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HomeMy WebLinkAbout13-5602 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUMBERL County 13 The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint © Writ of Summons Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: U, S . BANK NATIONAL Lead Defendant's Name: ASSOCIATION.AS TRUSTEE FOR THE PENNSYLVANIA JOSEPH A. SCOTT Z' HOUStNO FtNANCE AGENeY Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? El Yes El No (check one) El outside arbitration limits O N Is this a Class Action Suit? Yes ED No Is this an MDJAppeal? []Yes 0 No A Name of Plaintiff /Appellant's Attorney: Leon P. Haller / Jill M. Wineka El Check here if you have no attorney (are a Self - .Represented 1Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional El Buyer Plaintiff Administrative Agencies Q Malicious Prosecution El Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other E] Board of Elections Nuisance 0 Dept. of Transportation Premises Liability El Statutory Appeal: Other S Product Liability (does not include E] Employment Dispute: E mass tort) Slander/Libel /Defamation Discrimination C 0 Other: © Employment Dispute: Other 0 Zoning Board ©Other: T I Other: O MASS TORT F1 Asbestos N 0 Tobacco Q Toxic Tort - DES E] Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste 0 Other: El Ejectment [] Common Law /Statutory Arbitration B El Eminent Domain /Condemnation 0 Declaratory Judgment. El Ground Rent F1 Mandamus El Landlord /Tenant Dispute Non- Domestic Relations E] Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial Quo Warranto El Dental n Partition El Replevin E] Legal E] Quiet Title Other: Q Medical Other: _ Other Professional: Updated 1/1/2011 (yl . C E D -O f �ii,C 1 r��7 Tt1OP1O Ti, t1 `l' Leon P. Haller, Esquire , 2�,. �� Purcell, Krug & Haller COUNTY MSERI_AND 1719 North Front Street � , , Harrisburg, PA 17102 FErNNS YL.VANI 717.234.4178 mtg @pkh.com U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING OF CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE JOSEPH A. SCOTT > 3 - 5bo Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717- 249 -3166 AVISO LE .HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 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 REFERENCIA DE ABOGADOS), (215) 238 -6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET --� CARLISLE, PA 17013 7,6�,,W 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 JOSEPH A. SCOTT, Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234 -4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY, Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE JOSEPH A. SCOTT, Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 and as amended by Supplemental Indenture of Trust dated March 1, 2007, is acting through the Pennsylvania Housing Finance Agency ( "Agency "), its appointed Limited Power of Attorney, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. The Limited Power of Attorney executed October 4, 2006 between the Plaintiff and the Agency is recorded in the Recorder of Deeds Office of the within County and Commonwealth on October 11, 2006 in Book 731, Page 421. The Limited Power of Attorney is incorporated herein by reference pursuant to Pa.R.C.P. 1019(g). 2. Defendant, JOSEPH A. SCOTT, is an adult individual whose last known address is 6 ADAMS ROAD, CARLISLE, PA 17015. 3. On or about, September 19, 2006, the said Defendant executed and delivered a Mortgage Note in the sum of $135,826.00 payable to NATIONAL CITY MORTGAGE a division of National City Bank, which Note is attached hereto and marked Exhibit "A ". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on September 22, 2006 in Mortgage Book 1966, Page 4130 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 October 26, 2006 in Book 731, Page 2740. 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: 6 ADAMS ROAD, CARLISLE, PA 17015 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on January 01, 2013 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $122,815.37 Interest at $19.19 per day $5,833.76 From 12/01/2012 To 10/0 1 /2013 ( based on contract rate of 5.6250 %) Accumulated Late Charges $114.12 Late Charges $31.28 $281.52 From 01/01/2013 to 10/01/2013 Escrow Deficit $259.46 Attorney's Fee at 5% of Principal Balance $6,140.77 TOTAL $135,445.00 * *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. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letter dated April 10, 2013 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the April 10, 2013 Act 6 Notice is attached hereto and marked Exhibit "D ". 3 9. The within Mortgage is insured by the Federal Housing Administration under Title II of the National r Housing, Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 10. Thd Defendant is not a member of the Armed Forces of the United States of America; nor engaged in any way which_ would bring him within the Soldiers and Sailors Relief Act of 4 940, as amended. A copy of the website report from the Department of Defense Manpower Data Center, confirming non- active military duty is attached as Exhibit "E ". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due `together with interest ai the rate of 5.6250% ($19.19 per diem), together with other charges and costs including escrow advances'mcidental' th&eio to-the date of Sheriff s Sale and for foreclosure and sale of the property wwithin described.' By: PURCELL, KRUG HALLER Leon P : Haller`; "'Esquire ` I.D. #'i5700 1 Jill M. Wineka I.D. #58802 AttorneysTor Plaintiffi 1719 N: Front - Street " ' Harrisburg, PA 17102 (717- 234 - 417:8) i 4 :1 . NOTE FHA Case No. Multistate 4417850744- 703 September 19, 2006 0004858002 [Date] 0 q�' 6 ADAMS RD, CARLISLE, Pennsylvania 17013 , r P p �� [Property Address] ` 1 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and. assigns. "Lender" means National City Mortgage a division of National City Bank and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED THIRTY FIVE THOUSAND EIGHT HUNDRED TWENTY SIX & 00 /100 Dollars (U.S. $ 135,826.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FIVE AND FIVE - EIGHTHS percent ( 5.625 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on November 1 , 2006 . Any principal and interest remaining on the first day of October , 2036 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at National City Mortgage Co. P O Box 17677 Baltimore, MD 21297-1677 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount 781.90 This amount Each monthly payment of principal and interest will be in the amount of U.S. $ will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ❑Graduated Payment Allonge ❑Growing Equity Allonge ❑Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA Multistate Fixed Rate Note . 10195 - o R ( 021 0 ) .01 ) VMP Mortgage Solutions (800)521.72 1 P i I III�III VIII III' IIIIII IIII IIII lIII 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent( 4.00 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) (Seal) JO EPH A SCOTT - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) PAY TO THE ORDER OF PENNSYLVANIA HOUSING FINANCE AGENCY WITHOUT RECOURSE Borrower NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK -1 R (021,14 01 Page 2 of 2 l LA EVANS, MORTGAGE OFFICER 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: 40240744035 1467026 Above space is intentionally left blank for recording data. ASSIGNMENT OF MORTGAGE For value received, PENNSYLVANIA HOUSING FINANCE AGENCY ( "PHFA "), hereby grant, sell, convey, assign and deliver unto the U.S. BANK NATIONAL ASSOCIATION, (Trustee for the Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated as of April 1, 1982), its successors and assigns, the following described Mortgage, together with the Note secured thereby: Name of Original Mortgagor(s): JOSEPH A. SCOTT Secured by the real property located at: 6 ADAMS ROAD, CARLISLE, PA 17015 Municipality of: TOWNSHIP OF SOUTH MIDDLETON Original Principal Amount: $135,826.00 County Recorded in: CUMBERLAND Mortgage Recorded: September 22, 2006 Record Book: 1966 Page: 4130 Last Assignment to: PA Housing Finance Agency Record Book: 731 Page: 2740 IN WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 095, PHFA) [MUNOZ2] DATED: July 11, 2013 By: PENNSYLVANIA HOUSING FINANCE AGENCY Thomas F. Brzana, Jr. Director of Loan Servicing Division COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the V� day of 2013, before me, the undersigned officer, personally appeared Thomas F. Brzana, Jr. Director of L&jfi Serv' ing 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. 