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HomeMy WebLinkAbout13-1936 Supreme Co �y ennsylvania Courf t w - c " ' , lea s For Prothonotary Use Only. t .. r Docket No: County CUP C !'� /� q 1 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and s ervice of pleadings or other papers as required bylaw or rules of court. Commencement of Action: ® Complaint © Writ of Summons © Petition ® Transfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiff's Name: U . S. BANK NATIONAL Lead Defendant's Name: C ASSOCIATION AS TRUSTEE FOR THE PENNSYLVANIk DAVID J. DEMPSEY *r . Dollar Amount Requested: ®within arbitration limits I Are money damages requested? ® Yes G No (check one) D outside arbitration limits 0 Is this a Class Action Suit? 0 Yes 0 No TS this an MDJAppea[? ® Yes ® No Name of Plaintiff/Appellant's Attorney: Leon P. Haller / Jill M. Wineka Check here if you have no attorney (are a Self- Represented [Fro Se] Litigant) y } Natnie of: the: Case . `Place an `,`X" to the deft of the ONk case category that *most accurately dese'%6 your .. r PRIMARY CASE. If you are malting more than one type of. claim, check file one that You:consider:most important: T. Am ^A > TORT do not include Mass Tort CONTRACT do not include judgm entr CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies A ,_ W , Ns ® Malicious Prosecution ® Debt Collection. Credit Card ® Board of Assessment R ® Motor Vehicle ® Debt Collection: Other ® Board of Elections ® Nuisance ©Dept of Transportation 0 Premises Liability © Statutory Appeal: Other 13 Product Liability (does not include mass tort) ® Employment Dispute: Slander/Libel/ Defamation Discrimination < Other: ® Employment Dispute: Other ® Zoning Board ® Other: }j ® Other. MASS TORT f ® Asbestos r' I ® Tobacco 13 Toxic Tort - DES = - 13 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS "t Toxic Waste ® Ejectment ® Common Law /Statutory Arbitration y. 0 Other: ® Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent ® Mandamus ® Landlord/Tenant Dispute Non - Domestic Relations g' -- ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLTTY [3 Mortgage Foreclosure: Commercial ® Quo warranto ® Dental ® Partition ® Replevin C] Legal © Quiet Title ® Other: ® Medical [3 Other: a ® Other Professional: Updated 1/7/2011 _ i HE Leon P. Haller, Esquire q; Purcell, Kru & Haller tG 13 AFR 12 A " 1719 North Front Street CUMBERLAND COU Harrisburg, PA 17102 PENNSYLVANIA 717.234.4178 mtg @pkh.com U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING OF CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE DAVID J. DEMPSEY J3 " I93 �P C�zo Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717 -249 -3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA, POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238 -6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STRE / ©3.7f CARLISLE, PA 17013 717- 249 -3166 ����� U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY, Plaintiff CIVIL ACTION LAW VS. ACTION OF MORTGAGE FORECLOSURE DAVID J. DEMPSEY, Defendant 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 IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY, Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE DAVID J. DEMPSEY, Defendant 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, DAVID J. DEMPSEY, is an adult individual whose last known address is 1237 FRANKLIN STREET, CARLISLE, PA 17013. 3. On or about, June 24, 2010, the said Defendant executed and delivered a Mortgage Note in the sum of $87,387.00 payable to MORTGAGE NETWORK, INC. DB /A MNET MORTGAGE CORP., hich Note is attached hereto and marked Exhibit "A ". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on June 28, 2010 as Instrument Number 201017027 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 June 28, 2010 as Instrument Number 201017028. 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: 1237 FRANKLIN STREET, CARLISLE, PA 17013 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August 01, 2012 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $84,705.36 Interest at $11.65 per day $3,541.60 From 07/01 /2012 To 05/01 /2013 ( based on contract rate of 4.9500 %) Late Charges $18.66 $167.94 From 08/01/2012 to 05/01/2013 Escrow Deficit $590.18 Attorney's Fee at 5% of Principal Balance $4,235.27 TOTAL $93,240.35 * *Together with interest at the per diem rate noted above after May 01, 2013 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letter dated October 25, 2012 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the October 25, 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 him within the Soldiers and Sailors Relief Act of 1940, as amended. A copy of the website report from the Department of Defense Manpower Data Center, confirming non - active military duty is attached as Exhibit "E ". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 4.9500% ($11.65 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HAL R 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) X v! 09 NOTE LOAN NO. 7700327574 tAS6tvo JUNE 24, 2010 ID-1 HARRISBURG, PENNSYLVANIA 4460086798 203B 1237 FRANKLIN STREET, CARLISLE, PENNSYLVANIA 17013 Ift" Addmal I. PARTEES 'Borrower' means each person signing at the end of this Note, and the person's successors and assigns. - Lender" means MORTGAGE NETWORK, INC. D /B /A MNET MORTGAGE CORP., A CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In rerun for a loan received from Lender, Borrower Promises to pay the principal sum of EIGHTY -SEVEN THOUSAND THREE HUNDRED EIGHTY -SEVEN AND N01100 Dollars (U.S. S 87, 387. 