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HomeMy WebLinkAbout12-7114U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE PENNSYLVANIA HOUSING ~ IN THE COURT OF COMMON PLEAS OF FINANCE AGENCY CUMBERLAND COUNTY, PENNSYLVANIA ~~ Plaintiff(s) ~ ~ ^~ ~ , ,~ -~ ..~: r.,s ---i VS. {"il ~ LYNN FAILOR N/K~'A LYNN WHISLER A/K/A ~ ©~~ LYNN A. WHISLER (~ / ~~' - ~ ~~ ~ _...~~ ~- Defendant(s) _ ! Civil ~~ s• ' ~ G ~ :~ ~ ~~ ~ ~ ~ ~'~ 7 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE D/VERSiON PROGRAM ~ ~ ~ You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. if you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU N-ISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. 11/19/12 Date Respectfully s miffed: Leon P. g:aller / Jill M. Wineka Attorney. for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 1570a / 58802 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AG~iff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. LYNN FAILOR N,~K/A LYNN WHISLER A/K/A LYNN A. WHISLER Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28 , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Date Signature of Defendant Date Signature of Defendant Date Cumberland County Resldentla/ Mortgage Foreclosure D/version Program Flnancla/ 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 circumstantes to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: City: Is the property for sale? Yes ^ No ^ Listing date: Realtor Name: Borrower Occupied: Yes ^ No ^ Mailing Address (if different) City: Phone Numbers: Home: Cell: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: Home: Cell: State: Zip: _ Price: $ Realtor Phone: State: Zip: Office: Other: How long? State: Office: Other: Zip: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: $ 0th er: $ Value: Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Othertransoortation (automobiles. boats motorcvclesl Year: Amount owed: Value: Value: Model: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Value: Year: Year: Monthly Gross Monthly Gross Monthly Gross Monthly Amount: Monthly Amount: _ Co-Borrower Pay Days: Monthly Expenses• (Please only include expenses you are currently oavinal EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Monthly Net Monthly Net Monthly Net Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/we' authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Borrower Signature Date Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. LYNN FALLOR N/K/A LYNN WHISLER A/K/A LYNN A. WHISLER Defendant r~ ~ r-, ~~ r___} ~ ~-" N -Mj CI7 z f~l w "^ r ~ ~ . r C3 ~ ... ~~, o o~=' ;-- ~' -+n fir, ~ ~-~~ ~ -~- :~- - .~.: . -; cst c,,.7 . ~., TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION -LAW ACTION OF MORTGAGE FORECLOSURE ~~ - ~l~ ~ C, ~~ L ~~ THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROIM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice aze served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further n©tice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. S1 DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL D~MANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE ~~03, ?,S'~~f' "( CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET ~/ CARLISLE, PA 17013 (~~~8 jig SL 717-249-3166 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. LYNN FAILOR N/K/A LYNN WHISLER A/K/A LYNN A. WHISLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. LYNN FAILOR N/K/A LYNN WHISLER A/K/A LYNN A. WHISLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 and as amended by Supplemental Indenture of Trust dated March 1, 2007, is acting through the Pennsylvania Housing Finance Agency ("Agency"), its appointed Limited Power of Attorney, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. The Limited Power of Attorney executed October 4, 2006 between the Plaintiff and the Agency is recorded in the Recorder of Deeds Office of the within County and Commonwealth on October 11, 2006 in Book 731, Page 421. The Limited Power of Attorney is incorporated herein by reference pursuant to Pa.R.C.P. 1019(g). 