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Home My WebLink About13-5063 Supreme Cour nnsylvania COuI`t fCOIlI1(l0 Yeas For Prothonotary Use Only: CtVi1J,C S t'et Docket No: CU k W �R lA�ib �' 2 County The informationn collecled on this form is used solely for court administration Purposes. .Thus farm does not siy)plernent or replace the fil and service of pleadin,rs or other papers as required by law or rules of court. Commencement of Action: Complaint El Writ of Summons [3 Petition ED Transfer from Another Jurisdiction [3 Declaration of Taking E, C Lead Plaintiff's Name: Lead Defendant's Name: T. US BANK NATIONAL ASSOCIATION JOSEPH J. PEKALA Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes No (check one) E]outside arbitration limits 0 1 1 N ; Is this a Class Action Suit? Yes El No Is this an MDJAppeal? El Yes [9 No A Name of Plaintiff /Appel]ant's Attorney: POWERS, KIRN & JAVARDIAN, LLC. (.-heck hire if you have no attorney (are a Self Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS rl Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections Nuisance 0 Dept. of Transportation rl Premises Liability 13 Statutory Appeal: Other S. Q Product Liability (does not include Employment Dispute: El E' mass tort) Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other El Zoning Board T Other: I] Other: MASS TORT Q Asbestos N Tobacco El Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment Common Law /Statutory Arbitration E] Eminent Domain /Condemnation E] Declaratory Judgment B [3 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations ©x Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 11 Quo Warranto Dental Partition Q Partition 0 Replevin 0 Legal Quiet Title Other: Medical Other: Other Professional: Updated 111/2011 1. !:+.� i "1; d�Y'0 Til, POWERS, KIRK & JAVARDIAN, LLC "flU Gregory Javardian, Esquire Id. No. 55669 a c.. r,, Mary F. Kennedy, Esquire Id. No. 77149 -:; ; I;U: u Meghan K. Boyle, Esquire Id. No. 201661 ��1 P Y Sean P. Mays, Esquire Id. No. 307518 r { Richard J. Nalbandian,111, Esquire Id. No. 312653��ti 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 ATTORNEYS FOR PLAINTIFF Telephone: 215- 942 -2090 U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET CIVIL DIVISION OWENSBORO, KY 42301 PLAINTIFF CUMBERLAND COUNTY VS. No. i35 � JOSEPH J. PEKALA COMPLAINT IN CHERYL A. PEKALA MORTGAGE FORECLOSURE 11 SHARON ROAD ENOLA, PA 17025 DEFENDANTS 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 this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPH THE OF A LAWYER. BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION IF YOU CANNOT AFFOR ABOUT AGENCIES LAWYE O PROVIDE YOU WITH INFORMATION MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800- 990 -9108 Cyr` 'S/63. PC ?- aRggc IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH. WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL ADV CE Q ONCERNING OUR RIGHTS AND ND OBLIGAT ONS IN ATTORNEY FOR N THIS SU T. POWERS, KIRN & JAVARDIAN, LL•C Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian,111, Esquire Id. No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215- 942 -2090 ATTORNEYS FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CIVIL DIVISION PLAINTIFF CUMBERLAND CO6 NTY � L� VS. � / 1 JOSEPH J. PEKALA CHERYL A. PEKALA COMPLAINT IN 11 SHARON ROAD MORTGAGE FORECLOSURE ENOLA, PA 17025 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. U.S. Bank National Association, (hereinafter referred to as "Plaintiff') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Joseph J. Pekala and Cheryl A. Pekala, (hereinafter referred to as Defendants) are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Joseph J. Pekala and Cheryl A. Pedala and itself as Mortgagee by Assignment. The Mortgage dated January 25, 2010, was recorded on February 5, 2010 in the Office of the Recorder of Deeds in Cumberland County in Instrument Number: 201003247. Plaintiff is the Mortgagee by Assignment by virtue of the following Assignment: Mortgage Electronic Registration Systems, Inc. As Nominee for 3rd Financial Service Corporation, An Ohio Corporation assigned its note and mortgage to U.S. Bank National Association recorded on July 19, 2013 in Assignment Id. No: 201323809 in the Office of the Recorder of Deeds in Cumberland County. A copy of the Mortgage and Assignment of Mortgage are attached and made a part hereof as Exhibits 'A' and 'B', respectively. 4. The Mortgage secures the indebtedness of a Note executed by Joseph J. Pekala on January 25, 2010 in the original principal amount of $122,812.00 payable to Plaintiff in monthly installments with an interest rate of 4.500 %. A copy of the Note is attached and made a part hereof as Exhibit I . 5. The land subject to the mortgage is 11 Sharon Road, Enola, PA 17025. A copy of the Legal Description is attached as part of the Mortgage as Exhibit 'A' and incorporated herein. 6. Joseph J. Pekala and Cheryl A. Pekala are the Record Owners of the mortgaged property located at 11 Sharon Road, Enola, PA 17025. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $106,560.28 Interest to 08/27/2013 $4,337.58 Accumulated Late Charges $270.15 Property Inspections $120.00 Taxes $457.24 Cost of Suit and Title Search $550.00 Attorney's Fees $1,650.00 Last Positive Balance ($216.62) TOTAL $113,728.63 plus interest from 8/28/2013 at $13.14 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with Notice of Intention to Foreclose ( "Act 6 Notice ") 41 P.S. Section 403. 10. The Notice of Intention to Foreclose was required, and Plaintiff sent the Notice pursuant to 41 P.S. 403 to the Defendants by regular and certified mail on January 7, 2013 to Cheryl A. Pekala and on April 3, 2013 to Joseph J. Pekala. A copy of the Notice is attached and made a part hereof as Exhibit'D'. WHEREFORE, Plaintiff requests the Court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiffs favor and against the Defendants, in the sum of $113,728.63 together with the interest from 8/28/2013 at $13.14 per day, costs of suit and attorney's fees. POWERS, KIRN & JAVARDIAN, LLC By: ❑ Gregory Javardian, Esquire Id. No. 55669 ❑ Mary F. Kennedy, Esquire Id. No. 77149 FR 'han K. Boyle, Esquire Id. No. 201661 n P. Mays, Esquire Id. No. 307518 hard J. Nalbandian, II1, Esquire Id. No. 312653 Attorneys for Plaintiff FXFTTRIT `A' �� ll HH IIA�NN ��pp OOOLGD This Instrument Prepared By: JACQUI GRIFFITH 3RD FINANCIAL SERVICE CORPORATION 762 MALLISON AVENUE AKRON, OH 44307 (330)535 -6005 After Recording Return To: 3RD FINANCIYL SERVICE CORPORATWffCC 14 AKRON�OH_AVON7 AVENUE 4 01 Fountain lakes BIva Loan 300507� Uniform P arcel Identifier Numtxr-. Saint Charles M4 63301 09- 14- 0835 - 041 Property Address: 11 SHARON RD ENOLA, PENNSYLVANIA 17025 (Space Above This Line For Recording Datal Non -ia9��9 MORTGAGE FFHA NO. — 9664172 -703 MIN: 1003984- 6800300507 - 8 THIS MORTGAGE ( "Security Instrument ") is given on JANUARY 25, 2010 The mortgagor is JOSEPH J PEKALA AND CHERYLA PEKALA t fIL(, rid UYIO((Ut (: ( "Borrower "). