eighteen (18) minutes seventeen (17) seconds East, ninety-four and three one- hnndredths (94.03) feet to western dedicated right of way line of Independence Drive; thence along western right of way line of Independence Drive by a curve to the right having a radius of three hundred sixty and thirty ono-hundredth (360.30) feet and an arc distance of seventy-iii and forty three 'one-hundredths (76.43) feet to a point; thence still along Independence Drive, South nineteen (19) degrees thirty-two (32) minutes twenty-nine (29) seconds E ast, t hirty-two a nd z ero o ne-hundredths { 32.00) feet t o a p oint, t he Place o f BEGINNING. Designated hs Lot No. 22 on Plan' of Liberty Woods, and being known and numbered as 4 Independence Drive, Mount Holly Springs, PA 17065. UNDER AND SUBJECT to all restrictions as of prior record. .S . ~d .,., ~ r;nnor_ t (~7t~ File No. 12-0283 TO EXERCISE the said rights, powers and privileges set forth therein in as full as a manner as the undersigned is authorized to exercise the same. I'i 1 WITNESS WHEREOF, the undersigned has caused this instrument to be signed in its behalf by its duly authorized officers and caused its Corporate seal to be affixed this 1 `o day of Oc• , 20~-• MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NONIINEE FOR SUPERIOR HOME MORTGAGE CORPORATION ~ - ~~~~ Name: Paula Laslie Title: Assistant Secretary State of Kentuc County of Davies On ~A~ ~~ ' Q ~ ~Q ~ ~ before me,~~ r ~ e Q Personally peazed Paula Laslie Assistant Secretary who proved to me on the basis of isf tory evidence to be the erson whose name( e subscribed to the with' tru ent and acknowledged to me that l~/~ ~y executed the same in t~/tt~ it authorized ' d that / it si on the instrument the person~~1, or the entity upon behalf o which the person capacity(~s), an by ~~> 1~~~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Kentuc that the foregoing paragraph is true and correct WITNESS my hand and official seal, Signature Seal) My Co issioft Expires: ~ -3 ~-'~ ~ v~T~ o, oRFlda~aFal I hereby certify that the address of a assignee is: 4801 Frederica Str t Owe boro K 42 1 ~ l ~` '~: JENNIFER CRABTREE NDTARY PUBLIC • 10?NTUCKY ° SrATEA1'4ARGE My Gorton, Expires Jan. 31,2018 ID f 45~iTT 12-0283 Prepared By: Powers, Kirn & Javardian, LLC 1310 Industrial Blvd., Ste. 101 Southampton, PA 18966 7Ms doainrnt ins brn rsmn~ded slscbrs~M• Return to: Piers ses iM N~sd Qop~r ~° ~"' ~ f~ovMli Powers, Kirn & Javardian, L 1C ~$ MsO ~ ~ ~ ~ a, 1310 Industrial Blvd., Ste. 10 3it16t11~d by"i BautNempba~t ~ Southampton, PA 18966 CPN (UPI)# 23-35-2316-112 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, the receipt grid sufficiency of which is hereby acknowledged, the undersigned: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR SUPERIOR ROME MORTGAGE CORPORATION (Assignor) hereby sells, transfers, assigns, conveys and sets over to: U.S. BANK NATIONAL ASSOCIATION (Assignee), its successors, representativesand assigns, all its rights, title and interest in that certain Mortgage executed by David DeBouchel dated February 25, 2005 and recorded February 28, 2005 in Book #1898, Page-1465 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. Property: 4 Independence Drive, Mount Holly Springs, PA 17065-1035 Mortgage Amount: $150,636.00 Original Lender: Mortgage Electronic Registration Systems, Inc., As Nominee For Superior Home Mortgage Corporation TOGETHER WITH THE REAL PROPERTY therein described and the indebtedness thereby secured, having this date sold to therein named assignee. Ezhibit A ALL THAT CERTAIN tract of land sitaated in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, together with the improvements erected thereon, more particularly bounded and described in accordance with Plan prepared by Walter N. Heine Associates, Inc., dated December 8,1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNl1vG at a point in western dedicated right of way Gne of Independence Drive at corner of Lot No. 23; thence along Lot No. 23, South seventy (70) degrees twenty-seven (27) minutes ten. (10) seconds West, one hundred •and zero one-hundredths (100.00) feet to a common point at Lots 23, 18, 19 and 22; thence along Lot No. 19, North nineteen (19) degrees thirty-two (32) minutes twenty-nine (29) seconds West, eighty-eight and six one- hnndredths (88.06) feet to a concrete monument; thence along Lot No. 21, NorW fifty-six (S6) degrees eighteen (18) minutes seventeen {17) seconds East, ninety-four and three one- hundredths (94.03) feet to western dedicated right of way line of Independence Drive; thence along western right of way line of Independence Drive by a curve to the right having a radius of three hundred sixty and thirty one-hundredths (360.30) feet and an arc distance of seventy~siz and forty-three one-hundredths (76.43) feet to a point; t6encx still along Independence Drive, South nineteen (19) degrees thirty-two (32) minotes twenty-nine (29) seconds E ast, t 6irty-two a nd z ern o ne-hundredths (32.00) feet t o a p oint, t he Place o f BEGINNIl~G. Designated as Lot No. 22 on Plan of Liberty Woods, and being known snd numbered as 4 Independence Drive, Mount Holly Springs, PA 17065. UNDER AND SUBJECT to all restrictions as of prior record. s ii~ ~K ~ 8ga~c i ~~~ EXHIBIT `C' ~.~ _ . , ',' ~ AIDJUSTABLJC RATE NOTE )~HA Case No. ,` •;• ~' :~~ :. `~ -. 441-7634178-703 - • ,~~~020091119 E'EBRUARY 25y~2005 .: ~ CARLISLE PENNSYLVANIA . [Date): , : ;.. ~ jCity] [State) ~4'~ INDEBEPIDENCE DRTVB,.` MOUNT HOLLY SPRINGS, PA 17065 - jProperty Address] ~:~..~.`:• PARTIES .:_ ...: . "$orrower'!• means- each person: signing at the end of this Nate, and the person's successors and assigns. "Lender" means: • ~.SUPBRIOIt~ FiOML` L$bRTGAGia CORPURATION aria its successors aria assigns:. • • ~ ~ . ~. 2: ~ 'BORROWER'S PRO1VIISE TO PAY; INTEREST • .In return .for a.•;loan~ received from Lender, Borrower promises to pay the principal sum of O1+TE HUNDRED;; FIFTY•~THOU6ANn..SIX HUNDRED THIRTY-SIX AND 00/100 Dollars. (U.S. $ . ~.5p; 636.0.0 • .:=: ` :~ ), plus interest, to the order of Lender. Interest wilt be charged an unpaid principal, from the date pf disbuisement.of tbe.loan pioceeds by Lender, at Grate of .SOUR AND ~FtEE-FOt3RTH8 .:percent (-•-..;4.750::.~.:..::. %) per year until the fuB amount of principal has been paid. The interest rate may change in accordance, with Paragraph 5(C): of this Note. 3. _:. ~ PROMISE~TQPAY.SECURED . ~. Borrower's promise to~ pay is secured by a mortgage, deed of trust ar similar security instrument that is dated the same date as this N,ott;and~c$lled the."Security Instrument." That Security Instrument protects the Lender from losses which might .result if Borrower defaults under this Note. 4:. ~ ~ MA.NNER,ORPAYMENT: '..:. (A} ~ ~.:' Time ~: '. • : . . •:. Borrower shall make : a• payment of principal and interest to Lender on the first day of each month beginning on APRIL 1;' •.200$: ~ • ~ :.Any principal and interest remaining ou the first day of MARCH Z , 2035 , • ~vvlll be due: on. that. date;' which is called the maturity date. .