2. Defendant, LYNN FAILOR N/K/A LYNN WHISLER A/K/A LYNN A. WHISLER, is an adult individual whose last known address is 445 C STREET, CARLISLE, PA 17013. 3. On or about, September 21, 2007, the said Defendant executed and delivered a Mortgage Note in the sum of $113,781.00 payable to PHILADELPHIA FINANCIAL MORTGAGE a division of LEESPORT BANK, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on September 24, 2007 as Instrument Number 200737058 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on September 24, 2007 as Instrument Number 200737061. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording, which Assignment is attached hereto and marked Exhibit "B". The said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 445 C STREET, CARLISLE, PA 17013 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on April O1, 2012 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $106,061.50 Interest at $16.94 per day $4,658.50 From 03/01/2012 To 12/01/2012 ( based on contract rate of 5.7500%) Accumulated Late Charges $557.76 Late Charges $26.56 $212.48 From 04/01 /2012 to 12/01 /2012 Escrow Deficit $2,738.32 Attorney's Fee at 5% of Principal Balance $5,303.08 TOTAL $119,531.64 **Together with interest at the per diem rate noted above after December O1, 2012 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letter dated September 6, 2012 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the September 6, 2012 Act 6 Notice is attached hereto and marked Exhibit "D". 9. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 10. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. A copy of the website report from the Department of Defense Manpower Data Center, confirming non-active military duty is attached as Exhibit "E". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.7500% ($16.94 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, UG & HALLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) l~l~~~ Loan Nutnber: 124007249 NOTE FHA CASE NO. 441-7999280 /~ SEPTEMBER 21, 2007 ~~ ~n~ ~DateJ ~r (~~~(~ 445 C STREET, CARLISLE, PENNSYLVANIA 17013 `f, I"„/ (Property AddressJ 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, A PENNSYLVANIA BANKING CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST [n return for a loan received from Lender, Borrower promises to pay We principal rum of ONE HUNDRED THIRTEEN THOUSAND SEVEN HUNDRED EIGHTY-ONE AND 00/100 Dollars (U.S.$ 113 , 7 81 , 0 0 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at dte rate of FIVE AND 750/1000 percent ( 5.750 Y6) per year until the full amount of principal has been paid. 3. PROMISE 7'O PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated dte same date as this Note and called the "Security Instrument.' The Security Instrument protecu the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on NOVEMBER 1, 2007 My principal and interest remaining on the first day of OCTOBER 1, 2037 ,will be due on that date, which is called the "Maturity Da[e." (B) Place Payment shall be made at 1044 MACARTHUR ROAD, READING, PENNSYLVANIA 19605 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in Uie atnount of U.S. $ 664.00 This amount will be pan of a larger montlily payment required by the Security ]nstrurrtent, that shall be applied to principal. interest and other items in the order described in the Security Instrumem. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box.j ^ Growing Equity Allonge ^ Graduated Payment Allonge ^ Other lspecifyJ 5. BORROWER'S RIGHT TO PREPAY Borrower bas the right to pay the debt evidenced by this Note, itt whole or in part, without charge or penally, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest nn the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary, If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of We monthly payment unless Lender agrees in writing to those changes. MUL't7Sr'ATS-FtiA rD~D RATS Nt71'6 (6196) '~~~t ~ ~t ds,„~„ sy,~~",. ~,,,~. taws e+s-ixa Page 1 of 2 u.n~.