00 plus interest, to the order of Larder. Interest will be on unpaid ) charged pa Principal, from the date of disbursement of the loan proceeds by Lender, at a rate of FOUR AND 95/100 - - - -- percent ( 4. 950 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to Pay's secured by a mortgage, deed of trust or similar security instrument that is dated the sme date as this Note and called the "Security Instrument. The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the 1st day of each month beginning on AUGUST 1, 2010 . Any principal and interest remaining on the 1st dayof JULY, 2040 will be due on that date, which is called the 'Maturity Date. (B) Place Pavment shall berradeat 300 ROSEWOOD DRIVE, DANVERS, MASSACHUSETTS 01923 (C) Amount or at such other place as Lender may designate in writing by notice to Borrower. Each monthly payment of principal and interest will be in the amount of U.S. S 4 6 6. 4 5 . This amount will be pan of a larger monthly payment required by the Security nstrument, that shall be applied w other items in the order described in the Security Irrstrurent hereof. ty PP Principal, interest and (D) Alhmfe 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 allo nge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a pan ofthis Note [Cheek applicable box) ❑ Growing Equity Allonge ❑ Graduated Payment Allonge ❑ Other S. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in pan, without charge or penalty, on the lust day of any month. Lender shall accept prepayment an other days provided that borrower pays interest on the amount prepaid for the rcroshulerof the month to the extent by Laser and permitted by regulations of the . IfBormwer there will be no changes in the due date or in the amount of the monthly payment unless Lender rrwriti ° P P nder agrees in riting to dhox changes. Za617.tifnf :NUL'rraTATa FHA flats RWe Nate - FHA14W.PNW4W hp 1 nrr ems) 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lander has rat rexived the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is dux, I ender may collect a late charge in the amount of four percent( 4 . 0 0 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the can ofpaymera defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Homing and Urban Development or his or her designee. (C) Payment of Cesta and Expenses If Lender has requir erl immediate payment in full, as described above, Lender tray require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extant not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment* means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Bo rowe's different address. Any notice that must be given to Lender under this Note will be given by rust class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the prenuisea made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all ofthe promises made in this Note. Lender may cnforoe its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed wrier this Note. B SIGNING BELOW, Borrower accepts and agrees to the tams and covenants contained in this Note. (1) (Seal) DAVID J. DEMPSE Burrower Borrower (Sec) (Seel) .Borrower - Borrower (Seal) (Seal) - Borrower - Borrower aws.nssn6 MMTWATS "1A Mad Rai. hrar. - MA1461"N44 hp i a7 td7a) Pennsylvania Housing Patty to ft ardor of FlnanCe AQWY MWNhmd Rewurttio Moftpapo Nslvw* 6lt O: C,dd M. mil, Record Prepared by & Return to: U.S. Bank National Association c/o PHFA - Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, Pennsylvania 17105 -5057 717- 780 -3800 or 1- 800 - 346 -3597 PIN / ID Number: 06191643392 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): DAVID J. DEMPSEY Secured by the real property located at: 1237 FRANKLIN STREET, CARLISLE, PA 17013 Municipality of: CARLISLE Original Principal Amount: $87,387.00 County Recorded in: CUMBERLAND Mortgage Recorded: June 28, 2010 Instrument#: 201017027 Last Assignment to: PA Housing Finance Agency Instrument#: 201017028 IN WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 112, PHFA) [GUTSHALE] DATED: February 12, 2013 By: PANIA HOUSING FINANCE AGENCY few A4.1 Thomas F. Brzana, Jr. Director of Loan Servicing COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the \? day o ` �) , 13, before me, the undersigned officer, personally appeared Thomas F. Brzana, Jr. Director of Loan Servicing, an a thorized officer of the Pennsylvania Housing Finance Agency, and acknowledged that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained. In witness whereof, I have hereunto set my hand and official seal. Notary Publi OOMM 1 OP POMMVMIA Notaft Seal Kirnberley',A. Ayala, Notary Public City of HMrMWM DMVW County My CommWw EYES Ian. 15, 2015 CERTIFICATE OF RESIDENCE OF ASSIGNEE m"K Peffsrt Atm Assocunu" of Norms I certify that the principal business and mailing address for this assignment and assignee is: U.S. Bank National Association, c/o PHFA - Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057, Harrisburg, Pennsylvania 17105 -5057 42 42 Authorized Officer ALL THAT CERTAIN ttad of laad with the baddMped Opppaverrcncr eregtcd ebe.reo n krtaW in rise Boo vi# of CwWs, Ctt AMOo d Co M, Pam oyi Amts, pmmt to a PrelimimyMnal SuWMdca. Lard Dcveloom KPlan for Miley S. Gdbao &W Member A. Ba bme, m or&d ldova nber Z 200,7, to the offm of tht -R c m l IP of DoWs in and for Cambarlmd Couwty, Pt w4ovartia, at haft t cK No. 200741619, more particularly bounded mad described as fbllowa: SP.OMING at a pout on the dodkWed right-of-my hot of Rm*lln Sheet (W rightof the as eonmofsts.nd now or fonwziy ofCOC AmcW= as shown on the above Plan, Sou* Sl depoica 29 mimos 38 seconds late 16131 fat to apoin4 the me close the 1 B privdisdey ss aatftmh * t tbe-*bovc Pmt, South 13 dWm 15 natuo do 00 sem de Wet 17.66 hO to it paint; them * ft Lot 4 w down on the above Plat. NO6.76 degt m 43 miaisaea 00 seconds Wear l5!