±. ,t... • :. :Payment shall be made at .245. BELLEV[TF AVENUE, HA1~tONTOAT, ATJ 08037 or at such oilier place. as Lender may designate in writing by notice to Borrower. (C) ` : `:, Amount .; . Initially; each monthly payment of principal and interest will be is the amount of U.S. $ ~ 785.79 This amount will. be part of a larger, monthly payment required by the Security Instrumart that shall be appfied to principal, interest and other items in the order .described in the Security Instrument. This amount may change in accordance with - . Paragraph S(E) of this Note. _:: 5:: INTEREST RATE AND.MONTffiY PAYMENT CHANGES (A) :..: Change Date : ~..: The interest rate may .change on the first day of .7ULY, 2008 ~ ,and on that day of each succeeding year.."Change Late"means each date on which the interest rate could change. (B) ~ The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekty average • . yield oa United; States. Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board' ."Current Index.".• means the most recent Index figure available 30 days before the Change Date. If the Index • {as defined above) is nq longerr available, Lender will use as a new Index any index prescribed by:the Secretary (as defined in Paragraph 7(B)) Lender will give' Borrower notice of the new Index. mc~.~vrx oa/sz/zcua Page I of4 Multistate FHA AdjusMble Rate Note U3/04 y _~ ~ , ~ ~J ~ ~~ , f ~`(C} Calculation of Interest Rafe Changes Before `. each Change _ Date, Lender will calculate a new interest rate by adding a margin of x'WO .. percentage point(s) ( 2.000 %) to the Current Index and rounding fire sum to the nearest one-eighth of one percentage point (0.125%}. Subject to the limits stated in Paragraph S(D),of this Note; this rounded amount will be the new interest rate until the next Change Date. (D}` ::..,Limits on Interest.Rate Changes The existing interest rate wi71 never increase ar decrease by more than oNE percentage points} (,:1: 000 : ~ .. ~. %) on any single Change Date. The interest rate will never be more than FIV~~ ~ ~. percentage points ( 5.000 %) higher or lower than the initial, interest cafe meted in Paragraph 2 of this Note. (E} '` Calcnlatioti of Payment Change If the interest rate changes oft a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to. repay the unpaid principal balance in full at the Maturity Date at the new interest rate ,through substantially equal payments. In malting such calculation, l.,ender will use the unpaid principal balance which would be awed on the. Change Date if thane. had been no defanlt in payment on the Note, reduced by the amount of any prepayments .to principal, The: result of this.calcuIatian will be the amount of the new monthly payment of principal and interest. ': E~.:. (F} ~~ Notice of Cha~hgea Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at:least25. days before the. new monthly payment amount is due, and must set forth (i} the data of the notice, (ii) the Change Date, (iii}.the .old interest~rate,.(iy) the new interest rate, (v} ~e now montlily payment amourrt, {vi) the G~ureut Index and the date it .was, published,' (vii).:the method of calculating the change in monthly payment amount, and (viii) airy other information which maybe required by law from time to time. (G) ~ Effective Date of Changes A new ,interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning en rho firs! payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F} of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this Nate for any payment date occurring less than 25 days after Lender has given the required notice. ff the monthly payment amount calculated in accordance with Paragraph 5(E) of this Noto decreased, but London failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely noticPw than: Borrowerhas the option to either (i) demand ~e retum to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii) request that zany excess paynneat, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return ,may excess paytneat with interest an demand is not assignable even if this Note is otherwise assigned before the demand for . return is made:: ~' . .. ~. 6. 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 an the amount prepaid for. the remainder of,the manih to. the extent required by Lender and permitted by regulations of the Secretary. If Borrower~makesa partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless . Lender agrees in writing: io ,hose changes. 7. `.~ BORROWER'S FAILURE~TO PAY (A} ~ Late Charge for.Overde~e Payments if Lender has: not received.the full mon~ly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note;. by the. end of fiiteea calendar days after the payment is due, Lender may collect;, late charge in the amounE 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 payments, then lender may, except as limited by regulations of the Secretary in the case of paymcirt defaults, require immediate:payment in full of the principal balance remaining due and all. acerued~ intcrest:~ Leader may choose not to exercise this option without waiving its rights in the event of any subsequent default.. 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. nocuavez Page 2 of 4 Multistate FHA Adiustsbte Rate Noce Q31Q4 aoa~rnxca.vxx os/i«zooa a _ ... ', (C) ~ ::Payment of Costs and Expenses If.Lendtr. has required immediate payment in full, as described above, Lender may require:Borrower to pay costs and expenses including reasonable and customary attorney's fees far enforcing this Note to the extent not prohibited by applicable .. law.. Such fees Arid costs shall .bear interest from the date of disbursement at the same rate as the principal of this Mote. 8. WAIVERS • , Borrower. and any other person who has obligations under this Note waive the rights of'presentment and notice of dishonor. "Presentment". means t6e.right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to xequire Lender to give notice to other persons that amounts due have not been paid. 9. • . .. GI'VIIYG OF NOTICES : ~ . . • Unless applicable Iaw. required a different method, any notice that must be given to Borrower under this Note will be iven•by deliyet~ng it or by mailing it by first class mail to Borrower at the property address above or at a different address if ~orrower has given Lender a notice o~Borrower's different address. . ~ ; ~ ~ Any. notice tha#; musf: be given: to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraplt.4(B} or at a different address if Borrower is given a notice of that different address. .~ .. ~. :.` PAY TQ THE ~ u S B~~y~N.P a ._ : ,-. . WITHOUT RE .: O RECOUR8E - - --°-~ . ..•~~ .. ti .~ . ~a~~coR!=o~r~anl • 5UPE R NOME MORTGAGE COAPO~A'17fi~i .. ~ hosre,~os~ ~~ott ,i. . i~3v~c oa/o~/aoo~ Pave3of4 MuttistateFHAAdjustableRateNoh U3/04 FHA MUL'I'kSTATE AUJIJSTABLE RATE RIDER FHA Case Na. 441-7634178-7D3 - ~; 056505020091119 THIS ADJUSTABLE RATE RIDER is made this 25TH day of FEBRUARY, 2005 , and is inc¢rporated into: and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("S~cwity Instrum_art") :of.