~u 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after dte paymen[ is due, Lender may collect a late charge in the amount of FOUR AND 000/1000 percent ( 4.000 %) of the overdue amount of each payment. (B) Default if Borrower defaults by failing to pay in full any monWy payment, then Lender may, except as limited by regulations of the Secretary in the case of paymen! defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. [n rttany circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in tali in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, 'Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses if Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and cosu shall bear interest from the date of disbursement at [he same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. 'Notice of dishonor" [Weans the right to require Lender to give notice to other persons tha[ amounts due have not been paid. 8. GIVINCOFNUTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given [o Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of [hal different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE if more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, stuety or etdorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individuallyor against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 and 2 of this Note. LYNN FAILOR (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower NUI.TiSTATBrFfIA FOffsD RATE NOTE (bf96) nowmem sr+rm.. tom. Hoot wv.nsx Page 2 of 2 - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower t~4m.~.. ALLONGE Loan Number: 124007249 Loan Date: SEPTEMBER 21 , 2007 Borrower(s): LYNN FAILOR Property Address: 445 C STREET, CARLISLE, PENNSYLVANIA 17013 Principal Balance: $113 , 781.00 PAY TO THE ORDER OF r~sYtvexre aoast~c Blx~xcE et~xcx Without Rernurse Company Name: PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK By: /-~~~7.t z.~ n ~~ „~t~~de.'-~'•..~ ~RrescE mQnsav;~ttrz~c rre~sc~ (Name) ('Title) MULTISTATE NOTE ALLONGE /~,,.~~~,~' 03/08/07 -~~•+y.~. E..lti'rf!!.^upq Eop.619~IA6I www.docm~gk.com A.lu Record Prepared by & Return to: U.S. Bank National Association c/o PHFA-Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 717-780-3800 or 1-500-346-3597 PIN / ID Number: 06191643326 Above space is intentionally left blank for recording data. ASSIGNMENT OF MORTGAGE For value received, PENNSYLVANIA HOUSING FINANCE AGENCY ("PHFA"), hereby grant, sell, convey, assign and deliver unto the U.S. BANK NATIONAL ASSOCIATION, (Trustee for the Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated as of April 1, 1982), its successors and assigns, the following described Mortgage, together with the Note secured thereby: Name of Original Mortgagor(s): LYNN WHISLER Secured by the real property located at: 445 C STREET, CARLISLE, PA 17013 Municipality of: CARLISLE Original Principal Amount: $113,781.00 County Recorded in: CUMBERLAND Mortgage Recorded: September 24, 2007 Instrument: 200737058 Last Assignment to: PA Housing Finance Agency Instrument: 200737061 1N WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 098, PHFA) [BASSETT] DATED: October 19, 2012 By: PENNSYLVANIA SOUSING FINANCE A~ CY (y~~~ ~/,'r~L,rr~1d~ Thomas F. Brzana, Jr. Director of Loan Servicing COMMONWEALTH OF PENNSYLVANIA COUNTY OF,,,~QUPHIN : On this, the ~ day o 12, before me, the undersigned officer, personally appeared Thomas F. Brzana, Jr. Director of Loan Servicing, an authorized officer of the Pennsylvania Housing Finance Agency, and acknowledged that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained. In witness whereof, I have hereunto set my hand and official seal. \/ 1 ,,, ~ ~,~h , 0 n . ~ ~\ ~ ~ n ~ /I Notary Public NotaMal Seal ~, Notary Public Clty d Hanistxas, Dauphin County CERTIFICATE OF RESIDENCE OF ASSIGNEE I certify that the principal business and mailing address for this assignment and assignee is: U.S. Bank National Association, c% PHFA-Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057, Harrisburg, Pennsylvania 17105-5057 Authorized Officer 1 ALL those certain Tots of land in the Carlisle Borough with the improvements thereon erected on the North side of "C" Street, Cumberland County, Commonwealth of Pennsylvania. bounded and described as fo8ows: LOT N0.1: BOUNDED on the South by "C" Street; on the West by property