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ( "MERS ") as Mortgagee. MERS is the nominee for Lender, as hereinafter defined, and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, and has a mailing address of P.O. Box 2026, Flint, MI 48501 -2026 and a street address of 3300 S.W- 34th Avenue, Suite 101, Ocala, FL 34474, tel. (888) 679 -MERS. 3RD FINANCIAL SERVICE CORPORATION, AN OHIO CORPORATION ( "Lender ") is organized and existing under the laws of OHIO andhasanaddroisof 762 MALLISON AVENUE, AKRON, OHIO 44307 Borrower owes Lender the principal sum of ONE HUNDRED TWENTY —TWO THOUSAND EIGHT HUNDRED TWELVE AND 00!100 Dollars (U.S. S 122, 812 .00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which provides for monthly payments, with the fall debt, if not paid earlier, due and payable on FEBRUARY 1, 2025 FHA PENNSYLVANIA MORTGAGE - MERS DocMagic Q'i:yRZ Boo 649 - PAMTGZ.FHA 11/01/08 Page 1 of 10 www.dacmag7c.cam Ynnnrf nv xnA This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (r.) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose., Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in CUMBERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A'. A.P.N.: 09- 14- 0835 -041 which has the address of 11 SHARON RD iSo"l l ENOLA Pennsylvania 17025 ( "Property Addres "): [City] IZip Codel TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property: and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and Interest as set forth in the Note and any late charges, a suns for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for Insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ( "Secretary"), or in any year in FHA PENNSYLVANIA MORTGAGE - MERS DocMagic49�;am,.rw goaed i3 a? PAMTGZ.FHA 11 /01 /08 Page 2 of 10 www.dacmagx.com P.-JV . rnA which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance prerniurn to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may he required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. §2601 t seq and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ( "RESPA "), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender fro-Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all suns secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such suns, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for penis (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: FIRST to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; SECOND to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required-, THIRD to interest due under the Note; FOURTH to amortization of the principal of the Note; and FIFTH to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also Insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The Insurance politics and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may snake proof of loss if not made promptly by Borrower. Each Insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender Jointly. All or any part of the insurance proceeds may he applied by Lender, at its option, either (a) to the reduction of the Indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or FHA PENNSYLVANIA MORTGAGE . MERS DocMagic e; r.a, wa64313rz PAMTGZ.FHA 11/01/08 Page 3 of 10 www.docmagrc.conr 1Siwp..nu.xnd change the amount of such payments. Any excess Insurance proceeds over an amount required to pay all outstanding Indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower In and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after tile. execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is In default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the Iran application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger In writing. 6. Condemnation. The proceeds of any award or claim for damages, director consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount.ofthe indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to The entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest In the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other Items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest froth the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien In, legal proceedings which in the Lender's FHA PENNSYLVANIA MORTGAGE • MERS DocMagic elr;mrms eoo-64e. PAMTGZ.FHA 11/01/08 Page 4 of 10 www.dxmagic.com opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detefmines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or lake one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender Wray, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perfnmt any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall. if permitted by applicable law (including section 341(d) of the Gam -St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j -3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sunis secured by this Security instrument if: (i) All or part of the Property, or a beneficial interest Ina trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require Immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary- (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 DAYS from the date hereof, Lender play, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 DAYS from the dale hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lenderwhen the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are Instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current FHA PENNSYLVANIA MORTGAGE - MERS VOCMagic 0. ;IWar 800.6491362 PAMTGZ.FHA 11/01/08 Page 5 of 10 ~v.doemagic_com thmiy�.rlu.xml foreclosure proceeding, (it) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification of amortization of the stuns secured by this Security Instrument granted by Lender to any successor in Interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors In interest. Lender shall nut be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co- Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to tlhe provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the suns secured by this Security Instrument; and (r.) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Properly is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can he given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15- Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is lusted that relate to health, safety or environmental protection. FHA PENNSYLVANIA MORTGAGE - MERS DocMagic C: ,n>cz 8W619 -1367 PAMTGZ.FHA 11/01/09 Page 6 of 10 www.docmagw mm PmrtgtA-1 NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall he entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any tine there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding and /or invoke any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided or referred to in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary, and the Secretary requires immediate payment in full under paragraph 9, the Secretary may Invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 et Mg.