•tho same date given by the undersi~-ed ("Borrower") to secure Borrower's Note ("Note") to~ SU1?ERIOR• HOME MORTGAGE CORI~ORATIODT (the "Lender") of the same daft and covering the property described in the Security Instivment and located at: 9 INDli:PTrND$NCE' DRIVE , MOUNT HOLLY SPRINGS , PA 170 6b [Property Address) THE NOTE . CONTAINS PROVISIONS ALLOWIIVG FOR CHANGES l"N THE INTEREST RATE ~ AND THE MONTHLY PAYMENT. THE NOTE LIMITS T)FIE AMOUNT TIC: BORROWERS INTEREST RATE CAN' CHANGE AT ANY ONE TIME ANIj~TIiE MAXIlVI[TNI RATE TF~ BORROWER MUST PAY. ADDTTIONAi: COVENANTS. In addition to tbt covenants and agreements made in the Security Inshument; Borrower and.Lender further covenant and agree as foIlows: 5. }NTEREST RATE.AND MONTHLY PAYMENT CHAIrtGIS (A) Change Rate T'he interest rate may change on the fast day of ONLY, 200 B ,and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B} The Indes Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve $oard. "Current Index" means the most recent Index figure available 30 days Docv~xG1 Page 1 of3 1:lIA il4ultistate ARM Rider 43/44 nocmu+ci.vrx oa/12/2ooa before the Change Date. if the Index (as defined above) is no longer available, Lende wi use as a new Index any index prescribed by the. Secretary. As used in this Rider, "Secretary means the Secretary of Housing and Urban Developrment or his or her designee." Lender will give Borrower notice of the new Index. (C} Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of ~ percentage point(s) ( 2.000 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (6.125%}. Subject to the limits;. stated in Paragraph (D) of this Rider, this rounded amount will be the new interest rate until the next Change DDate. (D) Limits on Interest Rate Chances T12e existing interest_rate will never increase or decrease by more than ONE Percentage point(s) ( 1.000 %) on any single.Change Date. The interest rate will never be more than FIVE Percentage points ( 5.000 %) higher or dower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender w>7l Calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the nevv interest rate, through substantially equal paymarts. In making such calculation, Lender will use the unpaid principalbalance which would be owed on the Change Date ifthere had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new. monthly payment of principal and interest. (P? Notice of changes Lender will give notice to Borrower of any change in the intexest rate and monthly payment amount. 'The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i~} the date of the notice, (ii) the Change Date, (iii) the old interest rate, {iv) the new interest rate; (v) the new monthly payment amount, (vi} the Cuaent Index and the data it was published, (vii) the method of calculating the change in monthly payment amount,. and (viu~ any other information which maybe required by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs (C) and (D) of this Rider will become effective on the Change Date. Bon owes shall make a payment in the new montlily amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph (F) of this Rider. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph (E} of this Rider for any payment date occurring less than 25 days after: Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragrapli (E) of this Rider decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either {i) demand the return to Borrower of any excess payment, with interest thereon atthe Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii) nocuwxci _ Pagc 2 of3 FHA Mut6stste ARM Rider U3Ill4 DOf,RlARG2.Y17C 0!/07/2006 request that any. excess payment, with interest thereon at the Note rate, be applie as pa ent of principal. Lender's obligation to~ return: any excess payment with mterest on demand is not assin°nable even if the Dote is otherwise.assi~ed before the demand for return is made. BY SIGNING .BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adiustabie lZate.Rider.:~ nocu~3 Page 3 of 3 FHA Multistate ARM Rider 03/04 noccuaaa.vax oa/a~/2ooa EXHIBIT `D' embank. U.S. BANK HOME MORTGAGE 4801 Frederica Street Po Box 20005 Owensboro, KY 42301 Davin Debouchel 4 Independence Dr Mount Holly Springs PA 17065 NOTICE OF INT~~•~ The mortgage held~by U. S. Bank Home Mortgage, (hereinafter we, us or our) on your property located at: 4 Independence Dr, Mount Holly Springs PA 17065 is in serious d f ult b cause you have fail to m. payment(s) o£ $~~for the months of ~I^ the monthly payment (s ) of $ - -- for the months ~~,tC~K c,~}arges ( and other charges ) have also accrued ~IL~ The total amount now required to cure t: in other words, get caught up in your payments, as this letter is $ 2872.31. e the monthly ~ and f in the amount of zis default, or of the date of THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT $E CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You may dispute the validity of the debt or any portion thereof within thirty three {33) days of receipt of this letter. You may cure this default within thirty three (33) days of the date of this letter, by paying to us the. above amount of $ 2872,31, plus any additional payments and late charges which may fall due during this period. Such payment must be made in the form of certified check, cashier's check or money order, and made payable to: U. S. Bank Home Mortgage 4801 Frederica Street Owensboro KY 42301 If you do not cure this default within thirty three (33) days, we in- tend to exercise our right to acelerate the mortgage payments. This means 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 payments. Tf full payment of the amount of default is not made within thirty three (33) days, we also intend to start a lawsuit to foreclose on your mortgaged property. If the mortgage is fo: by the Sheriff to pay before we begin legal to pay the reasonable usbank.oom reclosed, your mortgaged property will be sold off the mortgage debt. If you cure the default proceedings against you, you will still have attorney's fees actually incurred up to $50.00. a Mrroer FDIC Cw.n November 07, 2011 embank U.S. BANK HOME MORTGAGI 4801 Frederica Slreei Po Box 20005 Owensboro, KY 42301 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 fees will be added to whatever you awe us. If you cure this default within the thirty day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. we may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total due, as well as the reasonable attorney's fees and costs incurred in connection 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 six months from the date of this letter. A notice of the date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default, will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 365-7900. This payment must be in the form of certified check, cashier's check or money order and made payable to us at th:e address stated above, You should realize that a Sheriff's Sale will end your ownership of the mortgaged property . and your right to remian 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 the additional rights to help protect your interests in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEX FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure this 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 {3) times in any calendar year. Sincerely, Loan Administration Default Reporting Loan No. 6003191530 500-365-7900 usbank.