<.00 lba to a point; th = alo% dediewed tight -of -!pray lint oftba ssid Pfraoldia Sb eet, Not 13 degcaea 15 mimttm 00 seconds East 54A fipt! to apoitpt, dw point and plaea of BEGINNING. BEING Lot #1 on the Preliminarylk inai Land ikvfteinpment Plan d for Ni :hell S. tkibv* attd Heather A ®W&Ktr. B MNG krnovm"mtmberod w 123.7 Franklin Sued; Carlisle, PA 17013 CONTA1M1vo 11.254.39 sgwm foot (0.2564 a=te C Pennsylvania Housing Finance Agency Accounting & Loan Servicing ?11 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 10/25/2012 RE: Account No. 2187912 DAVID J. DEMPSEY 1237 FRANKLIN ST CARLISLE, PA 17013 -1364 RE: 1237 FRANKLIN STREET CARLISLE, PA 17013 -1364 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 1237 FRANKLIN STREET, CARLISLE, PA 170113 -1364, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $698.00 for 8/2012 through 10/2012 for a total of $2,094.00. Late charges and NSF charges that have accrued to this date in the amounts of $55.98 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $2,169.98. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $2,169.98, 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 borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgageed property If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, 9 legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty -day period, you will not be required to pay attorney fees. CAI i / t 2) / � FHAACTYdtmdocs /ALSV/ 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 sheriffas foreclosure sale You may do so by paying the total amount of the unpaid monthly payments and any late or other charges then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1- 800 - 822 -7375. This payment must be made payable in cash in our office, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS 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 6 no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualify for replacement insurance if you wish to retain it. If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. Sincerely, — j"', L.ce —. --, Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105 -5057 TLG/ FHAACT /dtmdocs /ALSV/ Pennsylvania Mousing Finance Agency Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105 -5057 (800) 346 -3597 FAX (717) 780 -3899 TTY (717) 780 -1869 NOTICE 10/25/2012 DAVID J. DEMPSEY 1237 FRANKLIN ST CARLISLE, PA 17013 -1364 RE: Account #2187912 TO: DAVID J. DEMPSEY 1237 FRANKLIN STREET CARLISLE, PA 17013 -1364 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ( "HUD ") and experienced in the provision of homeownership counseling. Attached is a current list of HUD - approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD's toll free number (800) 569 -4287 for financially distressed mortgagors for information concerning HUD - approved housing counseling agencies. Attachment: Housing Counseling List FHAACTldtmdocs /ALSW * ** PLEASE BE SURE THE AGENCY OF YOUR CHOICE SERVICES YOUR COUNTY * ** CCCS OF WESTERN PA- HARRISBURG NACA 2000 LINGLESTOWN RD. 1341 N DELAWARE AVE; SUITE 312 HARRISBURG, PA. 17110 PHILADELPHIA, PA. 19125 Phone :888 -599 -2227 Phone:888 -297 -5568 HOUSING ALLIANCE OF YORK PHILADELPHIA COUNCIL OF COMMINITY DEVELOPMENT 34 S. Duke St. ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 York, PA 17401 -1106 PHILADELPHIA, PA. 19103 -1828 Phone: 800 -864 -4909 Phone:800 -930 -4663 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608 -1676 Phone: 717 - 397 -5182 FHAACTAItmdocs /ALSV/ ` Print Key Output Page 1 5770SS1 V7RIM0 100423 PHFASYSI 10/12/12 11:19:10 Display Device . . . . . QPADEVOOTT User . . . . . . . . . . GUTSHALE SRV860-02 ---------------------------------------------------- 10/12/12 GUTSHALE PERSONAL & PROPERTY DATA 11:19:09 Loan# 0002187912 Inv# 212 Asum: Y Total Due 2151732 Due 8/01/12 ACT Lett4'r CP: GUTSHALE Msg#l: 68 2: 43 3: UnPaldBal 84705.36 LPR 7/13/12 �f�r �'Jc Barr Earl;1: DAVID J DEMPSEY Sa 717- 462 - 9169( ' U p 2012 Email: On -Line Rea: YIN Barr 2: 000-00-0000 ____________________..---.----- Sal: 0 A N Email: On-Line Reg: YIN Prop: 1237 FRANKLIN STREET Number of Children: 00 Addr: Ages: 00 00 00 LV CARLISLE PA 170131364 Seller: r'o Mail: 1237 FRANKLIN ST �' H J d -+ � Addr s Act attar : � Fife. ` H � ni 4 S � -0 mmmam>.� CARLISLE PA 170131364 ; � fl t;tor Cr�J a m o Legal Description: �� I r d ,,,�. C 19 � ; "r !JS ��Iftials F3 -Exit F6- Additional Names and Addresses F7-Next Loan H ro � Page`�Dn"Loan Data FS-Prev Loan F12-Return F16-Opt Out Info --- ----- ---- CD Ir Z �3 M H m � VI r M in m H t7 C2 $ c i o X P t $ t t - ' 4 Or w T 00 d m G ► ' N Ir 4r H SIZI �H w a- �, Lnn . N N . 