0 AA Notary Public CO ONWEALTW Pi= NNMVAN1A Nptafiai %gal Kimberloy A. Ayala, wtary Public City of Harrisburg, Dauphin County My Commission Expires ]an. 15, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 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 Authorized Officer ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described In accordance with the Revised Plan of Lots 11 through 27 of Walnut Terrace, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 13, Page 24, as follows: BEGINNING at a point on the Eastern line of Township Road No. 476 (a 33 -foot wide public Road), which point is One Hundred Sixty -three and Twenty-six hundredths (163.26) feet South of the center line of the Walnut Bottom Road; thence North Fifty-seven (57) degrees Fifty (50) minutes East, a distance of One Hundred Sixty and Nineteen hundredths (160.19) feet to a point, the Northwestern corner of Lot no. 19; thence along the Western line of Lot No. 19, South Seventeen (17) degrees Fifty -five (55) minutes Fifty (50) seconds East, a distance of Seventy-four and Seventy-five hundredths (74.75) feet to a point; thence along the Northern line of Lot No. 12, South Forty -nine (49) degrees Thirty -seven (37) minutes West, a distance of One Hundred Thirty (130) feet to a point on the Eastern line of Township Road No. 476; thence along the Eastern line of said Township Road No. 476, North Forty (40) degrees Twenty -three (23) minutes West, a distance of Ninety-one and Ninety-eight hundredths (91.98) feet to a point, the Place of BEGINNING. BEING all of Lot No. 11 as shown on the said Revised Plan of Lots 11 through 27 of Walnut Terrace, and having thereon erected a 1 -story brick ranch -type dwelling house with attached carport. UNDER AND SUBJECT, NEVERTHELESS, to the building and use restrictions as set forth in Deed Book T, Volume 20, Page 594. C Pennsylvania Haus-ing Finance Agency Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105 -5057 (800) 346 -3597 FAX (717) 780 -3899 TTY (717) 780 -1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 4/10/2013 RE: Account No. 1467026 JOSEPH A. SCOTT 13 E COUNTRYSIDE DR BOILING SPRINGS, PA 17007 -9722 RE: 6 ADAMS RD CARLISLE, PA 17015-7933 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter We, Us or Ours) on your property located at 6 ADAMS RD, CARLISLE, PA 17015 -7933, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,001.00 for 1/2013 through 4/2013 for a total of $4,004.00. Late charges and NSF charges that have accrued to this date in the amounts of $207.96 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $4,223.96. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $4,223.96, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash in our office, cashier's check, certified check or money order and made at: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET /P.O. BOX 15057 HARRISBURG, PA 17105 -5057 1- 800 - 822 -7375 or TTY (800) 346 -3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exercise our right to accelerate the mortgage payments This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgageed property If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty -day period, you will not be required to pay attorney fees. �✓(\ I ' � V � t �\ / r FHAACT /dtmdocs /ALSV/ We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty -day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff Ps foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments and any late or other charges then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1- 800 - 822 -7375. This payment must be made payable in cash in our office, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualify for replacement insurance if you wish to retain