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HomeMy WebLinkAbout13-5399 Supreme Cour.t�ofhP.ennsylvanya Court"5of .Comm.Aoeas For Prothonotary Use Only: Civil :Cover:Sh�eet 0 wr Docket No: cUrrBEI'nrin County /3 -539 1.1V 11�Efm The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S El Complaint El Writ of Summons El Petition (Q Transfer from Another Jurisdiction E] Declaration of Taking E C Lead Plaintiff's Name: U9 S . BANK NATIONAL Lead Defendant's Name: ASSOCIATION.AS TRUSTEE FOR THE PENNSYLVANIA RICHARD S TUTTLE T Dollar Amount Requested: E]within arbitration limits I Are money damages requested? 0 Yes l No O (check'one) 0outside arbitration limits N Is this a Class Action Suit? 0 Yes iX No Is this an MDJAppeal? [J Yes l No A Name of Plaintiff /Appellant's Attorney: Leon P. Haller /Jill M. Wineka 0 Check here if you have no attorney (are a Self IPro Sep 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 E Intentional E3 Buyer Plaintiff Administrative Agencies El Malicious Prosecution 0 Debt Collection: Credit Card O'Board of Assessment 0 Motor Vehicle El Debt Collection: Other Q Board of Elections E] Nuisance I 0 Dept. of Transportation Q.Premises Liability El Statutory Appeal: Other S R Product Liability (does not include E mass tort) (] Employment Dispute: Slander/Libel/ Defamation Discrimination C Other: El Employment Dispute: Other Zoning Board T Other: I E] Other: O MASS TORT 0 Asbestos N Tobacco Q Toxic Tort - DES El Toxic Tort -Implant Toxic Waste REAL PROPERTY MISCELLANEOUS Other: 0 Ejectment [] Common Law /Statutory Arbitration B E-] Eminent Domain %Condemnation 0 Declaratory Judgment El Ground Rent 0 Mandamus El Landlord/Tenant Dispute I- Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial Quo Warranto El Dental 0 Partition El Replevin 0 Legal 0 Quiet Title 0 Other: E] Medical 0 Other: 0 Other Professional: Updated 1/1/2011 FIL D -OF FIf l Or THE PROTHONOTAR' Leon P. Haller, Esquire 29 1 3 SEP 13 AM 1 1: 14 Purcell, Krug &Haller CUMBERLAND COUNTY 1719 North Front Street Harrisburg, PA 17102 PENNSYLVANIA 717.234.4178 mtg @pkh.com U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING OF CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY Plaintiff CIVIL ACTION - LAW vs. ACTION OFMORTGAGE FORECLOSURE RICHARD S. TUTTLE AND LINDA W. TUTTLE 3 — 5�!P y 0, Iv 1 (Term Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717 - 249 -3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENQA DE ABOGADOS), (215) 238 -6300. S CUMBERLAND COUNTY LAWYER REFERRAL SERVICE *103.15 P p NT CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET e I8'fgo7 CARLISLE, PA 17013 m SU CO 717 - 249 -3166 U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY, Plaintiff CIVIL ACTION LAW vs. ACTION OF MORTGAGE FORECLOSURE RICHARD S. TUTTLE AND LINDA W. TUTTLE, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234 -4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY, Plaintiff CIVIL ACTION - LAW VS. ACTION OF MORTGAGE FORECLOSURE RICHARD S. TUTTLE AND LINDA W. TUTTLE, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 and as amended by Supplemental Indenture of Trust dated March 1, 2007, is acting through the Pennsylvania Housing Finance Agency ( "Agency "), its appointed Limited Power of Attorney, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. The Limited Power of Attorney executed October 4, 2006 between the Plaintiff and the Agency is recorded in the Recorder of Deeds Office of the within County and Commonwealth on October 11, 2006 in Book 731, Page 421. The Limited Power of Attorney is incorporated herein by reference pursuant to Pa.R.C.P. 1019(g). 2. Defendants, RICHARD S. TUTTLE and LINDA W. TUTTLE, are adult individuals whose last known address is 44 WARWICK CIRCLE, SOUTHFIELD CROSSING, MECHANICSBURG, PA 17050. 3. On or about, January 05, 2005, the said Defendants executed and delivered a Mortgage Note in the sum of $153,225.00 payable to NATIONAL CITY MORTGAGE, which Note is attached hereto and marked Exhibit "A ". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on January 7, 2005 in Mortgage Book 1893, Page 3765 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on February 3, 2005 in Book 714, Page 4840. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording, which Assignment is attached hereto and marked Exhibit `B ". The said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 44 WARWICK CIRCLE, SOUTHFIELD CROSSING, MECHANICSBURG, PA 17050 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July O1, 2012 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $125,215.87 Interest at $17.15 per day $8,352.05 From 06/01/2012 To 10/01/2013 ( based on contract rate of 5.0000 %) Late Charges $32.90 $493.50 From 07/01/2012 to 10/0 1 /2013 Escrow Deficit $1,391.38 Attorney's Fee at 5% of Principal Balance $6,260.79 TOTAL $141,713.59 "Together with interest at the per diem rate noted above after October 01, 2013 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 which contained amendments to Act 91 of 1983 (35 P.S. 1680.401c et. sue) and Pennsylvania Act 57 of 2008 which contained amendments to Act 6 of 1974 (41 P.S. 101 et. sec..) by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notices dated May 15, 2013 is attached hereto as Exhibit "D ". 9. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 10. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Service Members Civil Relief Act, as amended. Copies of the website reports from the Department of Defense Manpower Data Center, confirming non - active military duty are attached as Exhibit "E ". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.0000% ($17.15 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717- 234 -4178) From: +1 301 8741 230 Page: 2/36 Date: 6/14/2013 3:47:36 PM ' iv:i�vv�o =o.i6 ,. uuua7 9$y�y� NOT NOTICE: THIS L OAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DE PARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. January 5 2005 CAMP HILL PENNSYLVANIA [Date] [city] [State] 44 WARWXCR CIR, MECRh.NICSBVRG, Pennsylvania 17050 [Property Address] 1. DORROWER'S PROWSE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 153, 225.00 (this amount is called 'Principal"), plus interest, to the order of the Lender. The Lender is National City Mortgage a division of National City Bank of Indiana I will make all payments under this Note in the form of cash, check or money order. I understand that the bender may transfer this Note The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. >a MUST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.000 9o. The interest rare required by this Section 2 is the rate I will pay both before and after any default described in Section 6(8) of this Note. 3. PA,'XMNTS (A) Time and Mee of Payweats I will pay principal and interest by making a payment every month. 1 will make my monthly payment on the 1st day of each month beginning oil Peary 1st 2005 . I will make these payments every month until I have paid all of the principal and interest and any nthe'a rharges dPsm'bed below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before PrindpaL If, on January 1st 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Manuiry Date." I will make my monthly payments at National City Mortgage Co: P 0 Box 17 677, Baltimore, HD 21297-1677 or at a different place if required by the Note Holder. (B) Awaount ofMouthly Payments .My monthly payment will be in the amount of U.S. $ 822.55 4. BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without promium or fcc, the entire indebtedness or any part thereof not less than the amount of one installment, or $100.00, whichever is less. Any Prepayment in full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier. MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae /Freddie Mae UNIFORM INSTRUMENT Amended for Veterans Affairs Form 3200 1101 -SG (o2i21 Amended 61DO 1 I IkI u P MORTGAGE FORMS (800) it a1s Page t of a c ( 1 From: +13018741230 Page: 3/36 Date: 6/14/2013 3:47:36 PM 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other ) OM Gb,B M CQ110Md 4110 be Collected in connection with this loan exceed the permitted limits. then: (a) any such loan chArgf shall be reduced by the amount necessary to reduce the charge to the permitted lirnit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me, The Note Holder may choose to rnake this refund by reducing the Principal I owe under this Note or by maidng a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial .Prepayment. 6. BOI7ROWER'S FAMUR.E TO PAX AS REQUIRED (A.) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 35 calendar days &fter the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.0 1/o of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if X do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all, the interest that I owe on that amount That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder l;ven if, at a time when I am in defxa14 the Note Holder does not require me to pay immediately in full as described ab ove, the NOW Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expeuses If the Note Holder has required me to pay immediately in full as desm"W above, the Note Holder will, have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law_ Those expenses include, for example, reasonable attorneys' fees. 7. GTVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be givers by delivering it or by mailing it by first class mail to me at the Prop" Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by railing it by first class mail to the Note Holder at the address stated an Section 3(A) above or at a different address if I am given a notice of that different address_ 8. OBLIGATIONS OF PERSONS UN)9R TICS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over thes obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce• its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAT'PERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 32o qy (>�® 5G (0212) Pape 2 of 3 InNlal 1 s:• From: +13018741230 Page: 4/36 Date: 6/14/2013 3:47:36 PM 10. ALLONGE TO '1 MS NOTE Tf an allnnge providing for Payment adjnstments or for any otht' sopplem"atal inform.atiott is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note, [Check applicable box) ❑ Graduated Payment Allonge ❑ Other [Specify) ❑ Other [Spey] 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses wWch might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be req#ed to make immediate payroent in full of all amounts I owe tinder this Note. Some of those conditions are described as follows: Regulations (38 C -VYt- Part 36) issued under the Department of Veterans Affairs ( "VA ") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which axe inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) AND SEALS) OF TEE UNDERSIGNED. C ` (Seal) (Seal) RIMMM S TIITTLE - Borrower 1=b, W TUTTLE - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (S W) (Seal) - Borrower - BOr7ow4r PAY TO THE ORDER OF PENNSYLVANIA HOUSING FINANCE AGENCY WITH-OUT RECOVR S N TIONAL CITY MORTGAGE A•DIVISION OF NATIONAL CITY BANK OF INDIANA r T E BEEGHLY A T E 7?RESII)ENT (Sign original Only] =075G (0212) Page 3 of 3 Form 3200 1/01 Record Prepared by & Return to: U.S. Bank National Association C/o PHFA- Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, Pennsylvania 17105 -5057 717 - 780 -3800 or 1- 800 - 346 -3597 PIN / ID Number: 38191621184 Above space is intentionally left blankfor recording data 1252758 ASSIGNMENT OF MORTGAGE For value received, PENNSYLVANIA HOUSING FINANCE AGENCY ( "PHFA "), hereby grant, sell, convey, assign and deliver unto the U.S. BANK NATIONAL ASSOCIATION, (Trustee for the Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated as of April 1, 1982), its successors and assigns, the following described Mortgage, together with the Note secured thereby: Name of Original Mortgagor(s): RICHARD S. TUTTLE LINDA W. TUTTLE Secured by the real property located at: 44 WARWICK CIRCLE, SOUTHFIELD CROSSING, MECHANICSBURG, PA 17050 Municipality of. TOWNSHIP OF SILVER SPRING Original Principal Amount: $153,225.00 County Recorded in: CUMBERLAND Mortgage Recorded: January 7, 2005 Finance Agency Record Book: 14 Page: 3765 Last Assignment to: PA Housing g Y Record Book: 714 Page: 4840 IN WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 086, PHFA) [FISSEL] DATED: June 17, 2013 By: PENNSYLVANIA HOUSING FINANCE AGENCY Thomas F. Brzana, Jr. COMMONWEALTH OF PENNSYLVANIA Director of Loan Sery icing Division COUNTY OF DAUPHIN On this, the day of 2013, before me, the undersigned officer, personally � � P y Thomas F. Brzana, Jr. Director of Loa Servicing Division, an authorized officer of the Pennsylvania Housing Finance Agency, and acknowledged that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained. In witness whereof, I have hereunto set my hand and official seal� L INE l t�l' 10' PENNSINIA Notarlal Seal rley A. Ayala, Notary Public Harrisburg, Dauphin County misslon Expires Jan. 15, 2415 MEMBER, PENNSYLVANfA aSSn,- *4; t ^ri' -•:,: ';.:,. = CERTIFICATE OF RESIDENCE OF ASSIGNEE I certify that the principal business and mailing address for this assignment and assignee is: U.S. Bank National Association, c/o PHFA- Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057, Harrisburg, Pennsylvania 17105 -5057 uthorized Officer r ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of Warwick Circle at the common front property corner of Lot No_ 20-C and Lot No. 20 -D as shown on the hereinafter mentioned plan of lots; thence along said Warwick Circle, north 01 degree 54 minutes 01 second east, a distance of 20.00 feet to a point at the dividing line between Lot No. 20-8 and Lot No. 20-C: thence along said dividing line, south 88 degrees 05 minutes 59 seconds east, a distance of 110.00 feet to a point at the dividing line between Lot No. i 9-A and Lot No. 20 -C; thence along said dividing line, south 01 degree 54 minutes 01 second west, a distance of 20.00 feet to a point at the dividing line between Lot No. 20-C and Lot No. 20 -D: thence along said dividing line, north 88 degrees 05 minutes 59 seconds west, a distance of 110.00 feet to a point, said point being the place of BEGINNING. CONTAINING 2,200.00 square feet. BEING Lot No. 20-C, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman & Associates, Inc., Engineers & Surveyors, and recorded on September 24, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 66, pages 131 -A, B, C, D, E and F. BEING Tract No. 3, which P.O.S.C., Inc., a Pennsylvania Corporation, by its Deed dated July 13, 2000 and recorded July 18, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 225, page 490, granted and conveyed unto Fine Line Homes, Inc., a Penn:sylvdriia Corporation. HAVING THEREON ERECTED a two story dwelling being known and numbered as 44 Warwick Circle, Mechanicsburg, Pennsylvania 17050. THE WITHIN conveyance is UNDER AND SUBJECT to restrictions appearing in Misc. Book 481, page 1063, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, and as shown on the aforementioned Plan. � r Date: 5/15/2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help save your home. This Notice explains how the Program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call 717- 780 - 1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. (( ACT691 LR /dtmdocs /ALSW HOMEOWNER'S NAME(S): RICHARD S. TUTTLE LINDA W. TUTTLE PROPERTY ADDRESS: 44 WARWICK CIR SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 -2600 LOAN ACCOUNT. NO.: 1252758 CURRENT LENDER /SERVICER: Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15057 Harrisburg, PA 17105 -5057 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the Consumer Credit Counseling Agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated Consumer Credit Counseling Agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated Consumer Credit Counseling ACT691 LR /dtmdocs /ALSV/ Agencies listed at the end of this Notice. Only Consumer Credit Counseling Agencies have applications for the Program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your. face-to-f ace meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for Emergency Mortgage Assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 44 WARWICK CIR, SOUTHFIELD CROSSING, MECHANICSBURG, PA 17050 -2600, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months July, 2012 thru the first of May, 2013 in the amount of $10,989.00 plus late charges that have accrued in the amount of $329.00 and other charges (inspection fees and / or attorney fees and costs in the amount of $38.00) . THE TOTAL AMOUNT DUE IS $11,356.00. This includes all payments, fees and expenses due, less any funds we are holding in suspense. HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $11,356.00 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash in our office, cashier's check, certified check or money order made payable and sent to: PENNSYLVANIA HOUSING FINANCE AGENCY 211 N FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105 -5057 ACT691 LR /dtmdocs /ALSV/ IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately three months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105 -5057 1- 800 - 822 -7375 717 - 614 -2518 (FAX) Contact Person: KIMBERLEY AYALA Counseling Agencies In addition to mailing Appendix B, Notice of Face -To -Face Meeting, please notify PHFA (when we are the first lien holder) of the face -to -face meeting and pending submission of application for HEMAP assistance by sending an e-mail to: Kayala @phfa.org. If you do not have access to e-mail, please call Kim Ayala at 717- 780 -1815 and advise of the face -to -face meeting. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. (This does not apply if your mortgage was originated under the Home Start Program.) ACT691 LR /dtmdocs /ALSV/ YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING. INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. .(HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Advantage Credit Counseling Service /CCCS of Wester Housing Alliance of York/Y Housing Resources 2000 Linglestown Road 290 West Market Street Harrisburg, PA 17102 York, PA 17401 717 - 855 -2752 Maranatha Community Action Commission of Capital Region 43 Philadelphia Avenue 1514 Derry Street Waynesboro, PA 17268 Harrisburg, PA 17104 717- 762 -3285 717 - 232 -9757 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 - 334 -1518 717 - 780 -3940 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 717 - 264 -5913 ACT691 LR /dtmdocs /ALSW Pennsylvania Mousing Finance Agency Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105 -5057 (800) 346 -3597 FAX (717) 780 -3804 TTY (717) 780 -1869 NOTICE 5/15/2013 RICHARD S. TUTTLE LINDA W. TUTTLE SOUTHFIELD CROSSING 44 WARWICK CIR MECHANICSBURG, PA 17050 RE: Account #1252758 TO: RICHARD S. TUTTLE LINDA W. TUTTLE 44 WARWICK CIR SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 -2600 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ( "HUD ") and experienced in the provision of homeownership counseling. Attached is a current list of HUD - approved counseling agencies for Pennsylvania. Attachment: Housing Counseling List ACT691 LR /dtmdocs /ALSV/ HUD - APPROVED CREDIT COUNSELING AGENCIES CCCS OF WESTERN PA- HARRISBURG NACA 2000 LINGLESTOWN RD. 1341 N DELAWARE AVE; SUITE 312 HARRISBURG, PA. 17110 PHILADELPHIA, PA. 19125 Plione:888 -599 -2227 Phone:888- 297 -5568 HOUSING ALLIANCE OF YORK PHILADELPHIA COUNCIL OF COMMINITY DEVELOPMEN' 34 S. Duke St. ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 York, PA 17401 -1106 PHILADELPHIA, PA. 19103 -1828 Phone: 800 - 8644909 Phone: 800- 930 -4663 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608 -1676 Phone: 717- 397 -5182 s i ACT691 LR /dtmdocs /ALSW 7196 9008 9111 8542 4546 — is - 7196 90:0:8' 9111 8542 4553 _......_� . TO: LINDA W TUTTLE SOUTHFIELD TO: RICHARD S TUTTLE .0 SING ' SOUTHFIELD CR ING ! 44 WARWI �tt�G, i� 44 WARWIC O BMRG MECHAN MECHANI SENDER MAY 15 20� j �lqY F SS 14L REFERENCE: 25 �� SENDER: 5 2013 58 F. S REFERENCE:. 5 f 8 (/Sp.S PS Form 3800 January 2005 ASPS I I RETURN Postage PS Form 3800 January 2005 i RECEIPT RETURN jOSTMARK.OR SERVICE Certified Fee' 3 10 t • RECEIPT ee ! Return Receipt Foe SERVICE Return ceipt Fee i I Restricted Delivery Delivery ! Total Postage &.Fees 6.11 ) ge & Fees USPS� POSTMARK OR DATE LI POSTMARK.OR DA TE Receipt for Recr Certified Mail'" ' CertifiI i No Insurance Coverage Provided I Do Not Use for International Mail No Insurance Coverage• provided f Do Not Use for International Mail i I ' US. hb$7At SERVICE CERTIFICATE OF,MAIUNG Attu Iw We M>w�l MAY BE USED FOR DOMESTIC NTERNATIONAL f . "' -- `� mNai Pnslpe in ,MAR"DOES AND I mr•o.ert.W' - F ania ANCE - POSTMASTER . �? ..'� Housin Finance�A en 0 0 ° g g c 15057 ti =� (D (V L p -PA 171o5 IV `' - - -- -- o RICHARD S TUTTLE { SOUTHFIELD CROSSING " 44' WARWICK CIR .: cr) ME CHANICSB G� 1252758 -!;; r o to ' .4 MAY 15 2013 _ uses - U.S. POSTAL SERVICE CER`f OF MAIUNG j i MAY BE USED FOR DOMESniC AND INTERNATIONAL MAL DOES NOT Of r PROVIDE FOR INSURANCE- POSTMASTER O RKw4d From (OD Pennsylvania Housing Finance A enc P.O. Box 15057 O N r w.: o Harrisburg, PA 17105 nrm v»a of urtlno m I co VOTE LINDA W TUTTLE SOUTHFIELD SING 4 WARW U P,Q 5 0 = o 12527 FISS �6+ MAY 15 2013 uses i • Hasler FIRST -CLASS MAIL Pe ania HI - - i Accounting &Loan ° � � ' �= � ..� t Servicin g , 1 � • P.O. Box 15057 14 Harrisburg, PA 17105 -5057 ' . -"• ;' Z1P 1 ? i G1 7196 9DD6 9111 6342 4553 011D126019 MCIA 1t�(� RICHARD S TUTTLE SOUTHFIELD CROSSING A 44. WARWICK CTR L ���f�. ���• - MECHANI.CS.BUR • N>;�;�� ��.'_wa.v y > � i,.Q� i t? rn� �� � V. � � �.! "':• n'w.".�i :.�, 1, n i 3 .` • } .l 4 RETURN Tb:.5ENDER '. UN:LLl�1 •U' °TO: r- DRWA•RD r il?3�'!71 1 t.l l ! I 1 I t1 t Y1 1 r Slillllygl� �jelta ��rl al,sj,� � 1 l �lasa•a�;a,a.r4xalaj jt�aa �... r i I I • Penns CERTIFIED MAIL anla H� srF' FIRST -CLtiSS MAIL Accounting & Loan.. Servicing T . P.O. Box 15057 Harrisburg, PA 17105-5057 - � 7196 91306 9111 AS42 45 "46 d 011D1260194 /gyp 1 Imp AIN {$ LINDA W TUTTLE SOUTHFIELD CROSSING � 44 WARWICK CIp 11 1' S,� i t IGb' . j MECHANICSBURG .'RETURN T'O. SENDER U N C L MED - - -- -__ U Nl AB!L E TO E DIZ:iNA D . : q . JJ r •r TJ .. 1 Y,� 3 b ti rc +,1 a'"a ( 1',11 (# ' y3s: lii al a$�aaeaasayai.. {�ia i Department of Defense Manpower Data Center Results as of: Jul -17- 201304:30:09 SCRA 3.0 tatllls I.ic. _ m L }� Pursuant to Servicememlm Civil Relief Act Last Name: TUTTLE First Name: RICHARD Middle Name: S Active Duty Status As Of: Jul -17 -2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA _ .. No NA This response reflects the individuals' active duty status based on the Active Duly Status Dale 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 No eation 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. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. AN Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 i Department of Defense Manpower Data Center Results as of: Jul -17- 201304:31:12 SCRA 3.0 Stew Repoit } Pursum tea Servicemenablen Civil Relief Act, Last Name: TUTTLE First Name: LINDA Middle Name: W Active Duty Status As Of: Jul -17 -2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .:.. No NA This response reflects the individuals' active duty status based on the Acti ve;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 hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Y Z Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Marts Center Drive, Suite 04E25 Arlington, VA 22350 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct upon my personal knowledge and upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PENNSYLVANIA HOUSING FINANCE AGENCY, Attorney -in -Fact for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Dated qlql l_3 By Thomas F. Brzana, Jr., Director of Loan Servicing for the Pennsylvania Housing Finance Agency, Attorney -in- Fact for U.S. Bank National Association, as Trustee for the Pennsylvania Housing Finance Agency TUTTLE 1252758 ♦ i C" U.S. BANK NATIONAL ASSOCIATION AS IN THE COURT OF COMMON PLEAS OF TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA t'M £ FINANCE AGENCY Plaintiff(s)� a� t V5. �C RICHARD S. TUTTLE AND LINDA W. TUTTLE C p ' Defendants 5 , 3g7 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 9/11/13 Date Leon P. taller / Jill M. Wineka Attorney for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 1570a / 58802 U.S. BANK NATIONAL ASSOCIATION AS ; IN THE COURT OF COMMON PLEAS OF TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE r GE l CUMBERLAND COUNTY, PENNSYLVANIA P ainti s) VS. RICHARD S. TUTTLE AND LINDA W. TUTTLE Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated — Febrtar -y 28 J 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as ,follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O-BORRO WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: . Asset Amount Owed: Value: Home: $ Other Real Estate: $ $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 Model: Amount owed: Value: Year: Automobile #2 Model: Amount owed: Value: Year: Other transportation (automobiles boats motorcycles) Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly et 2. y Monthly Gross Monthly Net _ 3. Monthly Gross Monthly et Additional Income Description (not wages): y 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes F1 No [] If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, named authorize the above to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,,owlof t �r�r�tarrryx�y Jody S Smith Chief Deputy ;. f130'aT I I Affil 9: Richard W Stewart Solicitor U.S. Bank National Association as Trustee for PA Housing Finance Agenc Case Number vs. Richard Tuttle(et al.) 2013-5399 SHERIFF'S RETURN OF SERVICE 09/17/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Richard Tuttle, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 09/20/2013 02:33 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclo ure by "personally"handing a true copy to a person representing themselves to be the Defer ant, to wit: Linda W Tuttle at 44 Warwick Circle, Silver Spring Township, Mechanicsburg, PA 1 50. wiKfAm CL E, DEPUTY 09/23/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, 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 44 Warwick Circle, Mechanicsburg, PA 17050. No occupants other than the defendant were found at this address. 09/24/2013 02:04 PM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Richard Tuttle, personally, at 6009 White Church Road, Shippensburg, PA 17257. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $80.30 SO ANSWERS, 4� October 07, 2013 RON Y R ANDERSON, SHERIFF _Ccuntv5u�te Sherif`:Teieosof2. ^c. SHERIFF' S RETURN - REGULAR CASE NO: 2013-00295 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN US BANK NAT ASSOCIATION AS TRU VS RICHARD TUTTLE RONALD L GEYER JR Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP MORT FORE was served upon TUTTLE RICHARD the DEFENDANT at 1404 : 00 Hour, on the 24th day of September, 2013 at 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 by handing to RICHARD TUTTLE a true and attested copy of COMP MORT FORE together with and at the same time directing His attention to the contents thereof . Sheriff ' s Costs : So Answers : Docketing . 00 Service . 00 RONALD L GEYER JR Affidavit . 00 Surcharge . 00 By �, � . 00 Deputy S riff . 00 10/02/2013 PURCELL KRUG AND HALLER Sworn and Subscribed to before me this d244-1k--day of �� c ! A.D. COMMt I&MH FENNSYLV IA NOTAKIAL SEAL RICHARD D."ARTY,Notary Public Chambersburg Som., Franklin County My Commisston s Jan.29, 2015 _wr LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET �-''t3 DEC -9 Ni !' vo HARRISBURG, PA 17102-2392 (717) 234-4178 PENNSYLVANIA ATTORNEY FOR PLAINTIFF U. S . BANK NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY • Plaintiff : CIVIL ACTION - LAW vs . : NO. 2013 - 05399 CIVIL TERM RICHARD S . TUTTLE AND LINDA W. : IN MORTGAGE FORECLOSURE TITTLE Defendant • MOTION TO LIFT STAY IMPOSED BY THE MORTGAGE FORECLOSURE DIVERSION PROGRAM AND NOW comes Plaintiff, U. S . Bank National Association Trustee for The Pennsylvania Housing Finance Agency, through its counsel, Leon P . Haller , and in accordance with Paragraph (k) of the Order of February 28, 2012 , establishing the Mortgage Foreclosure Diversion Program, represents as follows : 1 . The within foreclosure action was filed September 13 , 2013 . 2 . Service of the Complaint and Notice of Residential Mortgage Foreclosure Diversion Program was made on Linda W. Tuttle on September 20, 2013 and Richard S . Tuttle on September 24 , 2013 . 3 . More than sixty (60) days have elapsed since the service of the Notice of the Residential Mortgage Foreclosure Diversion Program. Defendant has not opted to participate in the Mortgage Foreclosure Diversion Program. 4 . Plaintiff, in accordance with the provisions of the Mortgage Foreclosure Diversion Program, requests that the stay be lifted. WHEREFORE, Plaintiff requests that the stay imposed by the Cumberland County Mortgage Foreclosure Diversion Program be lifted to allow Plaintiff to proceed with the foreclosure action. PURCELL, KRUG & HALLER - By : .. Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 -2392 (717 ) 234 -4178 Attorney ID #15700 Attorney for Plaintiff Dated: December 5, 2013 VERIFICATION I verify that the statements made in the foregoing Petition to Lift Stay, are true and correct . I understand that false statements herein are made subject to the penalties of 18 Pa . C . S . Section 4904 relating to unsworn falsification to authorities . Leon P . Hailed Dated : December 5 , 2013 LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717) 234-4178 ATTORNEY FOR PLAINTIFF U. S . BANK NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff : CIVIL ACTION - LAW vs . : NO. 2013 - 05399 CIVIL TERM RICHARD S . TUTTLE AND LINDA W. : IN MORTGAGE FORECLOSURE TITTLE Defendant CERTIFICATE OF SERVICE I, Leon P. Haller, the undersigned, Attorney for Plaintiff, hereby certify that I served on the 5th day of December, 2013 , a copy of the Petition to Lift Stay Imposed by Mortgage Foreclosure Diversion Program upon each of the following persons at the addresses shown below: Richard S . Tuttle 6009 White Church Road Shippensburg, PA 17257 Linda W. Tuttle 44 Warwick Circle Smithfield Crossing Mechanicsburg, PA 17050 Leon P. Haller Dated: December 5 , 2013 Attorney for Plaintiff Lk U. S . BANK NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff : CIVIL ACTION - LAW vs . : NO. 2013 - 05399 CIVIL TERM RICHARD S . TUTTLE AND LINDA W. : IN MORTGAGE FORECLOSURE TITTLE Defendant O R D E R AND NOW, this /4 ' day of �u,,(,.�, , 2013 , upon consideration of Plaintiff Petition to Lift Stay, Notice of the Residential Mortgage Foreclosure Diversion Program having been served on Linda W. Tuttle on September 20, 2013 and Richard S . Tuttle on September 24, 2013 , and Defendants having not opted to participate in the Mortgage Foreclosure Diversion Program, IT IS HEREBY ORDERED that the stay imposed by the Mortgage Foreclosure Diversion Program be lifted and Plaintiff may proceed with its mortgage foreclosure action. BY THE COURT: /I. J. Car es 011..migri, A-I4,te cn r- , -. 2. `7-1,L44.4_ _ - • i.t //V ...-.. U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-05399 RICHARD S.TUTTLE AND ` LINDA W.TUTTLE, MORTGAGE FORECLOSURE DEFENDANT(S) cr) PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) RICHARD S. TUTTLE AND LINDA W. TUTTLE for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance $125,215.87 Interest $8,352.05 Per diem of$17.15 From 06/01/2012 To 10/01/2013 Late Charges $493.50 ($32.90 per month to 10/01/2013) Escrow Deficit $1,391.38 5%Attorney's Commission $6,260.79 TOTAL $141,713.59 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HAL . ' ' By /01:7P. Haller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 s 14•C61 ot t 8oS (a%/ 9 U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING ,m CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW Vs. NO. 2013-05399 IN MORTGAGE FORECLOSURE RICHARD S.TUTTLE AND LINDA W.TUTTLE, DEFENDANT(S) CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on December 26, 2013 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail,postage prepaid, as indicated on the attached Notice. By Leo. " 'Tier ter PA I.D. # 15700 A orney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff NO. 2013-05399 VS. CIVIL ACTION LAW RICHARD S. TUTTLE AND IN MORTGAGE FORECLOSURE LINDA W. TUTTLE Defendants _ DATE OF THIS NOTICE: December 26,2013 TO: RICHARD S. TUTTLE 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 LINDA W. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG,PA 17050 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PURCELL . ' . H ►ER By LEON P. H "'LER, - -• riey for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717)234-4178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION-LAW AT NO. 2013-05399 U.S.BANK NATIONAL ASSOCIATION,AS Total Judgment Amount $141,713.59 TRUSTEE FOR THE PENNSYLVANIA HOUSING Interest $4,237.63 FINANCE AGENCY, Per diem of$17.15 to sale PLAINTIFF date 6/4/2014 Late Charges $263.20 VS. $32.90 per month to sale date 6/4/2014 RICHARD S. TUTTLE AND Escrow Deficit $1,956.70 LINDA W.TUTTLE, DEFENDANT(S) TOTAL WRIT *Plus additional interest,late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday,June 04,2014 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION-MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. rn -7 rn Date: February 18,2014 J t X> Attorney for Plaintiff 1719 North Front Street / P. Haller Harrisburg,PA 17102 J' PA I.D.#15700 = — c (717)234-4178 cf WRIT OF EXECUTION-MORTGAGE F• ' CLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the abov, aptioned case,you are directed to levy upon and sell the property described in the attached description known as•4 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG,PA 17050 6.) Date: PRO HONO •RY/CLERK CIVIL DIVISION OtBY R,'�o C1 v DEPUTY t " 4';. ,?sTh3tAt- 1 to ' SD c.-c_. a°l l)S l a /9/0&_S- #_ 50 1 q'aq V� &-hoo/ ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township,Cumberland County, Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the eastern right of way line of Warwick Circle at the common front property corner of Lot No. 20-C and Lot No. 20-D as shown on the hereinafter mentioned plan of lots;thence along said Warwick Circle,North 01 degree 54 minutes 01 second east,a distance of 20.00 feet to a point at the dividing line between Lot No. 20-B and Lot No. 20-C;thence along said dividing line, south 88 degrees 05 minutes 59 seconds east,a distance of 110.00 feet to a point at the dividing line between Lot No. 19-A and Lot No. 20-C;thence along said dividing line, south 01 degree 54 minutes 01 second west, a distance of 20.00 feet to a point at the dividing line between Lot No. 20-C and Lot No. 20-D;thence along said dividing line,north 88 degrees 05 minutes 59 seconds west,a distance of 110.00 feet to a point, said point being the place of BEGINNING. CONTAINING 2,200.00 square feet. BEING Lot No. 20-C,Final Subdivision Plan of Southfield Crossing(Phase Two),prepared by Hartman& Associates,Inc.,Engineers and Surveyors,and recorded on September 24, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 66,Pages 131-A,B, C,D,E and F. HAVING THEREON ERECTED A DWELLING KNOWN AS 44 WARWICK CIRCLE, SOUTHFIELD CROSSING, MECHANICSBURG, PA 17050 UNDER AND SUBJECT to restrictions appearing in Misc. Book 481, Page 1063, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania and as shown on the aforementioned Plan. BEING THE SAME PREMISES WHICH Fine Line Homes,Inc.by deed dated December 22,2004 and recorded January 7, 2005 in Cumberland County Record Book 267,Page 292, granted and conveyed unto Richard S.Tuttle and Linda W. Tuttle,husband and wife. TO BE SOLD AS THE PROPERTY OF RICHARD S. TUTTLE AND LINDA W. TUTTLE ON JUDGMENT NO. 2013-05399 ASSESSMENT NO. 38-19-1621-184 U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-05399 RICHARD S.TUTTLE AND IN MORTGAGE FORECLOSURE LINDA W.TUTTLE, DEFENDANT(S) AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG,PA 17050: 1. Name and address of the Owner(s) or Reputed Owner(s): RICHARD S. TUTTLE 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 t RICHARD S. TUTTLE m c 44 WARWICK CIRCLE rn SOUTHFIELD CROSSING cr) .� N.) MECHANICSBURG, PA 17050 r- LINDA W. TUTTLE c `- 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): PSECU P. O. BOX 67013 HARRISBURG, PA 17106 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. n P. Haller PA I.D. #15700 Purcell, Krug& Haller 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 DATE:February 18, 2014 U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-05399 RICHARD S.TUTTLE AND IN MORTGAGE FORECLOSURE LINDA W.TUTTLE, DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: ,J= =r► �.'ri That the Sheriffs Sale of Real Property(real estate)will be held: (i) = DATE: Wednesday,June 04,2014 y c�� +D = c V - TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG,PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2013-05399 JUDGMENT AMOUNT$141,713.59 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: RICHARD S. TUTTLE AND LINDA W. TUTTLE f A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. • 1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL,KRUG &HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township,Cumberland County, Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the eastern right of way line of Warwick Circle at the common front property corner of Lot No. 20-C and Lot No. 20-D as shown on the hereinafter mentioned plan of lots;thence along said Warwick Circle,North 01 degree 54 minutes 01 second east, a distance of 20.00 feet to a point at the dividing line between Lot No. 20-B and Lot No. 20-C;thence along said dividing line, south 88 degrees 05 minutes 59 seconds east, a distance of 110.00 feet to a point at the dividing line between Lot No. 19-A and Lot No. 20-C;thence along said dividing line, south 01 degree 54 minutes 01 second west, a distance of 20.00 feet to a point at the dividing line between Lot No. 20-C and Lot No. 20-D;thence along said dividing line,north 88 degrees 05 minutes 59 seconds west, a distance of 110.00 feet to a point, said point being the place of BEGINNING. CONTAINING 2,200.00 square feet. BEING Lot No. 20-C, Final Subdivision Plan of Southfield Crossing(Phase Two),prepared by Hartman& Associates,Inc.,Engineers and Surveyors, and recorded on September 24, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 66,Pages 131-A,B, C,D,E and F. HAVING THEREON ERECTED A DWELLING KNOWN AS 44 WARWICK CIRCLE, SOUTHFIELD CROSSING,MECHANICSBURG, PA 17050 UNDER AND SUBJECT to restrictions appearing in Misc. Book 481, Page 1063, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania and as shown on the aforementioned Plan. BEING THE SAME PREMISES WHICH Fine Line Homes,Inc. by deed dated December 22,2004 and recorded January 7,2005 in Cumberland County Record Book 267,Page 292, granted and conveyed unto Richard S. Tuttle and Linda W. Tuttle,husband and wife. TO BE SOLD AS THE PROPERTY OF RICHARD S. TUTTLE AND LINDA W.TUTTLE ON JUDGMENT NO. 2013-05399 ASSESSMENT NO. 38-19-1621-184 U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-05399 RICHARD S.TUTTLE AND IN MORTGAGE FORECLOSURE ' a_ LINDA W.TUTTLE, °= rn ronco DEFENDANT , AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA • P SS COUNTY OF DAUPHIN • I,LEON P.HALLER, Attorney for the Plaintiff in the above matter, being duly sworn according to law, hereby certify that the Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners'Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. Sworn to and subscribed • before m this / day of 20/7 • LEON.. LER,ESQUIRE No" 'ublic MARYLAND 1, R, E2 n � .