0❑ 0 0 Department of Defense Manpower Data Center Results as of Apr- 10.201311:50:32 .dodo 1 21111h. SCRA 3.0 Status Repot Pursuant to Smicemembers Civil Relid Act Last Name: DEMPSEY First Name: DAVID Middle Name: J Active Duty Status As Of: Apr -10 -2013 on Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the Individuals' active duty staves based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Servic e Component NA NA No NA This response reflects where the Individual left active duty stabs within 367 days preceding the Active Duty Status Date The Member or HlsMer Unit Was Notified of a Future Call -Up to Active Duty of Active Duty Status Date Order Notification Start Date Order Notification End Date status Service Component NA NA No NA This response reflects whether the Individual or Nslher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. )ut f o ll r a'"► Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA 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 L h//-3 B i Y 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 DEMPSEY 2187912 r fV _� e� i U.S. BANK NATIONAL ASSOCIATION AS IN THE COURT OF COMMON PLEAS OF �� TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA = m_�*a FINANCE AGENCY Plaintiff(s) VS. DAVID J. DEMPSEY > Defendant(s) 13 ' l n 3 & Civil —, 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)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. lF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully subm ed: 4/1 1/1 Date 145n P al er / J 11 M. Wineka Attorney for Pla' tiff Purcell, Krug d Haller 1719 North Front Street Harrisbur PA 17101 PA ID 157a / 58802 Cumberland County Resldentl8l 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 knowl e: Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How lord? Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people !p household: How to ? 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: Asset 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: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: MonthN Expenses (Pleases Include expen t u are currently navinal EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /re irs Other Prop. Payment Install. Loan Pa ment Cable TV en Child Sup ort/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): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes (1 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: 1/We, authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill 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 U.S. BANK NATIONAL ASSOCIATION AS IN THE COURT OF COMMON PLEAS OF TRUSTEE FOR THE PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE Plaintiff(s) AGENCY VS. DAVID J. DEMPSEY Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated Feb r-uar. -fig 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this 'mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OF THE PROTHONOTARY Jody S Smith Chief Deputy 29 Richard W Stewart � `� °� ' " Rich for F, F I R1 F CUMBERLAND CoUNTy PENNSYLVANIA US Bank National Association vs Case Number David J Dempsey 2013-1936 SHERIFF'S RETURN OF SERVICE 0411612013 08:33 PM-Deputy Shawn Gutshall, being duly sworn according to law, served the requested Affidavit by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: David J Dempsey at 1237 Franklin Street, Carlisle Borough, Carlisle, PA 17013. S SHALL, DEPUTY 0411712013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Affidavit as"Not Found"at 1237 Franklin Street, Carlisle Borough, Carlisle, PA 17013. There were no occupants other than defendant found at this address. SHERIFF COST: $49.00 SO ANSWERS, April 17, 2013 RONRY R ANDERSON, SHERIFF (c)CountySuite Sherift,Teleosott,lnc. f -I D-OFFICL LEON P. HALLER, ESQUIRE t �1`E 'SRO VOtjo y,,R,,� HALLER # `�STREETN26 11 HARRISBURG, PA 17102-2392 CUMBERLAND CpUtd! y (717) 234-4178 PEMSYLVAN+A ATTORNEY FOR PLAINTIFF U. S . BANK NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff CIVIL ACTION - LAW VS . NO. 13 - 1936 CIVIL TERM DAVID J. DEMPSEY IN MORTGAGE FORECLOSURE Defendant MOTION TO LIFT STAY IMPOSED BY THE MORTGAGE FORECLOSURE DIVERSION PROGRAM AND NOW comes Plaintiff, U. S . Bank National Association Trustee for The Pennsylvania Housing Finance Agency, through it ' s counsel, Leon P. Haller , and in accordance with Paragraph (k) of the Order of February 28 , 2012 , establishing the Mortgage Foreclosure Diversion Program, represents as follows : 1 . The within foreclosure action was filed April 13 , 2013 . 2 . Service of the Complaint and Notice of Residential Mortgage Foreclosure Diversion Program was made on April 16 , 2013 . 3 . More than sixty (60) days have elapsed since the service of the Notice of the Residential Mortgage Foreclosure Diversion Program. Defendant has not opted to participate in the Mortgage Foreclosure Diversion Program. WHEREFORE, Plaintiff requests that the stay imposed by the Cumberland County Mortgage Foreclosure Diversion Program be lifted to allow Plaintiff to proceed with the foreclosure action. PURCELL, KRUG & HALLER By: 7� Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: June 24, 2013 VERIFICATION I verify that the statements made in the foregoing Petition to Lift Stay, are true and correct . 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 . Leon P. Haller Dated: June 24, 2013 . A LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717)234-4178 ATTORNEY FOR PLAINTIFF U. S. BANK NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff : CIVIL ACTION - LAW vs. : N0. 