~om I.J maro~ ~c ~ TAT(oN ' ,.~ ~~ ; , ' ~ ' A. Retxived by (~~ PAM CIcaAY) ~ Dak d Delivery ~ ' ' : aed 3. ldsd mmpiele ~ a Campkie 1 ~ iiem 4 d Mei,e.,ed DdNery b deYred. I , s ' O ~ , a Prim your name and address on tle reverx , iD Ihti lVa neierorn the uNb you. , C. SipnaNre ^Apenl ' ' ' ' ~ ; , Altveh lhk and ro the heck d the maNpiece. Addressee X ; ria m u' x ` 1 ~ X1726768480000671 ' D. Is ddMry addnss ddfennl from Item 11 ^ Yea a YES, entr delivery address below ^ No ~ ' ~ ; i i ~' ; i Oav1n Debouchel ndence Or I d ' ~ 70 epe n 4 ! Mount Holly Springs PA 17065 ' , ' ~ i ~ p ~ 9. Server Type , , ~ CERTIFIED MAIL ' , , ' ,y N . ~ , ' ' d. Reatrkbd DeeverlR (Erma Fee) ' , ' ~ ' , ' ~ ~ ' YM ' .______--_.- ' ~ q ~ _, -~_-__.._ r , h r_-- 2. MtleNumWr(Copylranservicehbel) 7107 8381 6543 1516 6136 , , , Domestic Return Recel t ' , ~ ~ , , .__________________...-___r..-_.- ' f _.-_-_.__---~. REMIT PAYMENTS T0: BANK HOME MORTGAGE embank S 48~00~71 XC501 U e ~ . . 766 Davin Debouchel P.0. BOX 20005 Md~paar.drgyur KY 42304 OWENSBORO ~ , ;4 Independence Dr Mount Holly Springs PA 17065 Home Mortgage ~ OVERNIGHT PAYMENTS T0: U.S. BANK HOME MORTGAGE 4801 FREDERICA 6TF:EET ~ , i 4801 Frederica St. ONfETISBORO KY 4Zi01 I ;November OB, 2011 Owensboro. KY 42307 i , ' ~ . , ,DEAR MORTGAGOR(S)- ~ ~ ~ ' ~THLS LETTER WILL SERVE AS NOTICE ON YOUR BREACH OF YOUR ,MORTGAGE ENCUMBERING THE A80VE REFERENCED LOAN NUMBER. ;YOU ARE IN BREACH OF THE MORTGAGE FOR YOUR FAILURE TO PAY O ' THE MONTHLY INSTALLMENTS DUE TFEREUNO£R. IN ORDER T .CURE THIS BREACH OF THE MORTGAGE, YDU MUST SEND CERTIFIED iFUNDS IN THE AMOUNT ~ ! 2773.35 FOR PAYMENTS ANDS 73.96 ^-~_-_ _-^-----__-^ - -- -- ' - -i ^ i• {-0R- ti-1kFE' GHAR&ES r' isL1/S-AN1s' AflDbT~L8NA6-~~fME1•FT5- TifAT- MOrY~--'--" COME Dt1E WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS LETTER. i I IF YOU FAIL TO BRING THIS ACCOUNT CURRENT, THE FULL BALANCE ; i0F THE LOAN WILL 8E ACCELERATED. gi`g' ' ;YOU ARE HEREBY NOTIFIED THAT WE WILL BE MAKING PERIODIC i 'INSPECTIONS OF THE PROPERTY IN ACCORDANCE WITH THE TMENT . MORTGAGE OR DEED OF TRUST TO PROTECT OUR INVES OSURE AND PUBLIC SALE OF THE PROPERTY IN ACCORDANCE , iFORECL ;WITH THE APPLICABLE STATE LAWS WILL FOLLOW IF THIS ACCOUNT X25 NOT CURRENT WITHIN THIRTY (30) DAYS. YOU HAVE THE RIGHT 'TO REINSTATE THE MORTGAGE AFTER ACCELERATION PURSUANT TO THE TERMS OF THE MORTGAGE AND YOU HAVE THE RIGHT TO ASSERT IN ANY ; ------ FORECLOSURE ACTION THE NON-EXISTENCE OF A DEFAULT AHD ANY --T--- - - -- -- -------- --- ~ aildER.DEFENSE..XL1U _ MAIL _IiA1[E _7b.ACCEI.EBA7SON_ AND. FARECLOSUHE~ -------- - ------ - --- ~ +UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY (30) DAYS AFTER ~ RECEIVING THIS NOTICE THAT YOV DISPUTE THE VALIDITY OF THE ;DEBT OR ANY PORTION THEREOF. THIS OFFICE WILL ASSUME THIS pEBT IS VALID. WE URGE YOU TO PROTECT YOUR INVESTMENT BY r ~ ~PRONPTLY BRINGING YOUR ACCOUNT TO A CURRENT STATUS. PLEASE i00VERN YOURSELVES ACCORDINGLY. ~ ;SINCERELY, , . ;GARY CAMPBELL , 'VICE PRESIDENT COLLECTION DEPARTMENT ~ '800-385-7900 ;WE ARE ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL , CBE USED FOR THAT PURPOSE. , i i ' , , i ' i i i i '~ , r , i lEylOFJ) IMmbv FDIC , , , ' ' ' c2os63 INTERNET REPRINT osrlenolo REPRESENTATION OF P MENr 60b3 19 t 530 r UNITED ST, OSTAL SERVICE '~ ~ ~ qe b Fees Paid USPS ~ PermllNo.G-1D ~ i i r i r i r r i r r i i i i r i i r i i ~ r r r ~ i ~ r r ~ r r r ~ r----~------'~ i r r r i r ~ i i r r r e r r i r i r ~ r r i r r r r r ~ t r r j r r r ' ~ ~ i ~ r r r r r ~i~ i r i i r t i i i r r i r i ; r i r ~ i r i ~ i i s i i i ; i i ; ~ r i < ~ i r ~ i F ' i X ' i r ~ r i i i r ~ / .'~ r fl las TXH75?B1M~0~98 -------'-----------____'--'-„--r-°"- 1 , FIRST CLASS MAIL U.S. POSTAGE AND FEES PAID MAILED FROM i ZIP CODE 78165 PERMR NO 3908 ~ Z ' m rte--; 7107 8361 6543 1516 6136 ~ ~ RETURN RECEiPY REQUESTED °' s ~-- S ; ~ m A ~d ~ ! m~ ~~ n~ o d ~ ; ° rn 76s,e Doom xcsol o~ ' y r ~ Davtn Detwuchel ~ ~ ~ w ~ ~ 4 Independence Dr o ¢ ~ MOUht HOlly Springs PA 17085 ~ T ~~ ~ i ~~ p= ~ ~ ~ ~ ~ V ~ i o i 9 r r -Di J ' yQ ~ ~ O z r I 1 `~ _ ___ 1 ' REMOVE SIDE EDGES FIRST ' ~ ~ THEN FOLD ANO TEAR THIS STUB ALONG PERT F~pRiNT 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence to the extent permitted by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate paymem in full under Paragraph 9, the Secretary may invoke the nonjudicial power of salt provided in the Single Family Mortgage Foreclosure Act of 1994 {"Act"} (22 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated ender the Act to commence forecloseae and to sell the Praperty as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law 19. ~'elease. Upast payment of all sums secured by this Security htsttument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waiver. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in ~oceedings to enforce this Security Instrument, and hereby waives the benefit of a~ present or future laws providing for stay of execution, extension of time, exemption from attachment, levy of sale, and homestead exemption. 21. Reinstatement Period. $orrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to. the commencement of bidding at a Sheriffs sale or outer sale pursuant to this Security Instrument. 22. Pnrchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. [nter~est Rate Aflter Jadgment. Borrower agrees that the interest rate payable after a judgment is entered oa the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrnment. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riders}were in a part of this Security Instrument. REFERENCE IS HEREBY MADE TO THE RIDER(S) ATTACHED HERETO AND MADE A PART HEREOF FOR At~s PURPOSES: [Check box as applicable] ® Adjustable Rat~'~Rider ^ Condominium Rider ^ Second Home Rider ^ Balloon Rider ~ ~ ^ Planned Unit Development Rider ^ Biweekly Payment Rider ^ 1-4 Family Rider ®Other(s) [specify] LEGAL DESt~2IPTION FHA t!ENNSYLVAMA MORTGAGE 007~V1X D3/17/2 Page 7 of9 °~t: 9K 1898PG ~ ~7 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleadings are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Name: Erica Payne Title: Officer U.S. Bank National Association DeBouchel, Davin 12-0283 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~'L~:O-O~ F1~'r= i~i~ ~~~ ~f~~T~~~~~~~.~~" ~oiy~~~~ of ~"srit~brr{~~4 ~ ~ .~ 2~l2l~O~t -9 Aft 8~ 3~ >~ ~ .;~a:,, ~,~~, CUMBERl.AHD COUNTY ~;°eF ~ -~ ~~~~~~~ PENNSY~.VAN1A US Bank National Association Case Number vs. Davin Debouchel 2012-6667 SHERIFF'S RETURN OF SERVICE 11/01/2012 Deputy Robert Bitner, being duly sworn according to law, attempted service to the Defendant, to wit: Davin Debouchel at 4 Independence Drive, Mt. Holly Springs Borough, Mount Holly Springs, PA 17065. The address was found to be vacant. The Mt. Holly Springs Postmaster advised that the defendant is not known at that address. SHERIFF COST: $40.00 SO ANSWERS, November 07, 2012 RON RAND RSON, SHERIFF . ~cuntySuite Shr;rft, TeieCSOit, In^,. 