„�L :rPw(:ocyI sion Expires Aug.€3 2014 U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-05399 RICHARD S.TUTTLE AND IN MORTGAGE FORECLOSURE LINDA W.TUTTLE, DEFENDANT NON-MILITARY AFFIDAVIT c.:: ...,_. — -0 Lc COMMONWEALTH OF PENNSYLVANIA • . rrl c',. rrl rri ii: cm) ,.„ SS N., rsJ ---<,, r---- COUNTY OF DAUPHIN • . ....... --,. - Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendants above named are not on active duty in the Military Service nor engaged in any way which would bring them within the Servicemembers' Civil Relief Act. A copy of the search through the Defense Manpower Data Center website is attached. Sworn to and subscribed • before m this fi-day • of cç7L -.--A 20/7 • _.........■ / A / i .. e..4 _40 iiiffellr13_ . . HALLER, ESQUIRE 11,.I.4'4. ar r --AL No . y Pullic commmALT:1 O'F 7MARYNOTA2Y,L.C7:A: LP,:',7)i•',.FE:pri --- !I Lower Paxton Twp.,6"C:. .-: :.1 1 [Ay Cc;T:m!3sicrl Expirer.Auz.0,201.' 1 •••••=•••,............M 1411.M...■•■■•mral...•■■..s, Department of Defense Manpower Data Center Results as of:Feb-17-2014 10:10:48 AM SCRA 3.0 m a x1 Status Report M2 ° : Pursuant to Service ems Civil Relief Act Last Name: TUTTLE First Name: RICHARD Middle Name: S Active Duty Status As Of: Feb-17-2014 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 Cat-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 higher 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. • )1/1/411' YA 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(NOM 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: G7ROT558I07EGA0 Department of Defense Manpower Data Center Results as of:Feb-17-2014 10:13:10 AM SCRA 3.0 Nm�n 4. Status Report Pursuant to Semicernenthers Civil Relief Act Last Name: TUTTLE First Name: LINDA Middle Name: W Active Duty Status As Of: Feb-17-2014 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. / y1. I .. ` 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(NOM 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: Z7Z1J5B8V07F000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5399 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff(s) From RICHARD S. TUTTLE AND LINDA W.TUTTLE (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $141,713.59 L.L.: $.50 Interest $4,237.63-PER DIEM OF$17.15TO SALE DATE 6/4/2014 Atty's Comm: Due Prothy: $2.25 Atty Paid: $229.05 Other Costs: LATE CHARGES-$263.20-$32.90 PER MONTH TO SALE DATE 6/4/2014-ESCROW DEFICIT-$1,956.70 Plaintiff Paid: Date: 2/21/14 David D.Bu-11,Prothonota (Seal) By: 11; Deputy REQUESTING PARTY: Name: LEON P. HALLER,ESQUIRE Address: PURCELL, KRUG&HALLER 1719 NORTH FRONT STREET HARRISBURG,PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 r ,; / 1 °: IN THE COURT OF COMMON PLEAS 2/1f/ CUMBERLAND COUNTY, PENNSYLVANIA /, r /4 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. RICHARD S. TUTTLE AND LINDA W. TUTTLE, Defendants CIVIL DIVISION CASE NO. 2013-05399 NOTICE OF THE DATE OF CONTINUED SHERIFF SALE THE SHERIFF'S SALE SCHDULED FOR JUNE 4, 2014 @ 10:00 PM IN THE ABOVE CAPTIONED MATTER HAS BEEN CONTINUED TO SEPTEMBER 3, 2014 @ 2014. DATE: May 22, 2014 BY Attorney Leon P. Haller PURCELL KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 Attorney ID #15700 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. RICHARD S. TUTTLE LINDA W. TUTTLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2013-05399 MORTGAGE FORECLOSURE MOTION FOR SERVICE OF NOTICE OF SALE IN REAL PROPERTY ACTION IN ACCORDANCE WITH RULES 3129.2(c)(1)(i)(C) OF PENNSYLVANIA RULES OF CIVIL PROCEDURE -c (7' Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, through its counsel, Leon P. Haller, Esquire hereby respectfully submits: 1. Plaintiff has brought a mortgage foreclosure action whereupon it seeks to foreclose against certain property owned by Defendants located at 44 WARWICK CIRCLE, MECHANICSBURG, PA 17050. 2. Defendant LINDA W. TUTTLE was personally served with the Complaint, September 29, 2013 and Notice of Sale, March 27, 2014., at 44 WARWICK CIRCLE MECHANICSBURG, PA 17050. Defendant RICHARD S. TUTTLE was personally served with the Complaint, September 24, 2013 at 6009 White Church road, Shippensburg, PA 17257. However, the Sheriffs office has been unable to serve Defendant RICHARD S. TUTTLE with the Notice of Sale. 3. Plaintiff has conducted an investigation in order to determine the whereabouts of the Defendant, through its attorney, by attempting to obtain a forwarding address from the post office, the Department of Transportation, Credit Bureau, and also by attempting to obtain a phone number for the Defendant, but no new information has been received from any of the sources. 4. The Sheriff posted the Defendant's property with a Notice of Sale or Handbill, March 27, 2014, pursuant to Rule 3129.2(b) 5. The following addresses have been attempted with the following results: 44 Warwick Circle, Southfield Crossing, Mechanicsburg, PA 17050 — No Service. No longer resides at this residence. 6009 White Church Road, Shippensburg, PA 17257 — Not found. No longer residing at this residence. 21 Bridgewater Road, Newville, PA 17241 — Not found. Several attempts were made. Callback cards left at residence and Defendant never responded. No vehicles parked in driveway. 6. The Notice of Sheriffs Sale will be published in the legal journal and a newspaper of general circulation for three weeks to sale, which provides ample published notice of sale pursuant to Rule 3129.2(d) 7. Plaintiff requests an Order approving service by sending copies of the Notice by registered/certified mail to Defendant RICHARD S. TUTTLE'S last known addresses pursuant to Pennsylvania Rule of Civil Procedure 3129.2(C) and PaRCP 430. WHEREFORE, Plaintiff requests that your Honorable Court approves service as above set forth. BY Leon P. Haller Attorney for Plaintiff 1719 North Front Street Harrisburg, Pa. 17102 (717) 234-4178 Attorney ID #15700 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. RICHARD S. TUTTLE LINDA W. TUTTLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2013-05399 MORTGAGE FORECLOSURE AFFIDAVIT OF REASONABLE INVESTIGATION COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Leon P. Haller, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above action in mortgage foreclosure, that he has personal knowledge concerning the facts set forth in the attached Motion for Service of Notice of Sale pursuant to Rule 3129, that he has authority from the Plaintiff to make this affidavit, and that the facts set forth in the affidavit are true and correct to the best of his knowledge, information, and belief, to wit: That he has attempted to confirm the whereabouts of the Defendant RICHARD S. TUTTLE in the above case, by conducting a reasonable search, which search included one or more of the following as indicated by a checkmark: X That he has contacted the U.S. Postal Service to obtain the last known mailing address or any forwarding addresses. Received notice of a forwarding address of 21 Bridge Water, Newville, PA 17241. Several attempts were made to serve Defendant RICHARD TUTTLE at the address provided. However, no service was made and Defendant never responded to call cards left. X That he has attempted to locate persons of similar name to the Defendant, however he has not been able to locate any. X That he contacted Directory Assistance for any new listing for Defendant, however, there are no new listings. Leon P. Haller further deposes and says that after attempting to locate the Defendant by conducting a reasonable search as indicated above; he has been unable to confilln the Defendant's whereabouts and location. PURCELL, KRUG, & HALLER BY: Sworn to and subscribed, before me on this /1-1 day of Cry\-- , 2014 (Notary) COMMOMWEAt.Th OF PENNSYLVANIA Notarial Seal Sharon P. Dunn, Notary Public City of Harrisburg, Dauphin County My Commission Expires Nov. 19, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff Attorney ID# 15700 X That he contacted , WestLaw People finder, a national credit service, with respect to the location of the Defendant. The last known address is P.O. Box 125, Shippensburg, PA.. Service can not be made at a Post Office Box. The Postmaster provided the forwarding address of 21 Bridgewater, Newville, Pa 17241. Defendant was not found at the address provided. X That he has conducted a search of the Pennsylvania Department of Transportation's records with respect to the location of the Defendant. Plaintiff's counsel and/or staff have conducted the following website searches: www.411.com (White pages) Result: No Record No additional addresses found X Additional addresses found (Department of State license holders) Result: No Record X No additional addresses found Additional addresses found www.cor.state.pa.us (Pennsylvania inmate locator) Result: No Record X No additional addresses found Additional addresses found: www.bop.gov (federal inmate locator) Result: No Record X No additional addresses found