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. FHA PENNSYLVANIA MORTGAGE • MERS OocMavic C.np 800.66 911362 PAMTGZ.FHA 11/01/08 Page 7 of 10 tvww.docmag/c.com P. Jv, 0u .ml 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall he incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)). ❑ Condominium Rider ❑ Graduated Payment Rider ❑ Growing Equity Rider ❑ Planned Unit Development Rider ❑ Adjustable Rate Rider ❑ Rehabilitation Loan Rider ❑ Non -Owner Occupancy Rider ❑ Other ISpecify) BYSIGNING BELOW, Borrower accepts and agrees to the terms contained in pages 1 through 10 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. (Seal) (Seal) jJ 4SEAKA Borrower CHERY PEKALA Borrower QW (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower Witness: Witness: i FHA PENNSYLVANIA MORTGAGE • MERS DocMagic Hnrrarx, eoa.s4a 1362 PAMTGZ.FHA 11/01/08 Page 8 of 10 www.doemagio.eom goy�.n,.,oe [Space Below This Line For Acknowledgment] State of PENNSYLVANIA County of CUMBERLAND COUNTY On this the LS day of % /rte �K �✓t ��t� before me the undersigned officer, personally appeared JOSEPH J PEKALA AND CHERYLI4PEKALA� f wt.62nd and U/,'� known to me (or satisfactorily proven) to be the person(s) whose names) i. re subscribed to the within instrument and acknowledged thaUwlsite /executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. [ COM 1 1DNW—ALTH OF PENNSYLVANIA Notarial Seal �Y Of I p �Publfc My Callrnissiort EW>Iroe 21 ore Member, PennsyivsMa Assodettort of Notarlss rated Nate A (Seal) Title of Off r My commission expires: 71 k& I FHA PENNSYLVANIA MORTGAGE - MERS DocMagic CP;-R -rr; 8MB49 - 1361 PAMTGZ.FHA 11/01108 Page 9 of 10 www- docmagic.com Mmp,�.eu.xml Certificate of Residence of Mortgagee The undersigned hereby certifies that: (i) he /she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within instrument; and (tt) Mortgagee's precise residence is: 3300 S. W. 34th Avenue, Suite 101, Ocala, FL 24474, P. 0. Box 2026, Flint, Michigan 48501 -2026 Witness my hand this" day of 6&U,2,01 Si flat onga g ee's Duly Aut o tzed Attorney or Agent I& Q 4. E r Type or Print Name of Mortgagee or Mortgagee's Duly Authorized Attorney or Agent FHA PENNSYLVANIA MORTGAGE • MFRS DDCMagiCe�W 800.649-7362 PAMTGZ.FHA 1110110B _ Page 10 of 10 www.doem gic.com Appendix .A ALL THAT CERTAIN lot of ground situate in East Pennsboro Township, Cumberland County. Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the south aide of Sharon Road (40 feet wide) as shown on the hereinafter mentioned Plan of Lots, at the dividing line between Lots Nos. 10 and 11 on said Plan; thence South 3 degrees 4 minutes East along said dividing line a distance of one hundred eighty (180) feet to Lot No. 12; thence North 85 degrees 25 minutes West along Lots Nos. 12 and 13, a distance of eighty (80) feet to Lot No. 9; thence along said hot NO. 9. North 3 degrees 4 minutes West, a distances of one hundred eighty (180) feet to the Southerly line of Sharon Road; thence along the Southerly line of Sharon Road South 85 degrees 25 minutes Bast, a distance of Eighty (80) feet to Lot No. 11, the place of BEGINNING Being the same property or a portion of the same property conveyed to Joseph J Pekala and Cheryl A Pekala, Husband and Wife by Instrument dated March 31, 1999 from Catherine E Banker filed on April 01, 1999 as Document Number and in Book 196 at Page 850 in the Cumberland County records. Commonly known as: 1 I Sharon Road, Enola, PA 17025 Parcel Number: 09 -14- 0835 -041 ROBERT P. ZIEGLER RECORDER OF DEEDS !� CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 = 717- 240 -6370 Instrument Number - 201003247 Recorded On 2/5/2010 At 11:17:08 AM * Total Pages - 12 • Instrument Type - MORTGAGE Invoice Number - 60506 User ID - AF • Mortgagor - PEKALA, JOSEPH J * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC • Customer - NETCO * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $25.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $76.00 I Certify this to be recorded in Cumberland County PA oovtr� RECORDER O D DS t»o * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOLGD III 11111111111111111 1 1111111 EXHIBIT'B' 13 -0544 CERTIFIED PROPERTY IDENTIFICATION NUMBERS 09 -14- 0835 -041 - EAST PENNSBORO Prepared By: CCGIS REGISTRY 07/19/2013 BY DC Powers, Kith & Javardian, LLC 1310 Industrial Blvd., Ste. 101 Southampton, PA 18966 Return to: Powers, Kim & Javardian, LLC 1310 Industrial Blvd., Ste. 101 Southampton, PA 18966 CPN (UPI)# 09 -14- 0835 -041 ASSI GNMENT OF MORTGAGE FOR VALUE RFC E.1VED, the receipt and sufficiency of which is hereby acknowledged, the undersigned: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR 3RD FINANCIAL SERVICE CORPORATION, AN OHIO CORPORATION (Assignor) hereby sells, transfers, assigns, conveys and sets over to: US BANK NATIONAL ASSOCIATION (Assignee), its successors, representatives and assigns, all its rights, title and interest in that certain Mortgage executed by Joseph J. Pekala and Cheryl A. Pekala dated January 25, 2010 and recorded February 5, 2010 at Instrument No. 201003247 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. Property: 11 Sharon Road, Enola, PA 17025 Mortgage Amount: $122,812.00 Original Lender: Mortgage Electronic Registration Systems, Inc., as nominee for 3rd Financial Service Corporation, An Ohio Corporation TOGETHER WITH THE REAL PROPERTY therein described and the indebtedness thereby secured, having this date sold to therein named assignee. File No. 13 -0544 TO EXERCISE the said rights, powers and privileges set forth therein in as full as a manner as the undersigned is authorized to exercise the same. IN WITNESS WHEREOF, the undersigned has caused this instrument to be signed in its behalf by its duly authorized officers and caused its Corporate seal to be affixed this 1 day of , 2013. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR 3RD FINANCIAL, SERVICE CORPORATION, AN OHIO CORPORATION Name: Paula LyiZ L..aslie Title: Assistant Secretary State of Kentuc County of Daviess On v l t 1� �`'�J�►�� before me, �l�l (.11�( NotaryI'ublia, Personally appeared Paula Lynn Laslie, Assistant Secretary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Kentucky that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature (Seal) Ay # : OFF101AL 611AL som EASLER k NOTARY TAT9 AT LARGE CKY My Commission Expires: (• '1 • MyCOMM Exp Irea llov.7,201e ID N 478051 I hereby certify that the address of the assignee is: 4801 Frederica Street Owensboro KY 42301 Apnendiz A ALL THAT CERTAIN lot of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania. more particularly bounded and described as follows: BEGINNING at a point on the south aide of Sharon Road (40 feet wide) as shown an the hereinafter mentioned Plan of Lots, at the dividing line between Lots Nos. 10 and 1 l on said Plan; thence South 3 demos 4 minutes East along said dividing line a distance of one hundred eighty (I SO) feet to Lot No. 12; thence North S5 degrees 23 minutes West along Lots Nos. 12 and 13, a distance ofelghty (80) feet to Lot No. 9; thence along said bot NO. 9. North 3 degrees d minutes West, a distances of one hundred eighty (180) filet to the Southerly line of Sharon Road, thence along the Southerly lint o,`'Sharon Road South 85 degrees 25 minutes Oust, a disthuxo of.Eighty (80) fe €t to Lot No. 11, tha place of BEGINNING Doing the same property or aportion of the same property conveyed to Joseph J Pekata and Cheryl A Pekala, Husband and Wife by instrument dated March 31, 1999 from Catherine EBanker:filed on April 01, 1999 as Document Number and in Book 196 at Page 850 in the Cwnbcrland County records. Commoniyknown as: 1 I Sharon Road, Enola, PA 17025 Parcel Number. 