13-1936 CIVIL TERM DAVID J. DEMPSEY IN MORTGAGE FORECLOSURE Defendant CERTIFICATE OF SERVICE I, Leon P. Haller, the undersigned, Attorney for Plaintiff, hereby certify that I served on the 24th day of June, 2013, a copy of the Petition to Lift Stay Imposed by Mortgage Foreclosure Diversion Program upon each of the following persons at the addresses shown below: David J. Dempsey 1237 Franklin Street Carlisle, PA 17013 Leon P. Haller Dated: June 24, 2013 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff : CIVIL ACTION - LAW VS . : NO. 13-1936 CIVIL TERM DAVID J. DEMPSEY IN MORTGAGE FORECLOSURE Defendant ORDER AND NOW, this Z7' day of Q a , -, 2013, upon consideration of Plaintiff Petition to Lift Stay, Notice of the Residential Mortgage Foreclosure Diversion Program having been served on April 16, 2013, and Defendant having not opted to participate in the Mortgage Foreclosure Diversion Program, IT IS HEREBY ORDERED that the stay imposed by the Mortgage Foreclosure Diversion Program be lifted and Plaintiff may proceed with its mortgage foreclosure action. BY THE COURT: J. A4 4. acILLv, 1) . -be-'Prel rnm C— X M -<> co CD r-z: co U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND FINANCE AGENCY, COUNTY,PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-01936 -13 a DAVID J.DEMPSEY, ,��.� 69 DEFENDANT(S) MORTGAGE FORECLOSURE PRAECIPE - C ,- C== TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) DAVID J. DEMPSEY for failure to plead to the above action within twenty(20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance $84,705.36 Interest $3,541.60 Per diem of$11.65 From 07/01/2012 To 05/01/2013 Late Charges $167.94 ($18.66 per month to 05/01/2013) Escrow Deficit $590.18 5%Attorney's Commission $4,235.27 TOTAL $93,240.35 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG&HALLER By Leon er PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 0 iL-aaq S� U C i. r tr U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW Vs. NO. 2013-01936 ' . IN MORTGAGE FORECLOSURE DAVID J.DEMPSEY, ter' DEFENDANT(S) < �' CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on July 2, 2013 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Hoer--PA I.D. # 15700 Attorne for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 U.S. BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA CUMBERLAND COUNTY, HOUSING FINANCE AGENCY, PENNSYLVANIA Plaintiff NO. 2013-01936 VS. DAVID J. DEMPSEY CIVIL ACTION LAW Defendant IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: JULY 2,2013 TO: DAVID J.DEMPSEY 1237 FRANKLIN STREET CARLISLE,PA 17013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 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 SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 PURCELL,KRUG&HALLE By '---- LEON P. HALL ,Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg,PA 17102 (717)234-4178 U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-01936 DAVID J.DEMPSEY, IN MORTGAGE FORECLOSURE DEFENDANT(S) C c rn CZ �> GTE CD w AFFIDAVIT < r >c—j —r- Ci wr'j COMMONWEALTH OF PENNSYLVANIA : MCD S ro S , COUNTY OF DAUPHIN I, LEON P. HALLER, Attorney for the Plaintiff in the above matter, being duly sworn according to law, hereby certify that the Mortgage in the above case is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C.A. Section 707 1715z11) and therefore does not fall within the provisions of PA Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program). Sworn to and subscribed before me this 16 day of 20 LEO LER, ESQUIRE r of P lc MMON • f-"P;:NNSVLVANIA NOTARIA DEAL MARYLAND K.FERRETi i,Nc:aiy PubrIc Lower Paxton Twp.,Dauphin County My Commission Expires Aug.8,2014 U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-01936 DAVID J.DEMPSEY, IN MORTGAGE FORECLOSURE DEFENDANT NON-MILITARY AFFIDAVIT s COMMONWEALTH OF PENNSYLVANIA SS r, COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendants above named are not on active duty in the Military Service nor engaged in any way which would bring them within the Servicemembers' Civil Relief Act. A copy of the search through the Defense Manpower Data Center website is attached. Sworn to and subscribed before me this d day of 20 / 01 LE P. HALLER, ESQUIRE ota Pf is IA NOTP FRAL WEAL MASYI.AND« FegREQ u Notary uviio My Comm ssion Expires Aug.o,2014 : Department of Defense Manpower Data Center Results as of Aug-14-2013 09:02:06 SCRA 3.0 Status Report Pursuant to Sere ce embers Civil Relief Act Last Name: DEMPSEY First Name: DAVID Middle Name: J. Active Duty Status As Of: Auq-14-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'activeduty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Data Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Cali-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Data Status Service Component NA NA No NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 ~ � the Defense Manpower Data Center(DMDC)man organization mthe Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which m the mficial source mdata on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SmmV(formerly known as the Soldiers'and Sailors'Civil Relief Act m1o4n). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. m the event the individual referenced above,o,any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections o,the uonA.you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the nemnw,nnxmirunL:mupmwww.nmfennoonx.miKmq/pimP0000Lun.xmn|. n you have evidence the person was o=active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See oouac App.Uo21(u). This response reflects the following information: <1>The individual's Active Duty status on the Active Duty Status Date(z)Whether the individual left Active Duty status within osrdays preceding the Active Duty Status Date(u)Whether the individual m his/her unit received early notification mreportm,000vo duty uo the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2V10 only some m the active duty periods less than o0 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding too national emergency declared oythe President and supported uy Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(xnm)unoovwstouamnexonm Program Administrator(npAo). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service v,the National Oceanic and Atmospheric Administration(woxA Commissioned Corps). / Coverage Under the GCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported a000 Active Duty under this certificate, SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods, Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§10 1(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check m make sure the orders on which aoRA protections are based have not been amended m extend the inclusive dates mservice, Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty v,actually reported for induction, The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates m active duty, Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester, Providing erroneous information will cause wn erroneous certificate mueprovided. Certificate |[]: 4408EF018OA7350 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION-LAW AT NO. 2013-01936 U.S.BANK NATIONAL ASSOCIATION,AS Total Judgment Amount $93,240.35 TRUSTEE FOR THE PENNSYLVANIA HOUSING Interest $2,539.70 FINANCE AGENCY, Per diem of$11.65 to sale PLAINTIFF date 12/4/2013 Late Charges $130.62 VS. $18.66 per month to sale date 12/4/2013 DAVID J.DEMPSEY, Escrow Deficit $1,970.55 DEFENDANT(S) TOTAL WRIT $97,881.22 *Plus additional interest,late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday,December 04,2013 (PROTHONOTARY'S USE) Plt£ Paid Deft.Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION-MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. { M C— r_:r Date: August 9,2013 ,`-- ' r Attorney for Plaintiff a 1719 North Front Street .Haller IM CD Harrisburg,PA 17102 PA I.D. #15700 5; (717)234-4178 WRIT OF EXECUTION-MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the abov captioned case,you are directed to levy upon and sell the property described in the attached description know as 37 FRANKLIN STREET CARLISLE,PA 17013 Da' ^\ <�J7'1 PROTHONO RY/CLERK CIVII,DNISION . l (� BY DO n n p EP�U�T`Y i5'0 jusag ALL THAT CERTAIN tract of land with the buildings and improvements erected thereon located in the Borough of Carlisle, Cumberland County,Pennsylvania,pursuant to a Preliminary Final Subdivision Land Development Plan for Mitchell S. Gelbaugh and Heather A. Barbour, recorded November 2, 2007 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 200741618,more particularly bounded and described as follows, to wit: BEGINNING at a point on the dedicated right of way line of Franklin Street(60 feet right of way) at the southwestern comer of land now or formerly of COC Associates as shown on the above Plan, South 88 degrees 29 minutes 58 seconds East 161.38 feet to a point; thence along the 16 foot private alley as set forth on the above Plan, South 13 degrees 15 minutes 00 seconds West 87.66 feet to a point; thence along Lot No. 2 as shown on the above Plan,North 76 degrees 45 minutes 00 seconds West 158.00 feet to a point; thence along dedicated right of way line of the said Franklin Street,North 13 degrees 15 minutes 00 seconds East 54.80 feet to a point,the point and place of beginning. BEING Lot No. I on the Preliminary/Final Land Development Plan prepared for Mitchell S. Gelbaugh and Heather A. Barbour. Containing 11,254.59 square feet(0.2584 acre). HAVING THEREON ERECTED A DWELLING KNOWN AS 1237 FRANKLIN STREET CARLISLE,PA 17013 TAX PARCEL NO. 06-19-1643-392. BEING THE SAME PREMISES WHICH Randy E. Finkey by deed dated 06/24/10 and recorded 06/28/10 in Cumberland County Instrument No. 201017026,granted and conveyed unto David J. Dempsey. TO BE SOLD AS THE PROPERTY OF DAVID J. DEMPSEY ON JUDGMENT NO. 2013-01936 U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS _ TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLV2NI�•1�?, FINANCE AGENCY, " PLAINTIFF CIVIL ACTION LAW1 VS. NO. 2013-01936 ; 4. DAVID J.DEMPSEY, IN MORTGAGE FORECLOSURE Y C DEFENDANT(S) 7 AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1237 FRANKLIN STREET CARLISLE,PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): DAVID J. DEMPSEY 1237 FRANKLIN STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in(1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Pennsylvania Housing Finance Agency 211 North Front Street P. O. Box 15057 Harrisburg,PA 17105-5057 5. Name and address of every other person who has any record lien on the property: 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: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 1237 FRANKLIN STREET CARLISLE, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leo alley PA I.D. #15700 P rcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:August 9, 2013 a U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-01936 DAVID J.DEMPSEY, IN MORTGAGE FORECLOSURE DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 ="` TAKE NOTICE: ' ny �� That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday,December 