it. If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. Sincerely, �r Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105 -5057 TLG/ FH AACT /dtmdocs /ALSV/ Pennsylvania Hous -ing Finance Agency Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, PA 1 71 05 -5 05 7 (800) 346 -3597 FAX (717) 780 -3899 TTY (717) 780 -1869 NOTICE 4/10/2013 JOSEPH A. SCOTT 13 E COUNTRYSIDE DR BOILING SPRINGS, PA 17007 -9722 RE: Account #1467026 TO: JOSEPH A. SCOTT 6 ADAMS RD CARLISLE, PA 17015 -7933 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ( "HUD ") and experienced in the provision of homeownership counseling. Attached is a current list of HUD - approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD's toll free number (800) 569 -4287 for financially distressed mortgagors for information concerning HUD - approved housing counseling agencies. Attachment: Housing Counseling List F H AACT /dtmdoc s/A L S V/ * ** PLEASE BE SURE THE AGENCY OF YOUR CHOICE SERVICES YOUR COUNTY' *' CCCS OF WESTERN PA- HARRISBURG NACA 2000 LINGLESTOWN RD. 1341 N DELAWARE AVE; SUITE 312 HARRISBURG, PA. 17110 PHILADELPHIA, PA. 19125 Phone:888 -599 -2227 Phone:888- 297 -5568 HOUSING ALLIANCE OF YORK PHILADELPHIA COUNCIL OF COMMINITY DEVELOPMENT 34 S. Duke St. ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 York, PA 17401 -1106 PHILADELPHIA, PA. 19103 -1828 Phone: 800-864-4909 Phone:800- 930 -4663 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608 -1676 Phone: 717 - 397 -5182 FHAACT /dtmdocs /ALSW 7196 9008 9111 8540 7600 y 71961 9008 9111 8540 7617 r TO: JOSEPH A SCOTT TO: JOSEPH A SCOTT 6 ADAMS RD 13 E COUNTRYSIDE DR CARLISLE,PA 17015 BOILING SPRINGS,PA 17007 SENDER: HAKES SENDER: HANES REFERENCE: 1467026 REFERENCE: 1467026 i i y PS Form 3800 January 2005 k PS Form 3800 January 2005 RETURN Postage 46 RETURN Postage SERVICE Certified Fee RECEIPT Certified Fee 3 10 SERVICE Return Receipt Fee 2 C Return Receipt Fee 2 99 Restricted Delivery Restricted Delivery Total Postage &Fees 6 Total Postage & Fees ' 6U U$PS POSTMARORD4` "• o POSTNIAlKUR'E�T�� LISPS Receipt for s' Receipt f ®r Certified MaiITM ;Certified Mail'" No Insurance Coverage Provided g � ® No Insurance Coverage Provided Do Not Use for International Mail ' w Do Not Use for international Mail V• II II Mtn o r•I 1 " 1 0 11 II N o •� II II NCO L C4J II II �T N o U 7 II 11 N z o z 00 II II \ 1 \ 4- J II 11 •• }o ••} O +' II II r-1 o H 4J a 11 II ON r-1 M o O L L x 0 n n D fu N II II it q ro •• a z b II Q O b Of E 11 II ri II H II r-i •rl a) w O a) Ian mm w N LL II q II + a- N II II O C al a! 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W z •• U •� IM 4J C 1- (4 a) o W Q r•( • N "y q _ I- •r1 h �0 3 # 2 •• r-I ri •• •• •• •• r-I x U) in 7 CO Q C L ri •r1 L ri -H O- L ri L (0 W a) > w N •• L a (0 L O- M 0'0 •r1 'D OI II Cn w F O d O E E O E E L V (0 'O a) M (0 00 JU MLu W Mw WO_Q fQ J LL 0- Department of Defense Manpower Data Center Results as of: Aug-08-2013 05:19:39 SCRA 10 -- s� L:TS LJa - ii. to SC'I'��11:C';in.QIY5.b r. �' . c-( Last Name: SC First Name: JOSEPH Middle Name: ^_ Active Duty Status As Of: Aug -08 -2013 R. On Active Duty On Active Duty Status Date Active Duty Start Date Active Du End Date Status Duty Service Component NA NA N 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 -- ,-Fnc 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 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. r 1A ' Mary M. Snavely- Dixon, Director �- Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 a Arlington, VA 22350 ,4 �I 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 By V41t,u Thomas F. Brzana, Jr., irector 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 SCOTT 1467026 O F 7'F 1 ' 1 I . a 2413 SEP 25 9: t� U.S. BANK NATIONAL ASSOCIATION AS : IN THE COURT OF COMMON PLEACUMBERLA D COUNTY TRUSTEE FOR THE PENNSYLVANIA HOUSING : CUMBERLAND COUNTY PENNSYLVANIPt ENNS YLVAJg1A FINANCE AGENCY Plaintiff(s) VS. JOSEPH A. SCOTT f / Defendants) /.3 �U/�°Z Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by . a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. it is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully s ted: 9/24/13 Date