09-14-0835-041 i i ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 - 717 -240 -6370 _ Instrument Number - 201323809 Recorded On 7/19/2013 At 11:16:21 AM * Total Pages - 4 • Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 142391 User ID - BMM • Mortgagor - PEKALA, JOSEPH J • Mortgagee - U S BANK N A • Customer - SIMPLIFILE LC E- RECORDING, * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $12.00 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $56.00 I Certify this to be recorded in Cumberland County PA i a au,ye RECORDER OF DEEDS nso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. EXHIBIT `C' ti: 1 33Ei 5; taG30C�5{77 -3 Loan Number: NOTE FCtel case i\ ;;�I172 -_�:� J.'�.�; :six• 25, 201C AKP,01 OF i0a;z1 100 !stool 11 SHAY , W RD, EN01A, P :7711 ,w YL ANTA 1 -7025 tPitj"y AUres5j 1, PARTIES "Sorrowver" imam each person signing at the end of this Note., and the person's successors and assigns. Lender "means 3RD f'INANC;IAL S "ER C�OzZ-'Ci'�r =_'Ig3, 1 0.?ICt CORPORATION and its successors and assigns, 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loco received front Lender, Borrower promises to pay the principal sum of ONE HUNDRED V4 - PNT'Y - - ;W T:1'C:t;iM4 - 0 ETC-111" UUNDRED ":ttiEVV AND 0011010 Dobtars (tf.S. S 122,1312.00 plus interest, to the order of Lejuber, Interest %ill be charged wt uappold principat, fmin ihe, date of disbursr.itimi of the, loan proceeds by Lender. at the rate. of I OUR AND 5 u ( 0 00 percent ( 4.500 1,1Q per year until the full anwunt rtf principal has been paid, 3. PROMISE TO PAY SECURED 13(urumr's promise to pav is secured by a mortgage, (teed of trust or sirnilar smurity Instrument that Is dated the same date as this Note and culled the "Security instrument." The Seatrity Instrument protects the Leaderfmm tosses which Inight result if Borrower defautts under this Note. d. MANNER OF PAYMENT (A) Time Burrower shalt make a payhnent of principal and interest to Lender an the 15t flay of each m(mth beginning on MA Rtizb 1, 2010 Any principal and interact rmiaining on the " day of 2 CEERU RY, 02 S will he due on that date, which Is vAlod the "Maturity Dale, (R) Place Payment snail bt made at 702 t?Ii` LLI:SON AVEVUE, AK'cECN, 4F110 44307 or at such other place as lender may designate in writing; by notice to Ilorrmver. (C) Amount Each monihly payment of principal and interest will be in the antoant of U,S• S 93 9. 50 This amount mill be part of a larger monildy payruent required by the Security Instrument, that %ball be applied to principal, interne t and other items In the order described in the Security instrument. (ba) Allonge to this !Note~ for Payment Adjustments If an allonge providing for payment adjustments Is executed by Borrower togetherwwith this Note, the covenants of like aitonge shall be incorporated into and slndl amend and supplement the covenants of this Note as if the allong,e were a part of this Note. MULTISTATE • FHA FIXED RATE DOTE varrAaglcC - Ixa s`»64sraaa USFHAJITE 10M VW) P ge 1 of 3 svv=4evcraagiacam L?tranaxr t (Check applicable box.) Q Growing Equity AtIonge C] Graduated Payment Alio ige (;a Other (specify]. 5. BORROWER'S RIGHT TO PREPAY Borrower has the right io pay tits debt evidenced by this ;tote, in wbolc or In part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on outer da, s provided that Borrower pays intemst on The amount prepaid for the remainder of the month to the extent required by Lender and permited by regulations of the Secrrtaty. If Borrower makes a partial prepa yment, there uili be no changes in the due date or in the amount of the monthly payment unless bender a grees hn writing to those changes. 6. BORROWEWS FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not receh"I the fait monthly payment required by the Security Instrunienf, as described in Paragraph 41C) of this Dote: by the end of fifteer, calm dar,tlays after the payment is duc. Lender may collect a late charge in theamounto.r =, uR AND dtG011000 percent ( 4,000 ?L) of the overdue atramnt of each payment. (B) Def=ault If Borrower defaults by failing to pay in fiat any monthly pavmtent, then Lender nhay, except as limited by regulations of the Secretary in thetruseofpa}1nenrdefauits, require lnum €:diatepa,2nent in full of the principal balance remaining due: and all accrued Interest. Lender may choose mot to exercise this option without wait =ing its rights In tht, event of any subsequent default. In m:uay cirrunrstanrrs, tega(h €rhons iszucd by to Serrnt:tryvvilt limit Lcrufcr's rights to require Inunediate payment in full in the weofpaymentdefiults. This Vote does not authorise acceleratinn w'heo not permitted by HUD regulations. As used in this Note, "Secretary" reams the Secretary of Iloushig and Urban Development or his or her designee. (C) Payment of Gusts and Experts" IfLeuder has regnire d imntethampaymtnt in tuft, as described ahrn -e. Lender may require Roretivwr to pals costs and expenses ircluding reavoitabie and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of i ishursemmrot at rite same ratty as the principal of this Note. 7. WAIVERS Borrower and any otter person who has obligations under this .Dote waive the rights of presentiaent and notice of dishotior. '*Presentment" means the right to require Lender to demand payment tot amounts due. "Notice of Dishonor" means the right to require. Lender to give under to tither persons that amounts due have not been paid, 8. GIVING OF NOTICES Linless apptiolote taiv requires a different method, any m#9ce that mast be giv" to Borrower under this None will be given by delivering it or by mailing it by first class mail to Borrnvr'er of the Property Address above or at a differeut address if Borrower has given Lender a notice of 3ntrmvlr s different address. Any notice drat must be given to Lender ender this Mote will be given by delivering it or by mailing it by first class mail to Lender at tine address stated in Paragraph 4 (13) 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 hole, each petsnn is fully and personally obligated to keep all of the promises made in this Note, including (be promise to pay (lie full ionourn (med. Any person lobo is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over Utew obligations, including the obligations of a guarantor, surety or endorser (of this Note, Is also obligated to keep all of the promises made in MUt.71517AU - FHA FIXED RATE NOTE OatatagiC P..- '•`.'w"? -'"�, BCGfias.a3&: USMANTE W12.WZ °y 2erf ivcv€v.dacmayccam u��.vn.ms this Note. Lender may enforce its fights wider this Note against each person individually or against all signatnrie together. Any arse person smiting this dote may ht required to pap all of the amounts owed under this Note. 13Y SIGNMG BELOW. Bormver accepts and agrees to the icrnts and rovenants contained In this Vote., ?E is -AI A _ (Seat) - (Seal) 1 - Borrower -Borrower (Seal) (Seal) - 1301mwver Borrower (Seal) (Scar) Barrmw °er Borrower PAY TO HE ORDER O U.S. BANK M.A.. S I.THOUT REC<Y.JRS£ 3RD FTNANCIAL Sl:;i?Lr' =t.