04,2013 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1237 FRANKLIN STREET CARLISLE,PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2013-01936 JUDGMENT AMOUNT $93,240.35 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DAVID J. DEMPSEY a A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY v THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG&HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of land with the buildings and improvements erected thereon located in the Borough of Carlisle, Cumberland County,Pennsylvania,pursuant to a Preliminary Final Subdivision Land Development Plan for Mitchell S. Gelbaugh and Heather A. Barbour, recorded November 2, 2007 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 200741618,more particularly bounded and described as follows, to wit: BEGINNING at a point on the dedicated right of way line of Franklin Street(60 feet right of way) at the southwestern comer of land now or formerly of COC Associates as shown on the above Plan, South 88 degrees 29 minutes 58 seconds East 161.38 feet to a point; thence along the 16 foot private alley as set forth on the above Plan, South 13 degrees 15 minutes 00 seconds West 87.66 feet to a point; thence along Lot No. 2 as shown on the above Plan,North 76 degrees 45 minutes 00 seconds West 158.00 feet to a point;thence along dedicated right of way line of the said Franklin Street,North 13 degrees 15 minutes 00 seconds East 54.80 feet to a point,the point and place of beginning. BEING Lot No. I on the Preliminary/Final Land Development Plan prepared for Mitchell S. Gelbaugh and Heather A. Barbour. Containing 11,254.59 square feet(0.2584 acre). HAVING THEREON ERECTED A DWELLING KNOWN AS 1237 FRANKLIN STREET CARLISLE,PA 17013 TAX PARCEL NO. 06-19-1643-392. BEING THE SAME PREMISES WHICH Randy E.Finkey by deed dated 06/24/10 and recorded 06/28110 in Cumberland County Instrument No. 201017026,granted and conveyed unto David J. Dempsey. TO BE SOLD AS THE PROPERTY OF DAVID J. DEMPSEY ON JUDGMENT NO. 2013-01936 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1936 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff(s) From DAVID J.DEMPSEY (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due:$93,240.35 L.L.: $.50 Interest PER DIEM OF$11.65 TO SALE DATE 12/4/2013-$2,539.70 Atty's Comm: Due Prothy:$2.25 Atty Paid: $197.75 Other Costs: LATES CHARGES-$130.62-$18.66 PER MONTH TO SALE DATE 12/4/13 ESCROW DEFICIT-$1,970.55 Plaintiff Paid: Date: August 16,2013 David D.2 Bue , ProthonotaEy (Seal) 6� Deputy REQUESTING PARTY: Name: LEON P.HALLER,ESQUIRE Address: PURCELL,KRUG&HALLER 1719 NORTH FRONT STREET HARRISBURG,PA 17102 Attorney for:PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-01936 DAVID J.DEMPSEY, IN MORTGAGE FORECLOSURE DEFENDANT(S) RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on !c�$1�)o l 3 ' a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail,which mailing receipts are attached. Service addresses are as follows: DAVID J. DEMPSEY 1237 FRANKLIN STREET CARLISLE, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street ' Carlisle, PA 17013 TENANT/OCCUPANT 1237 FRANKLIN STREET r CARLISLE,PA 17013 ' r Pennsylvania Housing Housing Finance Agency ; 211 North Front Street P. O. Box 15057 Harrisburg, PA 17105-5057 By PURCE , UG &HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 �f LAW OFFICES�3�, 1714 NORTH FRONT STREET HOWARD B.KRUG HARRISBURG,PENNSYLVANIA 17102-2342 HERSHEY LEON P.HALLER TELEPHONE(717)2344178 (717)533-3836 JOHN W.PURCELL JR. FAX(717)234-1206 JILL M.WINEKA LISA RYNARD DAVID J. DEMPSEY 1237 FRANKLIN STREET CARLISLE, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 1237 FRANKLIN STREET CARLISLE,PA 17013 Pennsylvania Housing Finance Agency 211 North Front Street P. O. Box 15057 Harrisburg, PA 17105-5057 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by beiD,notified of said Sheriffs Sale. By: eon P. Haller PA I.D.15700 Attorney for Plaintiff U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-01936 DAVID J.DEMPSEY, IN MORTGAGE FORECLOSURE DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday,December 04,2013 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1237 FRANKLIN STREET CARLISLE,PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2013-01936 JUDGMENT AMOUNT $93,240.35 THE NAMES OF THE OWNERS OR REPurED OWNERS of this property is: DAVID J. DEMPSEY A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. I_T MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of land with the buildings and improvements erected thereon located in the Borough of Carlisle, Cumberland County, Pennsylvania,pursuant to a Preliminary Final Subdivision Land Development Plan for Mitchell S. Gelbaugh and Heather A. Barbour, recorded November 2, 2007 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 200741618, more particularly bounded and described as follows,to wit: BEGINNING at a point on the dedicated right of way line of Franklin Street (60 feet right of way) at the southwestern corner of land now or formerly of COC Associates as shown on the above Plan, South 88 degrees 29 minutes 58 seconds East 161.38 feet to a point; thence along the 16 foot private alley as set forth on the above Plan, South 13 degrees 15 minutes 00 seconds West 87.66 feet to a point; thence along Lot No. 2 as shown on the above Plan,North 76 degrees 45 minutes 00 seconds West 158.00 feet to a point; thence along dedicated