235 SOUTH 13TH STREET B&RPHILADELPHIA,PA 19107 PHONE:(215)546-7400 FAX:(215)985-0169 8szvicer for U Inc. Professions Ise. National Association of Philadelphia Association Professional Process Servers of Professional Process Servers U.S. Bank National Association COURT Court of Common Pleas of Pennsylvania _Vs- COUNTY Cumberland County Davin DeBouchel CASE NUMBER 12-466676 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control# CS1 00436-1 COUNTY OF PHILADELPHIA: Reference Number 12-0283, SERVICE INFORMATION Vj On 25 day of February,2013 we received the Mortgage Foreclosure ComplaintlSee Below*** M- tcr :zm for service upqL Davin DeBogwal. at 387 Baughman Road Poplaryffie,MS 39A470 L Special Instructions C�� C:) NOTICE AND NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM )> 0 Served Date Time Accepted By: In the manner described below. Parson y s con.,c d. Adult family member. Relationship is Ej Adult in charge of residence who refused to give name and/or relationship. Manager/clerk of place of residence lodging Agent or person in charge of office or usual place of business F—] Other Description of Person Age Height _ Weight Race Sex Other Not Served Date Time I)L�ooc Not Served Information F--j Moved F-] Unknown No Answer Vacant Other &I" 2- A The Process Server,being duly sworn, Sworn to and subscribed before me this deposes and says that the facts set forth 0 herein are true and correct to e best of their day of M A knowledge,information and e ief. Process Server/Sheriff Notary Public 0 S1. 4•0-�. Law Firm Phone (215)942-N For 1:::�ServeBy Date 3/15/201=,-' -'0"PJID#58850 Heather Shaw SMITH Powers, Kim&Javardian, LLC Filed Date ROBIN P. 1310 Industrial Boulevard Reinstated 2/15/201:�.'0%Commission Explres.,A..: Suite 101 •.0** June 29,2016..-*'Z'* Southampton, PA 18966 ...... ORIGINAL #12-0283 POWERS, KIRN &JAVARDIAN, LLC r FILED-OFFICE By:Richard Nalbandian Or THE PROTHOtyl7 Attorney Id#312653 �� 1310 Industrial Boulevard 2013 HA Y —� �� �: 13 2nd Floor/Suite 202 CUMBERLAND �DU��Y Southampton, PA 18966 P���15 YLVq�dIA Telephone: 215-942-2090 Attorneys for Plaintiff U.S. Bank National Association COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY Davin DeBouchel Defendant(s) No. 12-6667 PRAECIPE TO REINSTATE COMPLAINT TO THE COURT: Kindly Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty(30)days. Richard Nalbandian Attorney Id#312653 POWERS, KIRN & JAVARDIAN, LLC Attorneys for Plaintiff Dated: May 2, 2013 ask � &R 235 SOUTH 13TH STREET PHILADELPHIA,PA 19107 PHONE:(215)546-7400 FAX:(215)985-0169 �Li! National Association ot Philadelphia Association Professional Process servers, of Professional Process servers U.S. Bank National Association COURT Court of Common Pleas of Pennsylvania -VS- COUNTY Cumberland County Davin Debouchel CASE NUMBER 12-6667 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control# CS1 02690-11 COUNTY OF PHILADELPHIA* Reference Number 12-0283 SERVICE INFORMATION On 14 day of May,2013 we received the Mortgage Foreclosure Complaint C--) for service upon Davin Debouchel -0 rnm j;j- at 215 Corinth Drive Bay Saint Louis,MS 39520-3018 C— Special Instructions -<> M CD. C:) F;C:) C51 l Served Date S"-?-2-/'3 Time &,!,IP-,2_ Accepted BY: =D Ak,-jtj 1),e-I3Quc NFL In the manner described below. Pe,rsonally served. E] Adult family member.Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business F-1 Other Description of Person Age3/--,-'/5' Height Weight �9,q Race V/-/e sex Other RfoLv V�Ai(L/ F--JNot Served Date Time Not Served Information F--j Moved F-] Unknown F-1 No Answer 7 Vacant E Other ♦-f The Process Server,being duty sworn, t.0........�Y%-*.Sworn to and subscribed before me this deposes and says that the facts set forth herein are true and correct to the best of their 10 No day of knowledge,information and belief. 54413 C omm Expires AUX., -�Process�Server henff --30vg N Nov. 197 201, otary Public Law Firm Phone (215)942-2090 Fo '*Date 6/6/2013 Christine Walton Powers, Kim&Javardian, LLC Date 5/6/2013 1310 Industrial Boulevard Suite 101 Southampton, PA 18966 ORIGINAL 134DB o POWERS,KIRN&JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 MARY F. KENNEDY,ESQUIRE Id.No. 77149 MEGHAN K.BOYLE,ESQUIRE Id.No. 201661 SEAN P.MAYS,ESQUIRE Id No. 307518 70 13 JUL 3! RICHARD J.NALBANDIAN III,ESQUIRE Id No. 3126531 � � 1310 INDUSTRIAL BOULEVARD cUt3i3EfdlP�D COUNTY 15T FLOOR, suITE 101 �'�N�dS Yi.VA�alA SOUTHAMPTON,PA 18966 (215)942-2090 U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CUMBERLAND COUNTY vs. No.: 12-6667 DAVIN DEBOUCHEL 215 CORINTH BAY SAINT LOUIS, MS 39520-3018 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DAVIN DEBOUCHEL , Defendant for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $142, 916 . 17 Interest 10/02/2012 to 07/26/2013 2405 . 70 TOTAL $145,321.87 t. I hereby certify that(1)the addresses of the Plaintiff and Defendant are as shown above, and (2)that notice has been given in accordance with Rule 237.1, copy attached. ❑Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑Meghan K. Boyle, Esquire Id.No. 201661 ❑SPR-P. Mays, Esquire Id.No. 307518 ®Richard J.Nalbandian, 111, Esquire Id. No. 312653 Attorneys for Plaintiff Damages are hereby assessed as indicated. DATE: 7 3/ PRO PROTHY awl slip. C,,µiy9,F 2�#a41771 nY+tiX'. Powers,Kim&Javardian,LLC Gregory Javardian,Esquire Id.No. 55669 Mary F. Kennedy, Esquire Id.No. 77149 Meghan K.Boyle,Esquire Id.No.201661 Sean P. Mays,Esquire Id.No. 307518 Richard J.Nalbandian, 111,Esquire Id.No. 312653 1310 Industrial Boulevard 2"d Floor, Suite 202 Southampton,Pa 18966 (215)942-2090 Attorneys for Plaintiff U.S.Bank National Association In the Court of Common Pleas Plaintiff VS. CUMBERLAND COUNTY No. 12-6667 Davin DeBouchel Defendant Davin DeBouchel Davin DeBouchel 4 Independence Drive 215 Corinth Bay Mount Holly Springs,PA 17065-1035 Saint Louis,MS 39520-3018 DATE OF NOTICE: June lj'j, 2013 NOTICE,RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless you act within ten(10)days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help. MidPenn Legal Services Cumberland County Bar Association 8 Irvine Row 32 S. Bedford Street Carlisle,PA 17013- Carlisle,PA 17013- Phone: 717-243-9400 Phone: 717-249-3166 Powers,Kim&Javardian,LLC By: ✓ ❑ Gregory Javardian,Esquire Id.No. 55669 ❑ Mary F.Kennedy,Esquire Id.No. 77149 ❑ MAhan K.Boyle,Esquire Id.No.201661 ❑ ,96an P.Mays,Esquire Id.No.307518 9Richard J.Nalbandian,III,Esquire Id.No.312653 Attorneys for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un tennino de diez(10)dias de esta notificacion,el tribunal podra,sin necesidad de compararecer usted en corte o escuchar prueba alguna,dictar sentencia en su contra,usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado,o si no tiene dinero suficiente pars tal servicio, vaya en persona o flame por telpfono a la oficina,cuya direccion se encuentra escrita abajo para averiguar.donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" POWERS, KIRN &JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id.No. 55669 MARY F. KENNEDY,ESQUIRE Id.No. 77149 MEGHAN K. BOYLE, ESQUIRE Id.No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 11T FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215)942-2090 U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY DAVIN DEBOUCHEL No.: 12-6667 VERIFICATION OF NON-MILITARY SERVICE The undersigned hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) Defendant, DAVIN DEBOUCHEL , is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, DAVIN DEBOUCHEL, is over 18 years of age, and resides at 215 CORINTH BAY, SAINT LOUIS, MS 39520-3018. (c) Plaintiff,U.S. BANK NATIONAL ASSOCIATION, is an institution conducting business under the Laws of the Commonwealth of Pennsylvania with an address of 4801 FREDERICA STREET, OWENSBORO,KY 42301. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: qholzl;�_ '1/ 0 ❑Gregory Javardian,Esquire Id.No. 55669 ❑Mary F. Kennedy,Esquire Id. No. 77149 ❑Megh -n-K. Boyle, Esquire Id.No. 201661 Z n P. Mays,Esquire Id.No. 307518 ard J. Nalbandian, IJI, Esquire Id.No. 312653 Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DAVIN DEBOUCHEL 215 CORINTH BAY SAINT LOUIS, MS 39520-3018 U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. No.: 12-6667 DAVIN DEBOUCHEL Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a s Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default1 r r _Money Judgment A, vAA _Judgment in Replevin Judgment for Possession by Default 11 3 _Judgment on Award of Arbitration _Judgment on Verdict _Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Powers, Kim&Javardian,LLC at this telephone number: (215) 942-2090. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CUMBERLAND COUNTY vs. DAVIN DEBOUCHEL 215 CORINTH BAY SAINT LOUIS, MS 39520-3018 No.: 12-6667 6%,Jt ��^-- PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 07/27/2013 to Date of Sale @ $23.89 per diem Subtotal (Costs to be added) $145,321.87 rn cnr- - < ▪ C") CD Owers, Kirn & ssociates, LLC El Jill Manuel -Coughlin, squire Id. No. 63252 ❑Jp lanta Pekalska, Esquire, Id. No. 307968 C�Harry B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff 1310 Industrial Boulevard 2nd Floor, Suite 201 Southampton, PA 18966 (215) 942-2090 t a' aso uc,L�00. au4 36cequi:, Goict- o6its ALL Th AT CERTAIN tract of land situated in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, together with the improvements erected thereon, more particularly bounded and described in accordance with Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point in western dedicated right of way line of Independence Drive at corner of Lot No. 23; thence along Lot No. 23, South seventy (70) degrees twenty-seven (27) minutes ten (10) seconds West, one hundred and zero one -hundredths (100.00) feet to a common point at Lots 23, 18, 19 and 22; thence along Lot No. 19, North nineteen (19) degrees thirty-two (32) minutes twenty-nine (29) seconds West, eighty-eight and six one - hundredths (88.06) feet to a concrete monument; thence along Lot No. 21, North fifty-six (56) degrees eighteen (18) minutes seventeen (17) seconds East, ninety-four and three one - hundredths (94.03) feet to western dedicated right of way line of Independence Drive; thence along western right of way line of Independence Drive by a curve to the right having a radius of three hundred sixty and thirty one -hundredths (360.30) feet and an arc distance of seventy-six and forty-three one -hundredths (76.43) feet to a point; thence still along Independence Drive, South nineteen (19) degrees thirty-two (32) minutes twenty-nine (29) seconds E a$t, t hirty-two a nd z ere o ne-hundredths ( 32.00) feet t o a p oint, t he Place o f BEGINNING. Designated as Lot No. 22 on Plan of Liberty Woods, and being known and numbered as 4 Independence Drive, Mount Holly Springs, PA 17065. BEING THE SAME PREMISES which Primacy Closing Corporation by Deed dated 02/08/2005 and recorded 02/28/2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 267, Page 3461, granted and conveyed unto DAVIN DEBOUCHEL . BEING KNOWN AS: 4 INDEPENDENCE DRIVE, MOUNT HOLLY SPRINGS, PA 17065- 1035 PARCEL #23-35-2316-112 U.S. BANK NATIONAL ASSOCIATION vs. DAVIN DEBOUCHEL COURT OF COMMON PLEAS 204 CUMBERLAND COUNTY , No. 12-6667 AFFIDAVIT PURSUANT TO RULE 3129.1 04, Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4 INDEPENDENCE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1035: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVIN DEBOUCHEL 215 CORINTH BAY SAINT LOUIS, MS 39520-3018 2. Name and address of Defendant(s) in the judgment: DAVIN DEBOUCHEL 215 CORINTH BAY SAINT LOUIS, MS 39520-3018 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Arrow Financial Services, LLC 120 N. Keyser Ave. Scranton, PA 18504 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 4 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1035 t I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. May 22, 2014 ❑Jill Manuel -Coughlin, Es uire Id. No. 63252 ❑anta Pekalska, Esquire, Id. No. 307968 arry B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff POWERS, KIRN & ASSOCIATES, LLC JtLJ—TA & .0 TFT ._(`CIT W11-IT_JT>L_FSLIT ITR_F id T•ln- _6225,__, JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202 SOUTHAMPTON, PA 18966 215-942-2090 U.S. BANK NATIONAL ASSOCIATION vs. DAVIN DEBOUCHEL Pip/ 4S YL,,O Coo, I/44'441V COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 12-6667 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVIN DEBOUCHEL 215 CORINTH BAY SAINT LOUIS, MS 39520-3018 Your house (real estate) at 4 INDEPENDENCE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1035, is scheduled to be sold at Sheriffs Sale on September 3, 2014 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $145,321.87, obtained by U.S. BANK NATIONAL ASSOCIATION, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff thefull amount due in the sale. To find out if this has happened, you may call Powers, Kirn & Associates, LLC at (215) 942-2090. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 _ALL TNATCERTAJN tract of land situated in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, together with the improvements erectea thereon, more particularly bounded and described in accordance with Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989, and recorded in Plan Book 64, Page 90, as follows: BEGINNING at a point in western dedicated right of way line of Independence Drive at corner of Lot No. 23; thence along Lot No. 23, South seventy (70) degrees twenty-seven (27) minutes ten (10) seconds West, one hundred and zero one -hundredths (100.00) feet to a common point at Lots 23, 18, 19 and 22; thence along Lot No. 19, North nineteen (19) degrees thirty-two (32) minutes twenty-nine (29) seconds West, eighty-eight and six one - hundredths (88.06) feet to a concrete monument; thence along Lot No. 21, North fifty-six (56) degrees eighteen (18) minutes seventeen (17) seconds East, ninety-four and three one - hundredths (94.03) feet to western dedicated right of way line of Independence Drive; thence along western right of way line of Independence Drive by a curve to the right having a radius of three hundred sixty and thirty one -hundredths (360.30) feet and an arc distance of seventy-six and forty-three one -hundredths (76.43) feet to a point; thence still along Independence Drive, South nineteen (19) degrees thirty-two (32) minutes twenty-nine (29) seconds E ast, t hirty-two a nd z ern o ne-hundredths ( 32.00) feet t o a p oint, t he Place o f BEGINNING. Designated as Lot No. 22 on Plan of Liberty Woods, and being known and numbered as 4 Independence Drive, Mount Holly Springs, PA 17065. BEING THE SAME PREMISES which Primacy Closing Corporation by Deed dated 02/08/2005 and recorded 02/28/2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 267, Page 3461, granted and conveyed unto DAVIN DEBOUCHEL . BEING KNOWN AS: 4 INDEPENDENCE DRIVE, MOUNT HOLLY SPRINGS, PA 17065- 1035 PARCEL #23-35-2316-112 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net U.S. BANK NATIONAL ASSOCIATION Vs. DAVIN DEBOUCHEL WRIT OF EXECUTION NO 12-6667 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $145,321.87 Interest Atty's Comm: Atty Paid: $212.25 Plaintiff Paid: Date: 5/27/14 (Seal) L.L.: $.50 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: HARRY B. REESE, ESQUIRE Address: POWERS, KIRN & ASSOCIATES, LLC 1310 INDUSTRIAL BLVD., 2"D FLOOR, SUITE 201 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 310501 U.S. BANK NATIONAL ASSOCIATION vs. DAVIN DEBOUCHEL COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 12-6667 AMENDEDAFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4 INDEPENDENCE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1035: 1. Name and address of Owner(s) or reputed Owner(s): Name DAVIN DEBOUCHEL Last Known Address (if address cannot be reasonably ascertained, please indicate) 215 CORINTH BAY SAINT LOUIS, MS 39520-3018 2. Name and address of Defendant(s) in the judgment: DAVIN DEBOUCHEL 215 CORINTH BAY SAINT LOUIS, MS 39520-3018 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Arrow Financial Services, LLC 120 N. Keyser Ave. Scranton, PA 18504 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Borough of Mount Holly Springs CIO Michael A. Scherer, Esquire Baric Scherer, LLC Solicitor, Borough of Mount Holly Springs 19 West South Street Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 4 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1035 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. an -Coug in, Esquip Id. No. 63252 DJo nta Pekalska, Esquire, No. 307968 B. Reese, Esquire, td. No. 310501 111Daniel C. Fanaselle, EsqUire, Id. No. 312292 0Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff August 5, 2014 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202 SOUTHAMPTON, PA 18966 215-942-2090 U.S. BANK NATIONAL ASSOCIATION vs. DAVIN DEBOUCHEL 1E Pl O'1 -10N0 �r iUP SEP -3 Alit(: 39 CUMP NNSYrLVAN D COUNTY TY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 12-6667 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for September 3, 2014 at 10 A.M. in the above -captioned matter has been continued until November 5, 2014 at 10 A.M. Date: 01, . //‘-7 Po rs, . irn & • ssoc ates, LLC ❑Jill anuel-Coughlin Esquire Id. No. 63252 ❑J Eta Pekalska, Esquire, Id. No. 307968 'Flarry B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 LI Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex, Suite 215 Trevose, PA 19053 215-942-2090 Attorney for Plaintiff ri - II +' THE t f THO?' r?ri'7 OR NOV 10 Pyr 2: 4 7 CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION vs. DAVIN DEBOUCHEL Plaintiff Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-6667 AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 Plaintiff, by and through its undersigned counsel, say: 1. On June 26, 2014, a copy of the Notice of Sheriffs Sale of Real Property was served upon the defendant, Davin DeBouchel, by a private process server. Copies of the service return are attached hereto and made a part hereof as Exhibit "A". 2. On June 12, 2014, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. UJill Manuel -Coughlin, Esquire Id. No. 63252 EJolanta Pekalska, Esquire, Id. No. 307968 UHarry B. Reese, Esquire, Id. No. 310501 ' 1 aniel C. Fanaselle, Esquire, Id. No. 312292 UMatthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Dated: 1)-3 - J`'{ EXH BIT "A" r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY vquop Gt CHIfiber, 4b 1/474. OFFICE OF THE SHERIFF US Bank National Association vs. Case Number Davin Debouchel 2012-6667 SHERIFF'S RETURN OF SERVICE 06/26/2014 Sheriff Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice of Sheriff's Sale and Legal Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Davin Debouchel, to 215 Corinth Bay, St. Louis, MO 39520, returned receipt card signed by C. Debouches on unknown date, post office failed to provide date information on return receipt card. SHERIFF COST: $960.98 SO ANSWERS, July 08, 2014 (c) CounlySuele Shorn Teteosatt. Inc. RONNY ANDERSON, SHERIFF EXHIBIT "B" NAME AND ADDRESS OF SENDER INDICATE TYPE OF MAIL CHECK APPROPIATE BLOCK FOR POSTMARK Powers, Kirn & Javardian 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 X Certificate Mailing 0 insured 0 COD 0 Certified Mail Registered Mail: 0 With Postal Insurance 0 Without Postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bit. Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If C.O.D. R.R. Fee S.D. Fee SEPT 4�` o 4 6. ry�ra02 1 P �Ob" i4p-A. � 0003194302 JUN I2 2014� MAILED FROM ZIP CODE 18966 1 Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 2 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 3 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4 Arrow Financial Services, LLC 120 N. Keyser Ave. Scranton, PA 18504 --'� ‘,4>-------,-, . 5 Tenants/Occupants 4 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1035 o.;./ #-, c- os �' " `i-:, \yAy `� . `� Iy 7 Total Number of Pieces Listed by Sender POSTMASTER, PER (Name of receiving employee) The full declaration of value is re uired on all domestic and international registered mail. The maximum indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is 550,000 per piece subject to a limit of $50,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is S500. The maximum indemnity payable is 525,000 for Registered Mail, 5500 for COD and 5500 for Insured Mail. Special handling charges apply only to Third- and Fourth -Class parcels. Special delivery service also includes special handling service. uetsoucnei 11-uz83 er 100401776) R REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL laCt;AVIN DEBOUCB[EL 215 CORINTH BAY SAINT LOUIS, MS 39520-3018 SE ER: erd EFERENCE: DeBouchj1,02 �M 9314 8699 0430 0003 7160 49 PS Form Januar.. I7 . RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees 3.30 1.35 USPS e -^t for rtifi d MaliT0 r. No insurance Coverage Provided Do Not Use for International Mail POSTMARK OR DATE WALZ Form No:35663 Version:O1 /14 To reorder forms, contact us at: (CCM 882-3811 