`E O , AN OHIO CO??T':3PATIG'Ic; BY. � ITS: [Sign &i;4rt171 001 MI TATATE • FHA FIXED RATi tdOYE _ Docb7apic rw roc ppo�x„t. tJSFHA.NV- CSIZV09 PW 3 01`3 tvn v✓,BCGtra i 1 orrr i «stua.ms.aet EXHIBf1' `IY M T1 • i � t i �bank U -S. BANK HOME MORTGAGE 4801 Frederica Street January 07, 2 013 PO Box 20005 * Owepsboro ,Ky 42301 * CHERYL PEKALA 11 SHARON RD 91 7199 9991 7n32 7079-5866 ENOLA PA 17025 RE. Loan No NOTICE OF INTENTION TO FO CLOSE The mortgage held by U. S. Bank Home Mortgag , (hereinafter we, us or our) on your property located at: 11 Sharon Rd, Enola PA 17025 is in serious default because you have fail to ake the monthly payments) of $ for the the of - d the monthly payment(s) of $ for the ftionthd of 1 ' e charges (and other charges) have also accrued in the dmount of . 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 $ 3459.32. THIS NOTICE TS SENT TO YOU IN AN ATTEMPT TO LLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTA2*ED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUS Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You may dispute the validity of the debt or any portion thereof within thirty three (33) days of receipt of his letter. You may cure this default within thirty thre (33) days of the date of this letter, by paying to us the above amour of $ 3459.32, plus any additional payments and late charges which m y fall due during this period. Such payment must be made in the fo; of certified check, cashier's check or money order, and made payable to: U. S. Bank Home Mortgag 4801 Frederica Street Owensboro KY 42301 If you do not cure this default within thirty hree (33) days, we in- tend to exercise our right to acelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original.mortgage in monthly payments. If full payment of the amount of default is not made within thirty three (33) days, we also intend to start a lawsuit to foreclose on yoiLr mortgaged property. If the mortgage is foreclosed, your mortgage� property will be sold by the Sheriff to pay off the mortgage debt. l If you cure the default before we begin legal proceedings against yo ' you will still have to pay the reasonable attorney's fees actuary incurred up to $50.00. usbank.eom Q Menib� Fb1C �iraEri banK U.S. BANK HOME MORTGAGE 4801 Frederica Street RE: Loan No. PO Box 20005 Owensboro, KY 42301 However, if legal proceedings are started a inst you, you will have to pay the reasonable attorney's fees even i they are over $50.00. Any attorney fees will be added to whatever ou owe - us: If you - -cure this default within the thirty day period, y u will not be required to pay the attorney's fees. YOU HAVE THE RI HT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE ORECLOSURE PROCEEDINGS THE NON -- EXISTENCE OF A DEFAULT OR ANY OTHER EFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If. you have not cured the default within the thirty day period and for closure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before t e Sheriff's foreclosure sale. You may do so by paying the total due, as well as the reasonable attorney's fees and costs incurred in connec ion with the foreclosure sale (and perform any other requirements and r the mortgage). It is estimated that the earliest date that such al Sheriff's Sale could be held would be approximately six months from he date of this letter. A notice of the date of the Sheriff's Sale w be sent to you before the sale. Of course, the amount need d to cure the default' will increase the longer you wait. You may ind out at any time exactly what the required payment will be by calling us at the following number: (800) 365 - 7900. This pa ent must be in the form of certified check, cashier's check or order and made payable to us at the address stated above. ou should realize that a Sheriff's Sale wall end your ownership o£ he mortgaged property and your right to remian in it. If you cont� nue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have the additional rights to help protect your interests in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MON 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 ATTORN FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED)_ CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS MIGHT EXIST. YDU HAVE TH RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON Y UR BEHALF. If you cure this default, the mortgage will e restored to.the same position as if no default had occurred. How you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Loan Administration Default Reporting Loan No. 6800300507 80.0 -365 -7900 usbank.com l�we *rcnC ir�tain I f f rmqban U.S, BANK NATIONAL ASSOCIATION RESIDEWIAL MORTGAGE DEFAULT M NlACEMEM 4801 Frederica Street Apri 03, 2013 P.O. Box 20005 Owensbuo, XY 42301 Joseph J Pekala 91 71 9 9991 703E 3407 7281 11 Sharon Rd Enola PA 17025 RE: Loan No. NOTICE OF INTENTION TO FO ECLOSE The mortgage held by U. S. Bank Home Mortgag , (hereinafter we, us or our) on your property located at: 11. Sharon Rd, Enola PA 17025 is in serious default because you have fail to 4 the monthly payments) of $ � for the months of 11 P the monthly payment (s) of $ ; �_ f or the o h of / % M charges (and other charges ) have also a trued in the amount of aLfi) The total amo now required to � this default, or in other words, get caught up in your paymen s, as of the date of this letter is $ 7018.38_ THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUS Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You may dispute the validity of the debt or y portion thereof within thirty three (33) days of receipt of his letter. You may cure this default within thirty thre (33) days of the date of this letter, by paying to us the above amou of $ 7018.38, plus any additional payments and late charges which m�y fall due during this period. Such payment must be made in the fo of certified check, cashier's check or money order, and made pa ble to: U. S. Bank Home Mortgage 4801 Frederica Street Owensboro KY 42301 If you do not cure this default within thirt three (33) days, we in- tend to exercise our right to acelerate the ortgage payments. This means whatever is owing on the original amo t borrowed will be e .Qered due"xttmediately and you may lose the chance to pay off the original mortgage in monthly payments. If full payment of the amount of default is•not made within thirty three (33) days, we also intend to start a lawsuit to foreclose on yo r mortgaged property. if the mortgage is foreclosed, your mortgage property will be sold by the Sheriff to pay oft the mortgage debt. If you cure the default before we begin legal proceedings against y you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. usbank.com Membv FU bank. i U.S. BANK NATIONAL ASSOCIATION RESIDENTIAL MORTGAGE DEFAULT NW"GEMENT j i 4501 Frederica Street RE: Loan No. j P.O. Box 20005 Owensboro, KY 42301 However, if legal proceedings are started a inst you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney fees will be added to whatever ou owe us.' If you cure this default within the thirty day period, u will not be required to pay the attorney's fees. YOU HAVE THE RI F TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE ORECLOSURE PROCEEDINGS THE NON- EXISTENCE OF A DEFAULT OR ANY OTHER EFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpai principal balance and all other sums due under the mortgage. If u have not cured the default within the thirty day period and for closure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before