right of way line of the said Franklin Street,North 13 degrees 15 minutes 00 seconds East 54.80 feet to a point, the point and place of beginning. BEING Lot No. 1 on the Preliminary/Final Land Development Plan prepared for Mitchell S. Gelbaugh and Heather A. Barbour. Containing 11,254.59 square feet(0.2584 acre). HAVING THEREON ERECTED A DWELLING KNOWN AS 1237 FRANKLIN STREET CARLISLE, PA 17013 TAX PARCEL NO. 06-19-1643-392. BEING THE SAME PREMISES WHICH Randy E. Finkey by deed dated 06/24/10 and recorded 06/28/10 in Cumberland County Instrument No. 201017026,granted and conveyed unto David J. Dempsey. TO BE SOLD AS THE PROPERTY OF DAVID J. DEMPSEY ON JUDGMENT NO. 2013-01936 7196 9008 9111 9610 3997 T®: DAVID J.DEMPSEY 1237 FRANKLIN STREET CARLISLE,PA 17013 SENDER: P01455/39734 REFERENCE: NOS 12/04/13 PS Form 3800 January_2005 RETURN Postage _ 66 RECEIPT Certified Fee SERVICE 3.10 Return Receipt Fee 2.55 Restricted Delivery 4.75 _ Total Postage&Fees �- USFW POSTMARK OR DATE Receipt for Certified Mail" No Insurarm Cararapa Prwt4ad Do Not Un for kMMtWIorW Mai e PENNSYLVANIA HOUSING FINANCE AGENCY v.DAVID J.DEMPSEY Cumberland County Sale 12/4/2013 U. S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: DAVID J.DEMPSEY 1237 FRANKLIN STREET CARLISLE,PA 17013 U.S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: Pennsylvania Housing Finance Agency 211 North Front Street P. O. Box 15057 Harrisburg, PA 17105-5057 U. S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: PostrrUrk: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle,PA 17013 w7NFV1BOWES 0004284324 AUG 28 201 MAILED FROM Zip cODE 1 710 2 PENNSYLVANIA HOUSING FINANCE AGENCY v. DAVID J.DEMPSEY Cumberland County Sale 12/4/2013 U.S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 1237 FRANKLIN STREET CARLISLE,PA 17013 �o I 4$1 F z` �_t �� wrHrr sowEs 02 1M $ 01.200 0004284324 AUG28 2013 MAILED FROM ZIPCODE 1 7102 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F. i_i_J Yl=.,. "F? : Sheriff r THE PRO T H O fi J F 0.0 0 Jody S Smith Chief Deputy 2014 JAN 31 AM 10: 414 Richard W Stewart CUMBERLAND COUNTY Solicitor O .CE PENNSYLVANIA US Bank National Association vs. Case Number David J Dempsey 2013-1936 SHERIFF'S RETURN OF SERVICE 09/20/2013 03:17 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1237 Franklin Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 09/20/2013 03:17 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Christine Stanberry, Step Daughter, who accepted as"Adult Person in Charge"for David J Dempsey at 1237 Franklin Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 11/26/2013 As directed by Leon P. Haller,Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 01/30/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $709.86 SO ANSWERS, January 30, 2014 RONNK R ANDERSON, SHERIFF P � ►`' 300° On August 22, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 1237 Franklin Street, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 22, 2013 By: LAt*Luz.Q._t (Dko Real Estate Coordinator 4 t LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-1936 Civil Term US BANK NATIONAL ASSOCIATION vs. DAVID J. DEMPSEY Atty.: Leon P.Hailer ALL THAT CERTAIN tract of land with the buildings and improve- ments erected thereon, located in the Borough of Carlisle,Cumberland County,Pennsylvania,pursuant to a Preliminary Final Subdivision Land Development Plan for Mitchell S. Gelbaugh and Heather A. Barbour, recorded November 2, 2007 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia at Instrument No. 200741618, BEING Lot No. 1 on said plan, con- taining 11,254.59 square feet(0.2584 acre) and having thereon erected a dwelling known as: 1237 FRANKLIN STREET, CARLISLE,PA 17013 TAX PARCEL NO. 06-19-1643- 392. Reference Cumberland County Instrument No.201017026. TO BE SOLD AS THE PROPERTY OF DAVID J. DEMPSEY ON JUDG- MENT NO. 2013-01936. 45 r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. --\>\--;v._ /1/:‘,._1 Y_. Lisa Marie Boyne, ditor SWORN TO AND SUBSC BED before me this 25 day of October, 2013 C , /, // , ...4._<.....r.■.r .,. / Notary �� NOTARIAL SEAL DEECRAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co.2020 Technology Pkwy a atriotXews Suite-300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2013/936 ChM Term This ad ran on the date(s)shown below: US BANK NATIONAL ASSOCIATION 10/13/13 vs. DAVID J DEMPSEY / // 10120/13 Atty:_Leon P.Hauer � ALL THAT CERTAIN tract of land with v/ 10/27/13� i the buildings and improvements erected thereon,located in the Borough of Carlisle, Cumberland County, Pennsylvania, / v // pursuant to a Preliminary Final Subdivision Land'Development Plan for Mitchell S. Gelbaugh and Heather A.Barbour,recorded Swo to nd subscribed before me this 11 day of November, 2013 A.D. November 2, 2007 in the office of the Recorder of Deeds in and for Cumberland County,200741618,Pennsylvania at Instrument osid No. (` vim/ �J 200741618,BEING Lot No.l on said plan, containing 11,25439 square feet (0.2584 ary Public acre)and having thereon erected a dwelling known as: 1237 FRANKLIN STREET, CARLISLE,PA•17013 '"_^r_"*r4"1' ALLT'OF PENNSYLVANIA TAX PARCEL NO.06-19-1643-392. Seal Reference Cumberland County Itjst?4ment lfaid Lynn tt r`; Notary,N tPublic No.201017026. Aashingt m T p.,Dluphin County TO BE SOLD AS THE PROPERTY OF My Commission Expires Dec.12,2016 DAVID J.DEMPSEY ON JUDGMENT C-EM3ES±,PENNSYLVANIA ASSOCIATION OF NOTARIES NO.2013-01936