ww.walbbroup.com WALZ CERTIFIED MAILERS" : Patented forms and software to automate your in-house process WALZ OUTSOURCING SERVICES : Comprehensive Outsourcing Solutions for compliant type mailings, utilizing Certified MalI® and First -Class Mail® services TRACKR1GHT":Tracks USPS® Delivery events, images and updated status 0 STORER1GHT": Return Receipt and Unclaimed Mali storage and records management system 1 f - � JEtij f i` i POWERS,KIRN&ASSOCIATES,LLC JILL MANUEL-COUGHLIN, ESQUIRE Id.No.63252 ' C E� t� —2 PH ' JOLANTA PEKALSKA,ESQUIRE Id No.307968 HARRY B.REESE,ESQUIRE Id No 310501 U MB L R L r+ z � DANIEL C.FANASELLE,ESQUIRE Id No.312292 P L PS Y LYA ti I A MATTHEW J.MCDONNELL,ESQUIRE Id No.313549 1310 INDUSTRIAL BOULEVARD 2nd Floor,SUITE 202 SOUTHAMPTON,PA 18966 215-942-2090 U.S. BANK NATIONAL ASSOCIATION PLAINTIFF COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY DAVIN DEBOUCHEL NO: 12-6667 DEFENDANT PETITION TO POSTPONE SHERIFF'S SALE TO THE HONORABLE,THE JUDGES OF THE SAID COURT: Petitioner,the above named Plaintiff,by its attorney,Powers, Kim&Associates,LLC, respectfully represents that: 1. This matter concerns an action in Mortgage Foreclosure instituted by Plaintiff against the Defendant. 2. Judgment was entered in favor of Plaintiff and against Defendant and a Writ of Execution thereafter issued scheduling the mortgaged premises for Sheriffs Sale on September 3, 2014. The sheriff s sale was subsequently postponed until November 5,2014 and the postponed again until December 3,2014. 3. Plaintiff requests that the December 3,2014 sale be postponed because Investor required appraisal has not be completed. 4.Pa.R.C.P.3129.3 permits the Sheriff to postpone a sale, twice, for one hundred thirty (130)days from the original sale date without further advertisement,unless the Court orders otherwise. 5. The sale cannot be postponed again without additional advertising costs without an Order of the Court;therefore,Petitioner requests the Court to enter an Order directing the Sheriff to postpone the Sheriff s Sale to March 4,2015. 6.No prior judge has been assigned to this case. 7. Pursuant to the local rules of court Petitioner avers that Defendant in this matter is unrepresented, Petitioner is without means to obtain concurrence in the foregoing petition except by mail and Petitioner has served the instant petition upon Defendant by mail this date. WHEREFORE,Petitioner requests the Court to enter an Order directing the Sheriff to postpone the Sheriffs Sale until March 4,2015 upon request of Petitioner,without further advertising or additional notice to lien holders or defendant. Nat . Wolf,Esquire OJiI anu -Coughlin, Esquire I .No. 63252 Lo Counsel for Plaintiff ❑J anta Pekalska,Esquire,Id.No.307968 Harry B. Reese,Esquire,Id.No.310501 ODaniel C. Fanaselle, Esquire, Id.No.312292 DMatthew J.McDonnell,Esquire Id.No.313549 Attorneys for Plaintiff POWERS,KIRN&ASSOCIATES, LLC JILL MANUEL-COUGHLIN,ESQUIRE Id.No.63252 JOLANTA PEKALSKA,ESQUIRE Id No.307968 HARRY B. REESE,ESQUIRE Id No 310501 DANIEL C.FANASELLE,ESQUIRE Id No.312292 MATTHEW J.MCDONNELL,ESQUIRE Id No, 313549 1310 INDUSTRIAL BOULEVARD 2nd Floor,SUITE 202 SOUTHAMPTON,PA 18966 215-942-2090 U.S. BANK NATIONAL ASSOCIATION PLAINTIFF COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY DAVIN DEBOUCHEL NO: 12-6667 DEFENDANT MEMORANDUM OF LAW This matter concerns an Action in Mortgage Foreclosure instituted against Defendant for a mortgage in default in excess of one year. Judgment was entered in favor of Plaintiff-Petitioner and against Defendant and a Writ of Execution thereafter issued scheduling the mortgaged premises for Sheriffs Sale on September 3, 2014. The Sheriff's Sale scheduled was subsequently postponed to November 5,2014, and then postponed again to December 3,2014. Pa.R.C.P. 3129.3 provides that the Sheriff is permitted to postpone a sale,twice,for one hundred thirty(13 0)days from the original sale,without further advertisement,unless the Court orders otherwise. WHEREFORE,Plaintiff requests that Court postpone the sale without further advertising or additional notice to lien holders or defendant. Respectfully submitted, ath . Wolf, Esquire OJi a el-Coughlin, Esquire .No. 63252 Loca Counsel for Plaintiff D olanta Pekalska,Esquire, Id o. 307968 Harry B. Reese, Esquire, Id.No. 310501 ❑Daniel C. Fanaselle, Esquire, Id.No. 312292 ❑Matthew J.McDonnell, Esquire Id.No.313549 Attorneys for Plaintiff POWERS,KIRN&ASSOCIATES,LLC JILL MANUEL-COUGHLIN,ESQUIRE Id.No.63252 JOLANTA PEKALSKA,ESQUIRE Id No.307968 HARRY B. REESE,ESQUIRE Id No 310501 DANIEL C. FANASELLE,ESQUIRE Id No.312292 MATTHEW J.MCDONNELL,ESQUIRE Id No. 313549 1310 INDUSTRIAL BOULEVARD 2nd Floor,SUITE 202 SOUTHAMPTON,PA 18966 215-942-2090 U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY Vs. NO: 12-6667 DAVIN DEBOUCHEL DEFENDANT VERIFICATION Powers, Kim&Associates, LLC, being duly sworn according to law, hereby depose and say that the facts set forth in the foregoing Petition to Postpone Sheriffs Sale are true and correct to the best of my knowledge, information and belief and understand that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. , \—/ :� Z� 1,2 -rL-� ❑Jill Manuel-Coughlin, Esquire d.No. 63252 V❑ lanta Pekalska, Esquire, Id.No.307968 Harry B.Reese, Esquire, Id.No.310501 ❑Daniel C. Fanaselle, Esquire,Id.No.312292 El Matthew J. McDonnell,Esquire Id.No. 313549 Attorneys for Plaintiff POWERS,KIRN&ASSOCIATES,LLC JILL MANUEI:COUGHLIN,ESQUIRE Id.No.63252 JOLANTA PEKALSKA,ESQUIRE Id No.307968 HARRY B.REESE,ESQUIRE Id No 310501 DANIEL C.FANASELLE, ESQUIRE Id No.312292 MATTHEW J.MCDONNELL,ESQUIRE Id No.313549 1310 INDUSTRIAL BOULEVARD 2nd Floor,SUITE 202 SOUTHAMPTON,PA 18966 215-942-2090 U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLAINTIFF PLEAS VS. CUMBERLAND COUNTY DAVIN DEBOUCHEL NO: 12-6667 DEFENDANT CERTIFICATE OF SERVICE Powers, Kim&Associates, LLC, counsel for the Plaintiff,hereby certify that a copy of the foregoing Petition to Postpone Sheriff's Sale was served on the following persons by first class mail,postage prepaid, on December 2, 2014. Davin DeBouchel 4 Independence Drive Mount Holly Springs, PA 17065-1035 --Ji 1 a el- oughlin, s re Id.No. 63252 J,94anta Pekalska, Esquir , Id No.307968 [A-arty B. Reese, Esquire, Id.No.310501 GGDaniel C. Fanaselle, Esquire, Id.No. 312292 ]Matthew J. McDonnell, Esquire Id.No.313549 Attorneys for Plaintiff • FIED-OFFICE GF THE. PP;OTHONOTARY 20.11t DEC -2 PH 3:L6 CUMBERLAND,COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION PLAINTIFF vs. DAVIN DEBOUCHEL DEFENDANT ORDER COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 12-6667 iC,2014, upon consideration of AND NOW, this p --d day of ..ZCP the annexed Petition, it is hereby ORDERED AND DECREED that the Sheriffis directed to postpone the Sheriffs Sale scheduled for December 3, 2014 until March 4, 2015, without the need for further advertising or additional notice to lien creditors or defendant. c..151scribution: Powers, Kim & Associates For the Plaintiff Debouchel Pro Se Defendant Office of the Sheriff BY THE COURT: e.r4k„to-i?L