t e Sheriff's foreclosure sale. You may do so by paying the total duel, as well as the reasonable attorney's fees and costs ,incurred in connec ion with the foreclosure sale (and perform any other requirements under the mortgage), it is estimated that the earliest date that such alSherif.f's Sale could be held would be approximately six months from he date of this letter. A notice of the date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount need d to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be bye calling us at the following number: (800) 365 -7900. This payment must be in the form of certified check, cashier's check or money order and made payable to us at the address stated above. IY should realize that a Sheriff's Sale will end your ownership of ithe mortgaged property and your right to remian in it. If you continue to live in the property after the Sheriff's Sale, a lawsuiticould be started to evict you. You have the...addition, 1 rights to help protest your interests in the Property. YOU HAVE THE RIGHT TO SELL THE PR�PERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHE LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY ,SUBJECT TO THE IMORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DIBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED)_ CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS MIGHT EXIST. YOU HAVE T* RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON Y UR BEHALF. If you cure this default, the mortgage will e restored to the same position as if no default had occurred. How ver, you are not entitled to this right to cure your default more than three - (3) times in any calendar year. Sincerely, Loan Administration Default Reporting Loan No. 6800300507 800 -365 -7900 ushanLcom { MemtrFUc Ymcift7 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleadings are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the w. statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Cathy M. Layman Vice President U.S Bank National Association Pekala, Joseph J. 13 -0544 POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 t Mary F. Kennedy, Esquire Id. No. 77149 r a � ? `" " ? Meghan K. Boyle, Esquire Id. No. 201661 C, Sean P. Mays, Esquire Id. No. 307518 �' i'r� ; ?i Richard J. Nalbandian, III, Esquire Id. No. 312653 Lifa'i;" {' 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215- 942 -2090 ATTORNEYS FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY vs. •5�,�3 �� G �l� No. 3 C JOSEPH J. PEKALA CHERYL A. PEKALA COMPLAINT IN 11 SHARON ROAD MORTGAGE FORECLOSURE ENOLA, PA 17025 DEFENDANTS NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. 4 1 - 4 14 Date Respectfully submitted, ❑Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑Me 'han K. Boyle, Esquire Id. No. 201661 ❑ an P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No.312653 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Date Financial Worksheet Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/ PRIMARY APPLICANT Borrower name(s): 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: Number of people in household How long: CO- BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION 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 Insurance:$ Date of Last Payment: Primary Reason for default: Is the loan in Bankruptcy? Yes ❑ Nor If yes provide names, location of court, case number & attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile 41: Model Year: Amount owed: $ , Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $ MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description (not wages): 1 • monthly amount $ 2. monthly amount $ Borrower Pay Days: Co- Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto fuel /repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day /Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance Yes ❑ No ❑ If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ❑ No ❑ If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name) Contact: Phone AUTHORIZATION I /We authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their b bank accounts. us and personal Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T -EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard 2nd Floor, Suite 202 Southampton, PA 18966 (tel) 215- 942 -9690 (fax) 215- 942 -9695 Attention: Jennifer McGarrity (tel) 215 942 -2090 ext. 1326 jennifer.mcL4r—rity@pkille.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy AM * 10 Richard W Stewart Solicitor U.S. Bank National Assocation Case Number V& 2013-5063 Joseph J Pekala let al.) SHERIFF'S RETURN OF SERVICE 08/28/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Cheryl A Pekala, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 11 Sharon Road, East Pennsboro, Enola, PA 17025. Deputies were advised by co-defendant, that the defendant no longer resides at this address,they are divorced, he has not contact information for her. 08/28/2013 11:04 AM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Joseph J Pekala at 11 Sharon Road, East Pennsboro, Enola, PA 17025.. J DIMARVQE, :PUTY SHERIFF COST: $60.95 SO ANSWERS, August 30, 2013 RbN FANDERSON, SHERIFF (C)Counly-SuRe Shentf,Teleosoft.Inc. #13-0544 } .�, {... 3 POWERS, KIRN& JAVARDIAN, LLC t ': - PRO i 11ONd fAr, By: Jill Manuel-Coughlin 21113 OCT - I AM 1, Attorney Id# 63252 1310 Industrial Boulevard, 2nd Floor, Suite 202 UMBERLAND COUNTY Southampton, PA 18966 PENNSYLVANIA Telephone: 215-942-2090 Attorneys for Plaintiff US BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY Joseph J. Pekala and Cheryl A. Pekala Defendant(s) No. 13-5063 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE COURT: Kindly Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty(30)days. Jil Man el-Coughlin Attorney Id# 63252 POWERS, KIRN& JAVARD N, LLC Attorneys for Plaintiff Dated: September 27, 2013 41 ea 9f/9 otaquauct, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILE J-Q FJc; Sheriff HE 0,k,0i Comb eel 'T vzoN Jody S Smith Deputy Deputy 28 3 DEC _6 PM 12: (1 �µ� $$ Richard W Stewart " ' '*,, CUMBERLAND COUNTY Solicitor OF CE OF THE SHERIFF. PENNSYLVANIA U.S. Bank National Assocation vs. Case Number Joseph J Pekala (et al.) 2013-5063 SHERIFF'S RETURN OF SERVICE 10/02/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Cheryl A Pekala, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 10/10/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure returned by the Sheriff of Dauphin County, the within named Defendant Cheryl A Pekala, not found. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 10/31/2013 Jody S. Smith, Cheif Deputy, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Cheryl A Pekala at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. 