Additional addresses found www.creditsystem.com (internet credit report) Result: No Record X No additional addresses found Additional addresses found www.anywho.com Result: No Record X Additional addresses found No. additional addresses found Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY v0.11 kf-21 )11 07 U.S. Bank National Association vs. Richard Tuttle (et al.) Case Number 2013-5399 SHERIFF'S RETURN OF SERVICE 02/25/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Richard Tuttle, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Franklin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/27/2014 10:05 AM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 44 Warwick Circle- Southfield Crossing, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 03/27/2014 10:05 AM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Linda W Tuttle at 44 Warwick Circle, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 05/12/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of Franklin County, the within named Defendant Richard Tuttle, not found, 6009 White Church Road, is no longer a valid address, current resident has been there since October of 2013, did not leave a forwarding at post office. So Answers: Jonathan Nalewak, Deputy, Sheriff. SHERIFF COST: $1,268.84 SO ANSWERS, May 12, 2014 RONIN ( R ANDERSON, SHERIFF rrm %St..,critt 'i'cicn(,tt Inc Commonwealth of Pennsylvania In the Court of Common Pleas of Cumberland County CASE NO.: 2013-05399 AFFIDAVIT OF SERVICE U.S. Bank National Association, as Trustee for the Pennsylvania Housing Finance Agency vs. Richard S. Tuttle and Linda W. Tuttle Commonwealth of Pennsylvania County of Dauphin ss. I, Robert Calantropio, a competent adult, being duly sworn according to law, depose and say that at 7:00 PM on 05/05/2014, I non—served Richard S. Tuttle at 21 Bridgewater Road, Newville, PA 17241 in the manner described below: a true and correct copy of Notice of Sheriff's Sale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 issued in the above captioned matter. Comments/Prev. Attempts: 05/02/2014 3:51 PM — No answer at the residence. No lights were observed illuminated within the residence. A red Chevrolet S10 pickup truck bearing Pennsylvania registration YNR -5540 was parked in the driveway. A card was posted on the property requesting the subject call the process server. 05/03/2014 10:34 AM — No answer at the residence. No lights were observed illuminated within the residence. No vehicles were parked in the driveway. The previously posted card was no longer posted on the property. 05/05/2014 7:00 PM — No answer at the residence. No lights were observed illuminated within the residence. No vehicles were parked in the driveway. Swor tto and subscri ed before me on this /� day of , 207A. ) n n - NOTARY PdBLIC COMMONWEALTH OFNNSYLVANIA U Nota 1 John F. Shink• , Notary Public Lower Paxton •., Dauphin County My Commission . pires Sept. 28, 2014 Member. Pennsylvania Association or Notaries Law Firm: Purcell, Krug and Haller Address: 1719 North Front Street, Harrisburg, PA, 17102-2392 Telephone: (717) 234-4178 x Robe Calantropio Shinkowsky Investigation PO Box 126538 Harrisburg, PA 17112 (800) 276-0202 Atty File#: P01455/40099-13 - Our File# 31533 POSTMASTER SHIPPENSBURG, PA 17257 City, State, Zip Code April 29, 2014 PURCELL KRUG & HALLER 1719 N. FRONT STREET HARRISBURG, PA 17102-2392 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address of a boxholder for the following RICHARD S. TUTTLE Address: 6009 WHITE CHURCH ROAD, SHIPPENSBURG, PA 17257 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.5(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manuel 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): ATTORNEY 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party except a corporation acting pro se must cite statute): NOT APPLICABLE 3. The names of all known parties to the litigation: RICHARD S. TUTTLE & LINDA W. TUTTLE, Defendant; U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff 4. The court in which the case has been or will be heard. CUMBERLAND COUNTY COURT OF COMMON PLEAS 5. The docket or other identifying number if one has been issued: 2013-05399 6. The capacity in which this individual is to be served (e.g. defendant or witness) DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10.0000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE. THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I Certify that the above information is true and that the address information is needed and will be used solely for Service of legal process in connection with actual or prospective litigation. Leon P. Haller, Esquire Printed Name BOXHOLDER'S POSTMARK Not known at address given. Moved. Left no forwarding address. No such address Address: 1719 N. Front Street Harrisburg, PA 17102 POST OFFICE USE ONLY No Change of address order on file. NEW ADDR '�r� NAME and STREET ADDRESS 2.1 8124,06c, wfiT� wV(l(� pi- I -72-q( APR 3 0 2014 •Westtaw RICHARD S TUTTLE PO BOX 125 SHIPPENSBURG, PA 17257-0125 SSN: 079-68-XXXX SSN issued in NY in 1984-1985 Year of Birth: 1969 Age: 45 As of 4/28/2014 4:50:44 PM Page 1 riSend to "fire r491 G£trta rdtt� i$ 9ra;ahit.a? 4m'Oirc of your rc pr.9rt. Permissible Use Selection - For use in complying with Federal, State or local laws, rules and other applicable legal requirements - GLB Permissible Use Selection - For use in connection with a civil, criminal or arbitral legal proceeding or legal re- search - DPPA Permissible Use Selection - Use in connection with a non-commercial purpose - VOTERS Possible Name Variations TUTTLE, RICHARD TUTYLE SR, RICHARD S TUTTLE, RICHARD S TUTTLE, RICH TUTTLE, RICHARD SCOTT TUTTLE, RICHARD W 44 WARWICK CIR 44 WARWICK CIR PO BOX 125 101 101 CHERRY 101 CHERRY LN 101 CHERRY LN RICHARD S TUTTLE RR CU 18 WILTSHIRE EAST ST MWSS 172 HQSP 1 PO BOX 53 107 W HAYES ST 1854 ROWLAND HLS 3 COUNTRY SIDE CT COUNTRYSIDE CT 6009 WHITE CHURCH RD 42194 STONEWOOD RD TEMECULA, TX MECHANICSBURG, PA SHIPPENSBURG, PA CARLISLE, PA CARLISLE, PA CARLISLE, PA CARLISLE, PA FPO FPO, AP NEW KINGSTOWN, PA NORMAN, OK NORMAN, OK SHERMANS DALE, PA SHERMANS DALE, PA SHIPPENSBURG, PA TEMECULA, CA 92591 17050 17257 17013 17015 17013 17015 96603 17072 73069 73072 17090 17090 17257 92591 © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Richard Tuttle in Shippensburg, PA 1 411.com Page 1 of 2 411.corn Or search: • Last name only Richard S Tuttle PO Box 125 Shippensburg, PA Richard S Tuttle 6009 White Church Rd Shippensburg, PA http://www.411.com/name/richard-tuttle/shippensburg-pa 4/29/2014 Inmate Locator Page 1 of 1 A -Z Topics Site Map FOIA Search bop.gov Home 1 About Us J Inmates First richard Locations I Jobs Find an inmate. Business Resources Locate the whereabouts of a federal inmate incarcerated from 1982 to the present. Middle 0 Results for search richard tuttle About Us About Our Agency About Our Facilities Historical Information Statistics Inmates Find an Inmate Communications Custody & Care Visiting Voice a Concern Find By Number Find By Name Last tuttle About the Locations List of our Facilities Plop of our Locations Search for a Facility Contact Us I FOIA No FEAR Act ' Privacy Policy ; Information Quality USA.gov 1. 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If you are having problems finding an inmate, please enter only the inmate's last name and try your search again. - Search Criteria Last Name: jtuttle First Name: richard Sex: -ALL- Committing County: -ALL- Location: -ALL- Citizenship: -ALL.- Inmate Number: I Middle Name: Race: -ALL- DOB (yyyymmdd) Age (,. - Sort By Name " Inmate Number Race • Committing County Location Date Of Birth Find Inmate http://inmatelocator.cor.state.pa.us/inmatelocatorweb/Criteria.aspx 5/14/2014 Inmate Locator - Search results Page 1 of 1 Inmate Locator Results No inmate found according to the requested search criteria. Please click here to search again. If you have problems finding an inmate, please contact the Support Team. Jump to search page http://inmatelocator.cor.state.pa.us/inmatelocatorweb/Criteria.aspx 5/14/2014 Search Page 1 of 1 - '"�+... - ;}r For qu <rons shout Vm; -. s-i,+-a.b. _�„; s. .0 _ ....,,i.�s.�__..x -. a ,�: -"�:�.�� �:`??s?�:5��.- .a-�., - --�..vxkf ENN AIA I apartment of State :+ebsile pima;;e Click Here to send an E -Mail , or to contact your Board directly, Click Here. Person Search Search for a License Welcome to the Pennsylvania online license verification service. By using this service you are Facility Search able to search for license information on individuals and businesses regulated by the Bureau of Professional and Occupational Affairs. This site is considered a primary source for verification of license credentials provided by the Pennsylvania Department of State. Enter one or more fields below and click "Search". It is not necessary to fill in all the fields to do the search. We will search by the fields you complete. If you have partial information, or not sure of the exact name etc., you may use a wildcard search by placing a '"' following the partial data entered (example - not sure if Alan or Allen, enter Al*) to search. 'Click here to search for a Facility (such as a business or organization), instead of a person. Profession: --All-- License Type: --All-- Last Name: tittle First Name: richard License Number: County: City: State: --AII-- Zipcode: Search II Clear ) Disclaimer The information contained in this web site is being made available as a public service by the Pennsylvania Department of State (Bureau of Professional and Occupational Affairs). No posted information or material provided is intended to constitute legal or professional advice. The information contained in this web site was supplied from license applications and other sources such as schools and other states. 