Leon Haller / Jill Wineka Attorney for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 1570a / 58802 U.S. BANK AITIONAL ASSOCIATION AS IN THE COURT OF COMMON PLEAS OF TRUSTEE FOR THE ENNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY Plaintiff(s) VS. JOSEPH A. SCOTT Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 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: CUSTOMERIPRIMARY APPLICATION 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? CO-B Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? INFORMATI FINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currentiv 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 ❑ 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: AUTH I/We, authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date 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 .' Jody S Smith , i (° 'E, Chief Deputy ? Richard W Stewart r< , Solicitor E E RI _� r `(U8 A US Bank National Association Case Number vs. Joseph A Scott 2013-5602 SHERIFF'S RETURN OF SERVICE 10/01/2013 04:03 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Joe Scott- Father, who accepted as"Adult Person in Charge"for Joseph A Scott at 13 E. Countryside Drive, South MMGUTSHALL,ings, PA 17007. DEPUTY 10/25/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: 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 Served" at 6 Adams Road, South Middleton, Carlisle, PA 17015. Deputies were advised by a neighbor that the residence is still occupied but after several attempts at service deputies were unable to make contact with anyone at the residence to effectuate service, the Complaint has expired at this time. SHERIFF COST: $84.68 SO ANSWERS, October 25, 2013 RON R ANDERSON, SHERIFF :cunt_iSu e Shenff,Teisosoft mc. THE i'ROTHON 3 LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 2913 DEC -9 PH 1: 37 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 CUMBERLA9 D Ud3. N I `r` (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 - 05602 CIVIL TERM JOSEPH A. SCOTT : IN MORTGAGE FORECLOSURE• Defendant MOTION TO LIFT STAY IMPOSED BY THE MORTGAGE FORECLOSURE DIVERSION PROGRAM AND NOW comes Plaintiff, U. S . Bank National Association Trustee for The Pennsylvania Housing Finance Agency, through it ' s counsel, Leon P. Haller , and in accordance with Paragraph (k) of the Order of February 28, 2012 , establishing the Mortgage Foreclosure Diversion Program, represents as follows : 1 . The within foreclosure action was filed September 25 , 2013 . 2 . Service of the Complaint and Notice of Residential Mortgage Foreclosure Diversion Program was made on October 1, 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 . Haller 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 - 05602 CIVIL TERM JOSEPH A. SCOTT : IN MORTGAGE FORECLOSURE • 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: Joseph A. Scott 6 Adams Road Carlisle, PA 17015 Joseph A. Scott 13 East Countryside Drive Boiling Springs, PA 17065 Leon P. Halle Dated: December 5 , 2013 Attorney for Plaintiff U. S . BANK NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY • Plaintiff : CIVIL ACTION - LAW vs . : NO. 2013 - 05602 CIVIL TERM JOSEPH A. SCOTT : IN MORTGAGE FORECLOSURE Defendant • ORDER AND NOW, this /(s day of , 2013 , upon consideration of Plaintiff Petition to Lift Stay, Notice of the Residential Mortgage Foreclosure Diversion Program having been served on October 1, 2013 , and Defendant having not opted to participate in the Mortgage Foreclosure Diversion Program, IT IS HEREBY ORDERED that the stay imposed by the Mortgage Foreclosure Diversion Program be lifted and Plaintiff may proceed with its mortgage foreclosure action. BY THE COURT: J. t_") r. CCor • 4T_ iks "1 LPL u}� — r r: r /lit.