6 `S` . JODY S. WITH, DEPUTY • SHERIFF COST: $109.15 SO ANSWERS, 1 ;;;K:' - November 26, 2013 RONNY ANDERSON, SHERIFF (C)CcuntySul;e Shontr.Tc!eoscf,1,1c. • POWERS,KIRN&JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id.No. 55669 JILL MANUEL-COUGHLIN,ESQUIRE Id No. 63252 ;r DANIEL C.FANASELLE, ESQUIRE Id No. 312292 "`' a a: r U ,"y .., RICHARD J.NALBANDIAN,III,ESQUIRE Id No. 312653 ; 1310 INDUSTRIAL BOULEVARD 1` _ l 2nd Floor, SUITE 201 SOUTHAMPTON,PA 18966 (215)942-2090 U.S. Bank,National Association COURT OF COMMON PLEAS 4801 Frederica Street Owensboro, KY 42301 CUMBERLAND COUNTY vs. No.: 13-5063 Civil Joseph J. Pekala Cheryl A. Pekala 11 Sharon Road Enola, PA 17025 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Joseph J. Pekala and Cheryl A. Pekala, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $113,728.63 Interest 8/28/2013 to 3/3/2014 2,470.32 TOTAL $116,198.95 I hereby certify that(1) the addresses of the Plaintiff and Defendant(s) are as s•own above, and (2)that notice has been given in accordance with Rule 23A.1, cop attached. If A f)0 11 LA ■ 4 re„•! &v7!n, Esquire Id.N•11•69 1l Jill anuel-Coughlin, Esquire Id •. .3252 1 Daniel C. Fanaselle, Esquire Id No. 312292 ❑Richard J.Nalbandian, Esquire Id. No. 312653 Attorneys for Plaintiff 1 Damages are hereby assessed as indicated. DATE: PROTHONOTARY a d‘",% .��3dac�a 3 • POWERS,KIRN&JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 JILL MANUEL-COUGHLIN, ESQUIRE Id No. 63252 DANIEL C. FANASELLE,ESQUIRE Id No. 312292 RICHARD J.NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 201 SOUTHAMPTON, PA 18966 (215)942-2090 U.S. Bank, National Association COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Joseph J. Pekala No.: 13-5063 Civil Cheryl A. Pekala VERIFICATION OF NON-MILITARY SERVICE Jill Manuel-Coughlin, Esquire, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) Defendant(s), Joseph J. Pekala and Cheryl A. Pekala, is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, Joseph J. Pekala, is over 18 years of age, and resides at 11 Sharon Road, Enola, PA 17025. (c) Defendant, Cheryl A. Pekala, is over 18 years of age, and resides at 11 Sharon Road, Enola, PA 17025. (d) Plaintiff, U.S. Bank, National Association, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 4801 Frederica Street, Owensboro, KY 42301. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. _.1 l�11,1 v -v• I ■ rego Javar. an, Esquire . o 69 hi Jill Manuel-Coughlin, Esquire Id . 252 ❑Daniel C. Fanaselle, Esquire Id No. 312292 ❑Richard J.Nalbandian, Esquire Id. No. 312653 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of:Mar-05-2014 09:05:01 AM SCRA 3.0 Pursuant to Service-members Civil Relief Act Last Name: PEKALA First Name: JOSEPH Middle Name: J Active Duty Status As Of: Mar-05-2014 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 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 Date 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 Call-Up to Active Duty on 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 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. At/101 lit A A ate' ar 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)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data 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 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). 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. In the event the individual referenced above,or 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 of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on 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 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on 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 2010 only some of the active duty periods less than 30 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 to a national emergency declared by the President and supported by 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(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA 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 as on 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§101(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 to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. 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 or 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 of 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 an erroneous certificate to be provided. Certificate ID: J7R933EFAOFDLAO - PAGER Case Locator - View Page 1 of 1 pACER Bankruptcy Party Search CaseLocator Mar 5 10:07:48 2014 Locatrib or 1 record found User: gj1188 P Client: Search: Bankruptcy Party Search Name Pekala,Joseph 188541653 All Courts Page:1 Party Name 7 Court Case Ch Date Filed Date Closed Disposition I Pekala,Joseph J(db) pambke 1:00-bk-03894 13 09/07/2000 07/01/2004 Standard Discharge 05/18/2004 Receipt 03/05/2014 10:07:49 124875404 User gj1188 P Client Description Bankruptcy Party Search Name Pekala,Joseph 188541653 All Courts Page:1 Pages 1($0 10) https://pcl.uscourts.gov/view?rid=QJc3k89M8yI4nZv6kTS5I7J2Pi7D7esDdtIJY28X&pa... 03/05/2014 . . . ' #13-0544 POWERS,WKN&WvAKDNN,LLC GREGORY]xvxKDk\N.ESQUIRE ID. NO.55669 JILL MANUEL-COUGIILIN,ESQUIRE ID.NO.63252 J0LANTAPEKALGK\ESQUIRE ID.NO.307968 DANIEL C. ;xNx82Ll.E. ESQUIRE ID.NO.312292 RICHARD J.NALDAND!AN.III,ESQUIRE ID.NO.3lZ653 MAT[8Ew].KJCD0NNELA'ESQUIRE ID.NO.313549 1310 INDUSTRIAL BOULEVARD ]"»FLOOR,SUITE 2OZ S0DTHA*4PTQN.PA 18966 (215)942-2090 ATTORNEYS FOR P1 A1NT1FF V.8.QKNI:NATIONAL ASSOCIATION IN TIlE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. NO. 13-5063 CIVIL JOSEPH 1.PEKA[A AND CHERYL A. pkKALx DEFENDANTS Joseph J.Pekala Cheryl A.Pekala || Sharon Road II Sharon Road Enola,PA 170I5 [xv|*.PA 17025 Joseph J. I'ekala Cheryl A..Pekala 61 IA Geneva l)rive-Apt. 10 6||&Geneva Dm,c+\p/. 10 Mechanicsburg, PA 17055 KJcchuoieahx,B.PA 17055 Joseph J. Pekala Cheryl A. Pekala 2800 Catherine Street 2800 Catherine Street Harrisburg,PA 17109 8,nisbvqg,pxi7l0v Joseph J.Pekala Cheryl A. Pekala 1710 Market Street,Apt.22 1710 Market Street,Apt. 22 Camp Hill,PA 17011 Camp Hill,vA |7O|| ^� DATE OF NOTICE: Deconboa .2013 NOTICE,RULE 237.| IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless you act within ten(10)days from the date of this notice,a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawer or cannot afford one,go to or telephone the following office to find out where you can get legal help. MidPenn Legal Services Cumberland County Bar Association 8 Irvine Row 32 S.Bedford Street Carlisle,PA 17013- Carlisle,PA )70(3- Phone:717-243-9=100 Phone:717-249-3166 O Gregory lvardian,Esquire Id.No.55669 O .9 Manue-Coughlin,Esquire Id.No.63252 '414olanta Pekalska, Esquire Id.No.307968 O Daniel C.Eanaselle, Esquire Id.No.312292 o Richard J.Nalbandian, Ill,Esquire Id.No.312653 0 Matthew j. McDonnell, Esquire Id.No.313549 Usted se eneuentra eammdo de rebeldiavmov!whet tornado maccionmpiid^dc*partewesteqm Al no tomar Is accion debida dent de woummmdom`z(|muim*opmmmiowmion,a tribunal yodrx sin necc .damocoumnmure*,ust, m cone vmcuchx prueba alguna, metar seunnoiumm contra,Listed,,u|upmu,m*unymu orremox/w,^mm^=. o,bexcmnmuoouncxaoxuvoumogoo iwmxdixtemco/exi listed"mhm^x»^gmo,^,in^,am^Wo"m,"nciw`/v pars/mservicio,vwmw persona ox:om,v,'dntbmvm|^^6ci,a, cnnuirexoi000c*nox,mnmoriu/maj^numo,c,igomowuv,ov",o"oovm: i,msimmvio|uum. "NOTICE I'URSUAN I'TO FAIR DEBT COLLECTION PRACTICES ACI' THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U.S. Bank, National Association COURT OF COMMON PLEAS 4801 Frederica Street Owensboro, KY 42301 CUMBERLAND COUNTY vs. No.: 13-5063 Civil Joseph J. Pekala Cheryl A. Pekala 11 Sharon Road Enola, PA 17025 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $116,198.95 Interest from 12/03/2014 to 12/3/2014 Date of Sale $ 5,233.40 @ $19.10 per diem Subtotal $ (Costs to be added) ❑Ji anuel-Coug in,Esquire I..No. 63252 I1Paige M. Bellino,Esquire Id No. 309091 c d ❑Ij rr B. Reese, EsquireIdNo. 