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For more information regarding this web site or if you have any questions about information provided therein, please contact the Licensing Board of the Department of State responsible for the license directly. The data is derived directly from the Pennsylvania LicensePA database and is updated on a daily basis. http://www.licensepa.state.pa.us/Search.aspx 5/14/2014 SearchResults Page 1 of 1 ...3' x....... 'th—F"lo':9. 4 < . c.?‹_ : epartment Mxylw, For quo .....,:._ .. ,,,i ;I), ebsi!.^^. l:i<_ase arc;:Fd�K.1 a..n a� s.;Sv �. "ase �=5su4�'dd tiP.r#�.:'.'..�. w<. �a�.�'e.�dG� ofState Click Here to send an E -Mail , or to contact your Board directly, Click Here. Person Search Search Results For additional licensure information that may be available, click on the record you wish to search. To return the Search page, use the Search Again button below. (Do not use the browser Back key.) to Facility Search j Search Again ' Full Name License Number Profession _ License Type License Status City State Zip Code 1 http://www.licensepa. state.pa.us/SearchResults. aspx?t_web_lookup_is_organization=N&... 5/14/2014 SearchResults Page 1 of 1 http://www.licensepa. state.pa.us/SearchResults.aspx?t_web_ lookup is_organization=N&... 5/14/2014 1 epartment of State For (y:6'stions rrho .t this Website; please Click Here to send an E -Mail , or to contact your Board directly, Click Here. Person Search Search Results For additional licensure information that may be available, click on the record you wish to search. To return the Search page, use the Search Again button below. (Do not use the browser Back key.) to Facility Search Search Again Full Name License Number Profession License Type License Status City State Zip Code 1 http://www.licensepa. state.pa.us/SearchResults.aspx?t_web_ lookup is_organization=N&... 5/14/2014 VERIFICATION I, Leon P. Haller, verify that the statements made in the foregoing Motion for Service of Notice of Sale are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller Attorney for Plaintiff PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney ID #15700 Dated: August 14, 2014 p U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. RICHARD S. TUTTLE LINDA W. TUTTLE, DEFENDANTS M THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2013-05399 MORTGAGE FORECLOSURE ORDER OF COURT AND NOW, to -wit, thisldday of Aujus✓, 2014, upon consideration of the Plaintiffs Motion for Service pursuant to special Order of Court, it is hereby ORDERED that the Motion is granted; and, it is further ORDERED that service of the Notice of Sale as required by Pennsylvania Rule of Civil procedure 3129.2(c)(1)(i)(C) be made upon Defendant RICHARD S. TUTTLE by mailing of copies of the Notice by ordinary and Certified mail to the Defendant's last known addresses 44 Warwick Circle, Mechanicsburg, PA 17050, 6009 White Church Road, Shippensburg, PA 17257, and 21 Bridge Water, Newville, PA 27241. se- Ie,, 1 4 ina d hho/moi% ./t IN THE COURT OF COMMON PLEA§Ir PR T0 O +f CUMBERLAND COUNTY, PENNSYLVANIA 2014 SEP -3 AM l! CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VS. RICI-IARD S. TUTTLE LINDA W. TUTTLE, Plaintiff Defendants CIVIL DIVISION CASE NO. 2013 05399 NOTICE OF THE DATE OF CONTINUED SHERIFF SALE THE SHERIFF'S SALE SCI-IDULED FOR SEPTEMBER 3, 2014 @ 10:00 PM IN THE ABOVE CAPTIONED MATTER HAS BEEN CONTINUED TO OCTOBER 1, 2014 @ 10:OOAM DATE: September 2, 2014 ttorney Leon P. PURCELL KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney ID ## 15700 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. RICHARD S. TUTTLE AND LINDA W. TUTTLE, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2013-05399 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on c . 8 Joh©I l- , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: RICHARD S. TUTTLE 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 RICHARD S. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 LINDA W. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 PSECU P. O. BOX 67013 HARRISBURG, PA 17106 By .iae KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA LISA RYNARD RICHARD S. TUTTLE 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 RICHARD S. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 LINDA W. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 PSECU P. O. BOX 67013 HARRISBURG, PA 17106 LAW OFFICES 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of sa. • Sheriffs Sale. By: 4•0011iO!7. Haller PA I.D.15700 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. RICHARD S. TUTTLE AND LINDA W. TUTTLE, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2013-05399 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 04, 2014 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2013-05399 JUDGMENT AMOUNT $141,713.59 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: RICHARD S. TUTTLE AND LINDA W. TUTTLE A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of Warwick Circle at the common front property corner of Lot No. 20-C and Lot No. 20-D as shown on the hereinafter mentioned plan of lots; thence along said Warwick Circle, North 01 degree 54 minutes 01 second east, a distance of 20.00 feet to a point at the dividing line between Lot No. 20-B and Lot No. 20-C; thence along said dividing line, south 88 degrees 05 minutes 59 seconds east, a distance of 110.00 feet to a point at the dividing line between Lot No. 19-A and Lot No. 20-C; thence along said dividing line, south 01 degree 54 minutes 01 second west, a distance of 20.00 feet to a point at the dividing line between Lot No. 20-C and Lot No. 20-D; thence along said dividing line, north 88 degrees 05 minutes 59 seconds west, a distance of 110.00 feet to a point, said point being the place of BEGINNING. CONTAINING 2,200.00 square feet. BEING Lot No. 20-C, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman & Associates, Inc., Engineers and Surveyors, and recorded on September 24, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 66, Pages 131-A, B, C, D, E and F. HAVING THEREON ERECTED A DWELLING KNOWN AS 44 WARWICK CIRCLE, SOUTHFIELD CROSSING, MECHANICSBURG, PA 17050 UNDER AND SUBJECT to restrictions appearing in Misc. Book 481, Page 1063, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania and as shown on the aforementioned Plan. BEING THE SAME PREMISES WHICH Fine Line Homes, Inc. by deed dated December 22, 2004 and recorded January 7, 2005 in Cumberland County Record Book 267, Page 292, granted and conveyed unto Richard S. Tuttle and Linda W. Tuttle, husband and wife. TO BE SOLD AS THE PROPERTY OF RICHARD S. TUTTLE AND LINDA W. TUTTLE ON JUDGMENT NO. 2013-05399 ASSESSMENT NO. 38-19-1621-184 7196 9008 9111 3021 7605 7196 9008 9111 3021 7582 TO: LINDA W. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 SENDER: P01455/40099N REFERENCE: NOS 06/04/14 PS Form 3800, January 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees USPS• Receipt for Certified Mail'" No Insurance Coverage Provided Do Not Use for International Mall PuMARK OR DATE •4. ARK 2 b TO: RICHARD S. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 SENDER: P01455/40099 REFERENCE: NOS 06/04/14 PS Form RETURN RECEIPT SERVICE 00 Janua USPS' Receipt for Certified Mar" No Insurance Coverage Provided Do Not Use for International Mai 7196 9008 9111 3021 7599 TO: RICHARD S. TUTTLE 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 SENDER: P01455/40099 REFERENCE: NOS 06/04/14 PS Form 3800, January 2005 C, t -A POSTMARK OR DATE �/ cr RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery E9 0 3. 2.70 5.05 Total Postage & Fee USPS• Receipt for Certified Mail'" No Insurance Coverage Provided Do Not the for International Mai POSTMARK OR DATE J/ )17y PENNSYLVANIA HOUSING FINANCE AGENCY v. RICHARD S. TUTTLE LINDA W. TUTTLE Cumberland County Sale 6/4/2014 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: RICHARD S. TUTTLE 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: RICHARD S. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: LINDA W. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 Postage: Postmark: <)° 4414‘' ,� g4111/ ® PITNEY HOWES 02 1M $ 01.30° 0004284324 FEB26 2014 MAILED FROM ZIP CODE 17102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: PSECU P. O. BOX 67013 HARRISBURG, PA 17106 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: TENANT/OCCUPANT 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 Postage: Postmark: P ,, Q. D(1,4„,..177„.„--7,., + • KiNEY BOWES 02 1M $ 01.30° 0004284324 FEB26 2014 MAILED FROM ZIP CODE 17102 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. RICHARD S. TUTTLE AND LINDA W. TUTTLE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO, 2013-05399 IN MORTGAGE FORECLOSURE SUPPLEMENTAL RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on /2-Z4 2014 , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: RICHARD S. TUTTLE 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 RICHARD S. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 RICHARD S. TUTTLE 21 BRIDGE WATER NEWVILLE, PA 27241 By PURCELL UG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA LISA RYNARD RICHARD S. TUTTLE 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 RICHARD S. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 RICHARD S. TUTTLE 21 BRIDGE WATER NEWVILLE, PA 27241 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real -1te will be divested by the sale and that you have an opportunity to protect your interest, if any, by being no "" of said Sheriffs Sale. By: eon P. Haller PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLA INTIFF VS. • RICHARD S. TUTTLE LINDA W. TU FILE, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2013-05399 MORTGAGE FORECLOSURE ORDER OF COURT AND NOW, to -wit, thisdOty of 42 , 2014, upon consideration of the Plaintiffs Motion for Service pursuant to special Order of Court, it is hereby ORDERED that the Motion is granted; and, it is further ORDERED that service of the Notice of Sale as required by Pennsylvania Rule of Civil procedure 3129.2(c)(1)(i)(C) be made upon Defendant RICHARD S. TUTTLE by mailing of copies of the Notice by ordinary and Certified mail to the Defendant's last known addresses 44 Warwick Circle, Mechanicsburg, PA 17050, 6009 White Church Road, Shippensburg, PA 17257, and 21 Bridge Water, Newville, PA 27241. BY THE COURT - A /- iv/ /6.1,44— yee.a4P, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. RICHARD S. TUTTLE AND LINDA W. TUTTLE, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2013-05399 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 04, 2014 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2013-05399 JUDGMENT AMOUNT $141,713.59 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: RICHARD S. TUTTLE AND LINDA W. TUTTLE A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right of way line of Warwick Circle at the common front property corner of Lot No. 20-C and Lot No. 20-D as shown on the hereinafter mentioned plan of lots; thence along said Warwick Circle, North 01 degree 54 minutes 01 second east, a distance of 20.00 feet to a point at the dividing line between Lot No. 20-B and Lot No. 20-C; thence along said dividing line, south 88 degrees 05 minutes 59 seconds east, a distance of 110.00 feet to a point at the dividing line between Lot No. 19-A and Lot No. 20-C; thence along said dividing line, south 01 degree 54 minutes 01 second west, a distance of 20.00 feet to a point at the dividing line between Lot No. 20-C and Lot No. 20-D; thence along said dividing line, north 88 degrees 05 minutes 59 seconds west, a distance of 110.00 feet to a point, said point being the place of BEGINNING. CONTAINING 2,200.00 square feet. BEING Lot No. 20-C, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman & Associates, Inc., Engineers and Surveyors, and recorded on September 24, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 66, Pages 131-A, B, C, D, E and F. HAVING THEREON ERECTED A DWELLING KNOWN AS 44 WARWICK CIRCLE, SOUTHFIELD CROSSING, MECHANICSBURG, PA 17050 UNDER AND SUBJECT to restrictions appearing in Misc. Book 481, Page 1063, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania and as shown on the aforementioned Plan. BEING THE SAME PREMISES WHICH Fine Line Homes, Inc. by deed dated December 22, 2004 and recorded January 7, 2005 in Cumberland County Record Book 267, Page 292, granted and conveyed unto Richard S. Tuttle and Linda W. Tuttle, husband and wife. TO BE SOLD AS THE PROPERTY OF RICHARD S. TUTTLE AND LINDA W. TUTTLE ON JUDGMENT NO. 2013-05399 ASSESSMENT NO. 38-19-1621-184 9414 7266 9904 2019 6693 32 • TO: RICHARD S. TUTTLE 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 SENDER: Bav REFERENCE: phfa vs. tuttle PS Form 3800, January 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery f 61- 3.30 2.70 Total Postage & Fees ,/•'''.:-97,;i7:'39 USPV Receipt for Certified Mair No Insurance Coverage Provided Do Not Use for International Mail iickk/acMARK OR 5.05 9414 7266 9904 2019 6893 18 TO: RICHARD S. TUTTLE 21 BRIDGE WATER NEWVILLE, PA 27241 SENDER: REFERENCE: bay phfa vs. tuttle PS Form 3800 Janua 2005 Certified Fee ReturnReceipt Fee Restricted Delivery Total Postage & Fee 3.30 2.70 5.0- USPS• Receipt for Certified Mail' No Insurance Coverage Provided Do Not Use for International Mail 9414 7266 9904 2019 6893 25 TO: RICHARD S. TUTTLE 44 WARWICK CIRCLE .SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 SENDER: bay REFERENCE: phfa vs. tuttle • PS Form 800, January 2005 ‘TMARK RETURN Postage RECEIPT SERVICE Certified Fee Return Receipt Fee estricted Delive Total Postage & F 134; A 3.30 2.70 5,705 9 USPS• Receipt for Certified Mail No insurance Coverage Provided Do Not Use for International Mail • ^ ^ STMARK 0 (.4 PENNSYLVANIA HOUSING FINANCE AGENCY v. RICHARD S. TUTTLE LINDA W. TUTTLE Cumberland County Sale 6/4/2014 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: RICHARD S. TUTTLE 6009 WHITE CHURCH ROAD SHIPPENSBURG, PA 17257 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1 719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: RICHARD S. TUTTLE 44 WARWICK CIRCLE SOUTHFIELD CROSSING MECHANICSBURG, PA 17050 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street 1-Iarrisburg, PA 17102 One piece of ordinary mail addressed to: RICHARD S. TUTTLE 21 BRIDGE WATER NEWVILLE, PA 27241 ces eiscriga, milI=4=8 ® PITNEY BOWES 02 1M $ 01.30° 0004284324 AUG22 2014 MAILED FROM ZIPCODE 17102 Postage: Postmark: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r 1L D -O. FICE r•I.+fj`lt�l Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor curt4ZV1 QCT 30Pi CUMBERLAND CBUST`( 0 FICF FTt; &i IF t PENNS"(LVASIA U.S. Bank National Association vs. Richard Tuttle (et al.) Case Number 2013-5399 SHERIFF'S RETURN OF SERVICE 02/25/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Richard Tuttle, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Franklin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/27/2014 10:05 AM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 44 Warwick Circle- Southfield Crossing, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 03/27/2014 10:05 AM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action; by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Linda W Tuttle at 44 Warwick Circle, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 05/12/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of Franklin County, the within named Defendant Richard'Tuttle, not found, 6009 White Church Road, is no longer a valid address, current resident has been there since October of 2013, did not leave a forwarding at post office. So Answers: Jonathan Nalewak, Deputy, Sheriff. 05/22/2014 As directed by Leon P. Haller, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 09/02/2014 As directed by Leon P. Haller, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/1/2014 10/01/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on October 01, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Leon Haller on behalf of The Secretary of Veterans Affairs Of Washington, D.C., His Successors and/or Assigns VRM, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $964.76 SO ANSWERS, October 09, 2014 RONI'J? R ANDERSON, SHERIFF c) i ourttySu e Snr,nif. T'eleosc;ft, inc. • LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-5399 Civil Term U.S. Bank National Association vs. Richard Tuttle Linda W. Tuttle Atty.: Leon P. Haller ALL THAT CERTAIN piece or par- cel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being Lot No. 20-C, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman & Associates, Inc., Engi- neers and Surveyors, and recorded on September 24, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 66, Pages 131-A, B, C, D, E and F, containing 2,200.00 square feet and HAVING THEREON ERECTED A DWELLING KNOWN AS 44 WARWICK CIRCLE, SOUTHFIELD CROSSING, MECHANICSBURG, PA 17050. Assessment No. 38-19-1621-184. Reference Cumberland County Record Book 267, Page 292. TO BE SOLD AS THE PROPERTY OF RICHARD S. TUTTLE AND LINDA W. TUTTLE ON JUDGMENT NO. 2013-05399. 114 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be atriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said 2013.5399 Civil Term subject matter of said printed notice or advertising, and that all of the allegations of this statement as lcter of publication are true; and U.S. Bank National " nal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on Association Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the Vs lirectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds Richard Tuttle iuphin in Miscellaneous Book "M", Volume 14, Page 317. Unda W Tuttle Atty: Leon P. Haller ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, being Lot No. 20-C, Final Subdivision Plan of Southfield Crossing (Phase Two), prepared by Hartman & Associates, Inc., Engineers and Surveyors, and recorded on September 24,1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 66, Pages 131-A, B, C, D, E and F containing 2,200.00 square feet and HAVING THEREON ERECTED A DWELLING KNOWN AS 44 WARWICK CIRCLE, SOUTHFIELD CROSSING, MECHANICSBURG, PA 17050' Assessment No. 38-19-1621-184 Reference Cumberland County Record Book 267, Page 292. TO BE SOLD AS THE PROPERTY OF RICHARD S. TUTTLE AND LINDA W. TUTTLE ON JUDGMENT NO. 2013-05399 This ad ran on the date(s) shown below: 04/13/14 04/20/14 • 04/27/14 ard subscribed before me this 02 day of May, 2014 A.D. COMMONWEALTH CF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Veterans Affairs Sec is the grantee the same having been sold to said grantee on the 1st day of October A.D., 2014, under and by virtue of a writ Execution issued on the 21st day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 5399, at the suit of U S Bank N A Trustee for Pa Housing Fin Agency against Richard S & Linda W Tuttle is duly recorded as Instrument Number 201424908. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3'o att:64._ , A.D. day of • Z(..1 )21. „o:i Recorder of Deeds Recorde' of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 On February 25, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as 44 Warwick Circle, Southfield Crossing, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: February 25, 2014 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this da of Ma 2014 . Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLfNS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28. 2018