//3 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 c VS. NO. 2013-05602 rri JOSEPH A. SCOTT, c- DEFENDANT(S) MORTGAGE FORECLOSURE -C? CD PRAECIPE (--) �--- TO THE PROTHONOTARY OF THE WITHIN COUNTY: i Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) JOSEPH A. SCOTT 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 $122,815.37 Interest $5,833.76 Per diem of$19.19 From 12/01/2012 To 10/01/2013 Accumulated Late Charges $114.12 Late Charges $281.52 ($31.28 per month to 10/01/2013) Escrow Deficit $259.46 5%Attorney's Commission $6,140.77 TOTAL $135,445.00 **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 & HA By Haller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 w�a .6110.S* a C Lit I q/5-4). p4430 q 3(P bAs)ce‘ LlettV 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. 2013-05602 IN MORTGAGE FORECLOSURE JOSEPH A. SCOTT, 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 Leon P. H. - 'A I.D. # 15700 Attorne for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff NO. 2013-05602 VS. CIVIL ACTION LAW JOSEPH A. SCOTT IN MORTGAGE FORECLOSURE Defendant DATE OF THIS NOTICE: December 26,2013 TO: JOSEPH A. SCOTT 13 E. COUNTRYSIDE DRIVE BOILING SPRINGS, PA 17007 JOSEPH A. SCOTT 6 ADAMS ROAD CARLISLE, PA 17015 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 LLER By LEON P. HALLER, Atto, ney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717)234-4178 U.S.BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, PLAINTIFF CIVIL ACTION LAW VS. NO. 2013-05602 JOSEPH A. SCOTT, IN MORTGAGE FORECLOSURE DEFENDANT NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA • SS 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 men his t day • o ■ 2Ovy .• / Ad 1 ••"-- _ 01\ ---P. HALLER, ESQUIRE Notar P tic MyCorni7° 3 :;h O3PLj.L,2014 pepprtment of Defense Manpower Data Center Results as of:Feb-06-2014 10:01:20 AM SCRA 3.0 R s,i t status Report A _ °' Pursuant to Servicemernbers Civil Relief Act �,.f9r. yRY Last Name: SCOTT First Name: JOSEPH Middle Name: A Active Duty Status As Of: Feb-06-2014 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 Da s 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. )11aotli„ 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/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: H7X9DBD4V024Y30 _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION-LAW AT NO. 2013-05602 U.S.BANK NATIONAL ASSOCIATION,AS Total Judgment Amount $135,445.00 TRUSTEE FOR THE PENNSYLVANIA HOUSING Interest $4,604.55 FINANCE AGENCY, Per diem of$19.19 to sale PLAINTIFF date 6/4/2014 Late Charges $250.24 VS. $31.28 per month to sale date 6/4/2014 JOSEPH A. SCOTT, Escrow Deficit $1,969.07 DEFENDANT(S) TOTAL WRIT $142,268.86 *Plus additional interest,late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday,June 04,2014 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk 1( Other Costs ) PRAECIPE FOR WRIT OF EXECUTION-MORTGAGE FORECLOSUIR / + < TO THE PROTHONOTARY/CLERK OF SAID COURT: _< CD r-a= Ca Issue Writ of Execution in the above captioned case. r = =- O - u ' Date: February 6,2014 ' r.,-: Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg,PA 17102 PA I.D. #15700 (717)234-4178 WRIT OF EXECUTION- ORTGAGE FO' CLOSURE COMMONWEALTH OF PENNSYLVANIA . S COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the abo caption..' case,you are directed to levy upon and sell the property described in the attached description know' as 6 ADA ROAD CARLISLE,PA 17015 Date: PROTHONOTARY/ . RK CIVIL DIVISION 1iA Ge 3.. a BY �/` a c I ,u? T DEPUTY )03.-) S ar �d sD � � 's.`�3 CJJ9/c2 '4,30141(0* D' PC:7-- 5iPei ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Revised Plan of Lots 11 through 27 of Walnut Terrace,which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 13, Page 24, as follows: BEGINNING at a point on the Eastern line of Township Road No. 476 (a 33 foot wide public road), which point is one hundred sixty three and twenty six hundredths (163.26) feet South of the center line of Walnut Bottom Road;thence North 57 degrees 50 minutes East, a distance of one hundred sixty and nineteen hundredths (160.19) feet to a point,the Northwestern corner of Lot No. 19; thence along the Western line of Lot No. 19, South 17 degrees 55 minutes 50 seconds East, a distance of seventy four and seventy five hundredths (74.75) feet to a point;thence along the Northern line of Lot No. 12, South 49 degrees 37 minutes West, a distance of one hundred thirty(130) feet to a point on the