310501 Katherine Lopez,Esquire Id No. 311713 ❑Daniel C. Fanaselle, Esquire Id No. 312292 �O �s cgs Attorneys for Plaintiff it f. 1310 Industrial Boulevard 109-/q /5- 2nd Floor, Suite 202 Southampton, PA 18966 (215)942-2090 1/. POWERS, KIRN&ASSOCIATES,LLC JILL MANUEL-COUGHLIN, ESQUIRE ID.NO. 63252 PAIGE M. BELLINO,ESQUIRE ID NO. 309091 f HARRY B. REESE, ESQUIRE ID NO. 310501 KATHERINE LOPEZ, ESQUIRE ID NO. 311713 '" 1--"--11;'!,,'\';'—`IE�1, i, I I -i( DANIEL C. FANASELLE, ESQUIRE ID.NO. 312292 , ~1i%,:: 1 1,�'!'.,i.tI,_F'' 1310 INDUSTRIAL BOULEVARD 2ND FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 (215)942-2090 U.S. Bank,National Association COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Joseph J. Pekala No.: 13-5063 Civil Cheryl A. Pekala CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: (*) FHA ( ) Tenant Occupied ( ) Vacant () Commercial () As a result of Complaint in Assumpsit (*) Act 91 complied with E Manuel-Coughlin,Esquir d.N 52 ❑Paige M. Bellino,Esquire Id No. 309091 ❑l j rry B. Reese,Esquire Id No. 310501 kfRatherine Lopez,Esquire Id No. 311713 ❑Daniel C. Fanaselle,Esquire Id No. 312292 Attorneys for Plaintiff U.S. Bank, National Association COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Joseph J. Pekala No.: 13-5063 Civil - � ✓, Cheryl A. Pekala . AFFIDAVIT PURSUANT TO RULE 3129.1 � "� r� � �`�h• Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 11 Sharon Road, Enola, PA 17025: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Joseph J. Pekala 11 Sharon Road Enola, PA 17025 611 A. Geneva Drive, Apt 10 Mechanicsburg, PA 17055 2800 Catherine Street Harrisburg, PA 17109 1710 Market Street, Apt. 22 Camp Hill, PA 17011 Cheryl A. Pekala 11 Sharon Road Enola, PA 17025 611 A. Geneva Drive, Apt 10 Mechanicsburg, PA 17055 2800 Catherine Street Harrisburg, PA 17109 1710 Market Street, Apt. 22 Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Joseph J. Pekala 11 Sharon Road Enola, PA 17025 611 A. Geneva Drive, Apt 10 Mechanicsburg, PA 17055 2800 Catherine Street Harrisburg, PA 17109 } 1710 Market Street, Apt. 22 Camp Hill, PA 17011 Cheryl A. Pekala 11 Sharon Road Enola, PA 17025 611 A. Geneva Drive, Apt 10 Mechanicsburg, PA 17055 2800 Catherine Street Harrisburg, PA 17109 1710 Market Street, Apt. 22 Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) American General CDC n/k/a 3809 Paxton Street, STE 3 Springleaf Financial Services of PA, Inc. Harrisburg, PA 17111 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 PA Department of Public Welfare Health and Welfare Building—Room 432 Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105-2675 Pennsylvania Office of Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120 Commonwealth of PA, Dept of Revenue Dept. 280948 Bureau of Compliance, Clearance Support Harrisburg, PA 17128-0948 Section 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 11 Sharon Road Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ` i ❑Jil anuel-Coughli , squire Id 'o. LI Paige M.Bellino,Esquire Id No. 309091 ❑H,xry B. Reese,Esquire Id No. 310501 'Katherine Lopez, Esquire Id No. 311713 El Daniel C. Fanaselle,Esquire Id No. 312292 Attorneys for Plaintiff June 13, 2014 POWERS, KIRN&ASSOCIATES,LLC JILL MANUEL-COUGHLIN, ESQUIRE ID.NO. 63252 PAIGE M. BELLINO,ESQUIRE ID NO. 309091 HARRY B. REESE,ESQUIRE ID NO. 310501 KATHERINE LOPEZ, ESQUIRE ID NO. 311713 DANIEL C. FANASELLE,ESQUIRE ID.NO. 312292 1310 INDUSTRIAL BOULEVARD ° 4° 2ND FLOOR, SUITE 202 SOUTHAMPTON,PA 18966 t. iNs1 (215)942-2090 U.S. Bank, National Association COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Joseph J. Pekala No.: 13-5063 Civil Cheryl A. Pekala NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Joseph J. Pekala 11 Sharon Road 2800 Catherine Street Enola, PA 17025 Harrisburg, PA 17109 611 A. Geneva Drive, Apt 10 1710 Market Street,Apt. 22 Mechanicsburg, PA 17055 Camp Hill, PA 17011 Your house (real estate) at 11 Sharon Road, Enola, PA 17025, is scheduled to be sold at Sheriffs Sale on December 3, 2014 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of$116,198.95, obtained by U.S. Bank, National Association, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,costs and reasonable attorney's fees due. To find out how much you must pay,you may call: (215)942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) • 4 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling(215)942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened,you may call Powers, Kirn&Associates, LLC at(215)942-2090. 4. If the amount due from the Buyer is not paid to the Sheriff;you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten (10)days. 7. You may also have other rights and defenses,or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 TELEPHONE: (717)249-3166 (800)990-9108 • POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE ID.NO. 63252 PAIGE M. BELLINO, ESQUIRE ID NO. 309091 HARRY B. REESE, ESQUIRE ID NO. 310501 KATHERINE LOPEZ, ESQUIRE ID NO. 311713 DANIEL C. FANASELLE, ESQUIRE ID.NO. 312292 20 ."—; 1310 INDUSTRIAL BOULEVARD 2ND FLOOR, SUITE 202 '7 CO! SOUTHAMPTON, PA 189661 Li', 4; N ' (215)942-2090 U.S. Bank, National Association COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Joseph J. Pekala No.: 13-5063 Civil Cheryl A. Pekala NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Cheryl A. Pekala 11 Sharon Road 2800 Catherine Street Enola, PA 17025 Harrisburg, PA 17109 611 A. Geneva Drive, Apt 10 1710 Market Street, Apt. 22 Mechanicsburg, PA 17055 Camp Hill, PA 17011 Your house (real estate) at 11 Sharon Road, Enola, PA 17025, is scheduled to be sold at Sheriffs Sale on December 3, 2014 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of$116,198.95, obtained by U.S. Bank, National Association, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay,you may call: (215)942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling(215)942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened,you may call Powers, Kirn& Associates, LLC at(215)942-2090. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10)days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 TELEPHONE: (717)249-3166 (800)990-9108 /o f_ 4 � THE COURT OF COMMON PLEAS `Q CUMBERLAND COUNTY PA / o f � . Z DAVID D.BUELL,PROTHONOTARY r One Courthouse Square • Suite 100 • Carlisle,PA • 17013 \ (717)240-6195 www.ccpa.net U.S. BANK,NATIONAL ASSOCIATION Vs. NO 13-5063 Civil Term CIVIL ACTION—LAW JOSEPH J. PEKALA CHERYL A. PEKALA WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $116,198.95 L.L.: $.50 Interest FROM 12/03/2014 TO 12/3/2014 DATE OF SALE @$19.10 PER DIEM-$5,233.40 Atty's Comm: Due Prothy: $2.25 Atty Paid: $330.60 Other Costs: Plaintiff Paid: Date: 6/20/2014 104,4,44_,Th David D. Buell,Prothonotary (Seal) By: _./4( _ / Deputy REQUESTING PARTY: Name: KATHERINE LOPEZ, ESQUIRE Address: POWERS,KIRN&ASSOCIATES,LLC 1310 INDUSTRIAL BLVD.,2ND FLOOR, SUITE 202 SOUTHAMPTON,PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-2092 Supreme Court ID No. 311713