now or formerly of R.S. Hench, et ux.; on the North by a 16-foot wide alley; and on the East by property now or formerly of William H. Bittinger, et ux. HAVING 60 feet in front on "C" Street and a depth at even width of 150 feet. BEING Lot No. 43 on the Plan of Lots recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 4, Page 94. HAVING erected thereon a frame dwelling known as No. 445 "C" Street, Carlisle, Pennsylvania. LOT N0.2: BEGINNING at the intersection of the North side of "C" Street and the Southeast comer of Lot No. 43 in that W.H. Bittinger Plan of Lots revised April 29,1950, said point being 190 feet East of the Northeast comer of Cherry and "C" Streets; thence northwardly along the eastern side of Lot No. 43,150 feet to a 16-foot alley; thence eastwardly abng the southern sloe of 16-foot alley; thence eastwarrlly along the southern side of 16-foot alley, 20 feet to the fine of land now or formerly of W. H. Bittinger, et ux.; thence southwanily along said Bittinger Iand,150 feet to a point on the North side of "C" Street; thence westwardly along the North side of "C" Street, 20 feet to the place of beginning. ~~bit"C' Pennsylvania Housing Finance A~encv Accounting & Loan servicin 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105-5057 (800) 346-3597 FAX (717) 780-3899 TTY (717) 780-1869 CERTIFIED MAIL -RETURN RECEIPT REQUESTED 9/06/2012 RE: Account No. 1648872 LYNN WHISLER 445 C ST CARLISLE, PA 17013-1834 RE: 445 C STREET CARLISLE, PA 17013-1834 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter We, Us or Ours) on your property located at 445 C STREET, CARLISLE, PA 17013-1834, IS tN SERIOUS DEFAULT because you have not made the monthly payments of $889.00 for 4/2012 through 9/2012 for a total of $5,334.00. Late charges and NSF charges that have accrued to this date in the amounts of $690.56 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $6,153.00. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $6,153.00, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash in our office, cashier's check, certified check or money order and made at: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount burrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgageed rp operty. If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you wiH still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you wiN have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the defauR within the thirty-day period, you will not be required to pay attorney fees. ~ ~ (( ~ 1 FHAACT/dtmdocs/ALSV/ I~i~ We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriffps foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments and any late or other charges then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-822-7375. This payment must be made payable in cash in our office, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in lt. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualrfy for replacement insurance if you wish to retain it. If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. Sincerely, ~. TLG/ Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 21 f North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 FHAACT/dtmdocs/ALSV/ ' Pznnsylvania HOUSIn~ hlnanCe 1~genCy __ Accounting & Loan Servicin 211 North Front Street, P. 0. Boz 1 SOS7 Harrisburg, PA 17105-5057 (800) 346-3597 FAX (717) 780-3899 TTY (717) 780-1869 NOTICE 9/06/2012 LYNN WHISLER 445 C ST CARLISLE, PA 1 701 3-1 834 RE: Account #1648872 TO: LYNN WHISLER 445 C STREET CARLISLE, PA 1 701 3-1 834 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you 569-4287 for financially distressed mortgagors fo housing counseling agencies. Attachment: Housing Counseling List can call HUD's toll free number (800) r information concerning HUD-approved FHAACT/dtmdocs/ALSV/ *** PLEASE BE SURE THE AGENCY OF YOUR CHOICE SERVICES YOUR COUNTY *** CCCS OF WESTERN PA-HARRISBURG 2000 LINGLESTOWN RD. HARRISBURG, PA. 17110 Phone:888-599-2227 NACA 1341 N DELAWARE AVE; SUITE 312 PHILADELPHIA, PA. 19125 Phone:888-297-5568 HOUSING ALLIANCE OF YORK DEVELOPMENT 34 S. Duke St. York, PA 17401-1106 Phone: 800-864-4909 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608-1676 Phone: 717-397-5182 PHILADELPHIA COUNCIL OF COMMINITY ONE PENN CENTER;1817 JFK BLVD; SUITE 1550 PHILADELPHIA, PA. 19103-1828 Phone:800-930-4663 FH AACT/dtmdocs/ALSV/ ~~ ~. <;, ___ ~. ~O~ ~~~ ~ ~~ R~ r 0 a~. ~• v ~ +~' r`'.. ,__._. 7~ a`n- '''' ! „p ~ t+ o o N u, ~ ~ a ~..~.`... ~ i r+ H ~ ~ I ~ C ] ~ ~' CsJ i .~ t~ ~ i y ~ W ~,-- „~ x a - H- I W -- ~ ~~ ~~ a ,~ ~ i - ur ~s ~~ + I COQ=Cqy _ :,~ r- ~ ~ `rrnrl~ _ I I ~°~ Ca+"~CI I ~,. O~ w C7 ~ ~ > ,Y IAN ~ I VV.~~~ - j4~ _' _ , ~y C~ ~ ut ;, ~ r. .,> ,I ,~ j :,:, .~ y _ i .. - ~ '~ --- ti._. ?196 90D8 9111 69?3 4838 TO: LYNN WHISLER 445 C STREET' CARLISLE, PA 17013 SENDER: BASSETT REFERENCE: 164 8 87 2 RETURN RECEIPT Certlfled Fes SERVICE Relum Receipt Fes Tots) Postaps 3 Fsee usPS .Receipt for Certified Maii° ' No ImNrranos Covss>~ f+eowd,er ' Do Not Ua for N~Mmwonsl Mail; ~ g y c s ~ ~ Bn~L~ dam Department of Defense Manpower Data Center ~"{];L'8t]£~tl>~ 10 ~1~~~ ~tYll ~lw@f 1 Last Name: WHISLER First Name: LYNN Middle Name: Active Duty Status As Of: Nov-10-2012 Results as of :Nov-10.2012 08:46:04 SCRA 2.3 lOn Active Ouly On Active Duty Status Data Active Duty Start Data Adlve Duly End Date Status Service Component NA NA No NA Ttds response re6eots the indhriduals' adiw duly status based on the Actlve Duty Status Date Leff ActNa Duly Within 367 Days or Active Duty Status Date Active Duty Start Date ActNe Duty End Date Status Servke Component NA NA No NA This response reflects where the Indvidual left actlve duty status within 367 days precedirg the Active.Duty Stalua Dafe The Member or F6a7Ner UnH Was Nottifed of a Futuro CaN-Up to Active Duly on Actlve Duty Status Date Order Notlfication Start Dale Order NolMcatbn End Date Statue Serviea CanponeM NA NA No NA This response re6ecls whether iha Individual or hkMer unit has received early notification to report for actlve duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guarl). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 ~~ r,6 l ~ ~~ ( ~ U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct upon my personal knowledge and upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PENNSYLVANIA HOUSING FINANCE AGENCY, Attorney-in-Fact for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Dated Thomas F. Brzana, Jr., Director of Loan Servicing for the Pennsylvania Housing Finance Agency, Attorney-in- Fact for U.S. Bank National Association, as Trustee for the Pennsylvania Housing Finance Agency WHISLER 1648872 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ~~ ~ ra ~ -- __; Sheriff ~~ ~tlt' ~i ~:~iniGrr~ ~s' ~ " ~ Jody S Smith Va~ti ~l~0 1 t ~ %~ 3 C_ < ~ ~-; Chief Deputy `~ ~ . -< N ~ "'`~ ~' e~ , Richard W Stewart __ r-~-; .C -~ ....1 ~, _~`r' Solicitor ~ ~ ~`~''~~ ?~: ~~' ~ ~~ _~_, --' r- =l_ ~ ~„T ~~y .. ~.Yt _..! N ~ , LJ.> , U.S. Bank National Association as Trustee for the Pennsylvania Housing Case Number vs. ?811-7114 Lynn Failor ~, ,,; .~ - SHERIFF'S RETURN OF SERVICE 11/26/2012 01:05 PM -Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be David Whisler, Occupant/Husband of Lynn Failor, who accepted as "Adult Person in Charge" for ccupant at 445 C Street, Carlisle Borough, Carlisle, PA 17013. i ~~~ LLIAM CLINE, DEPUTY 11/26/2012 01:05 PM -Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be David Whisler, Husband, who accepted as "Adult Person in Charge" for Lynn Failor at 445 C Str et, Carlisle Borough, Carlisle, PA 17013. WIL IAM CLINE, DEPUTY SHERIFF COST: $50.45 November 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF L:~~:~ 5 ~ . ~;~~~; f"i F-0-OF FICE OF THE PROTHONO IARF 2013 MAY -2 PM 3: 28 CII;PENH YLVA A. Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller @pkh.com U. S. BANK NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR THE PENNSYLVANIA CUMBERLAND COUNTY, PENNA. HOUSING FINANCE AGENCY, CIVIL ACTION - LAW Plaintiff Vs. No. 12-7114 LYNN FAILOR N/K/A LYNN WHISLER A/K/A LYNN A. WHISLER, Defendant IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. PURCELL, KRUG & HA B Leon P.Haller ID 415700 Attorney for Plaintiff Date: May 1, 2013