Eastern line of Township Road No. 476; thence along the Eastern line of said Township Road No. 476,North 40 degrees 23 minutes West, a distance of ninety one and ninety eight hundredths (91.98) feet to a point, the place of BEGINNING. BEING all of Lot No. 11 as shown on the said Revised Plan of Lots 11 through 27 of Walnut Terrace. HAVING THEREON ERECTED a one-story brick ranch-type dwelling house with attached carport, and known as: 6 ADAMS ROAD, CARLISLE, PA 17015 Under and subject to the building and use restrictions as set forth in Deed Book T,Volume 20,Page 594. BEING THE SAME PREMISES WHICH Jeanette M. Smith by deed dated September 19, 2006 and recorded September 22,2006 in Cumberland County Record Book 276, Page 3893,granted and conveyed unto Joseph A. Scott. TO BE SOLD AS THE PROPERTY OF JOSEPH A. SCOTT ON JUDGMENT NO. 2013-05602 ASSESSMENT NO. 40-24-0744-035 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. 2013-05602 JOSEPH A. SCOTT, IN MORTGAGE FORECLOSURE 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 6 ADAMS ROAD CARLISLE,PA 17015: 1. Name and address of the Owner(s) or Reputed Owner(s): JOSEPH A. SCOTT ' 13 E. COUNTRYSIDE DRIVE ? BOILING SPRINGS, PA 17007 - ' -' co r— JOSEPH A. SCOTT 6 ADAMS ROAD ' - '7 CARLISLE, PA 17015 = : ca 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: South Middleton Township Municipal Authority P. O. Box 8 Boiling Springs, PA 17007 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Pennsylvania Housing Finance Agency 211 North Front Street P. O. Box 15057 Harrisburg, PA 17105-5057 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 6 ADAMS ROAD CARLISLE, PA 17015 (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 autho ¢3► Haller PA I.D. #15700 urcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:February 6, 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. 2013-05602 JOSEPH A. SCOTT, IN MORTGAGE FORECLOSURE DEFENDANT(S) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate)will be held: } DATE: Wednesday,June 04,2014 - TIME: 10:00 O'clock A.M. c :› CZ) , -. LOCATION: Cumberland County Courthouse -c Carlisle, Pennsylvania 17013 z G1 ;-c 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: 6 ADAMS ROAD CARLISLE, PA 17015 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No.2013-05602 JUDGMENT AMOUNT $135,445.00 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: JOSEPH A. SCOTT 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 tract of land situate in South Middleton Township, Cumberland County, Pennsylvania,bounded and described in accordance with the Revised Plan of Lots 11 through 27 of Walnut Terrace,which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 13, Page 24, as follows: BEGINNING at a point on the Eastern line of Township Road No. 476 (a 33 foot wide public road), which point is one hundred sixty three and twenty six hundredths (163.26) feet South of the center line of Walnut Bottom Road;thence North 57 degrees 50 minutes East, a distance of one hundred sixty and nineteen hundredths (160.19) feet to a point,the Northwestern corner of Lot No. 19; thence along the Western line of Lot No. 19, South 17 degrees 55 minutes 50 seconds East, a distance of seventy four and seventy five hundredths (74.75) feet to a point; thence along the Northern line of Lot No. 12, South 49 degrees 37 minutes West, a distance of one hundred thirty (130) feet to a point on the Eastern line of Township Road No. 476;thence along the Eastern line of said Township Road No. 476,North 40 degrees 23 minutes West, a distance of ninety one and ninety eight hundredths (91.98) feet to a point, the place of BEGINNING. BEING all of Lot No. 11 as shown on the said Revised Plan of Lots 11 through 27 of Walnut Terrace. HAVING THEREON ERECTED a one-story brick ranch-type dwelling house with attached carport,and known as: 6 ADAMS ROAD, CARLISLE, PA 17015 Under and subject to the building and use restrictions as set forth in Deed Book T,Volume 20,Page 594. BEING THE SAME PREMISES WHICH Jeanette M. Smith by deed dated September 19, 2006 and recorded September 22,2006 in Cumberland County Record Book 276,Page 3893, granted and conveyed unto Joseph A. Scott. TO BE SOLD AS THE PROPERTY OF JOSEPH A. SCOTT ON JUDGMENT NO. 2013-05602 ASSESSMENT NO. 40-24-0744-035 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5602 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 JOSEPH A. SCOTT (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: $135,445.00 L.L.: $.50 Interest $4,604.55 PER DIEM OF$19.19 TO SALE DATE 6/4/2014 Atty's Comm: Due Prothy: $2.25 Atty Paid: $233.43 Other Costs: LATE CHARGES$31.28 PER MONTH TO SALE DATE 6/4/14-$250.24 ESCROW DEFICIT-$1,969.07 Plaintiff Paid: Date: 2/10/14 David D.Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LEON P.HALLER,ESQUIRE Address: PURCELL,KRUG& HALLER 1719 NORTH FRONT STREET HARRISBURG,PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. JOSEPH A. SCOTT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2013-05602 IN MORTGAGE FORECLOSURE DEFENDANT(S) RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on A1140,014- , 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: JOSEPH A. SCOTT 13 E. COUNTRYSIDE DRIVE BOILING SPRINGS, PA 17007 JOSEPH A. SCOTT 6 ADAMS ROAD CARLISLE, PA 17015 South Middleton Township Municipal Authority P. 0. Box 8 Boiling Springs, PA 17007 Pennsylvania Housing Finance Agency 211 North Front Street P. O. Box 15057 Harrisburg, PA 17105-5057 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 6 ADAMS ROAD CARLISLE, PA 17015 By PURL UG & HALLER Atte eys 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 JOSEPH A. SCOTT 13 E. COUNTRYSIDE DRIVE BOILING SPRINGS, PA 17007 JOSEPH A. SCOTT 6 ADAMS ROAD CARLISLE, PA 17015 South Middleton Township Municipal Authority P. O. Box 8 Boiling Springs, PA 17007 LAW OFFICES 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 Pennsylvania Housing Finance Agency 211 North Front Street P. O. Box 15057 Harrisburg, PA 17105-5057 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 6 ADAMS ROAD CARLISLE, PA 17015 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 said Sheriffs Sale. on P. Haller PA I.D. 5700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. JOSEPH A. SCOTT, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2013-05602 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: 6 ADAMS ROAD CARLISLE, PA 17015 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2013-05602 JUDGMENT AMOUNT $135,445.00 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: JOSEPH A. SCOTT 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 tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Revised Plan of Lots 11 through 27 of Walnut Terrace, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 13, Page 24, as follows: BEGINNING at a point on the Eastern line of Township Road No. 476 (a 33 foot wide public road), which point is one hundred sixty three and twenty six hundredths (163.26) feet South of the center line of Walnut Bottom Road; thence North 57 degrees 50 minutes East, a distance of one hundred sixty and nineteen hundredths (160.19) feet to a point, the Northwestern corner of Lot No. 19; thence along the Western line of Lot No. 19, South 17 degrees 55 minutes 50 seconds East, a distance of seventy four and seventy five.hundredths (74.75) feet to a point; thence along the Northern line of Lot No. 12, South 49 degrees 37 minutes West, a distance of one hundred thirty (130) feet to a -point on the Eastern line of Township Road No. 476; thence along the Eastern line of said Township Road No. 476, North 40 degrees 23 minutes West, a distance of ninety one and ninety eight hundredths (91.98) feet to a point, the place of BEGINNING. BEING all of Lot No. 11 as shown on the said Revised Plan of Lots 11 through 27 of Walnut Terrace. HAVING THEREON ERECTED a one-story brick ranch.type:dwelling house with attached carport, and known as: 6 ADAMS ROAD, CARLISLE, PA 17015 Under and subject to the building and use restrictions as set forth in Deed Book -T, -Volume 20, Page 594. _ BEING THE SAME PREMISES WHICH Jeanette M. Smith by deed dated September 19, 2006 and recorded, ° September 22, 2006 in Cumberland County Record Book 276 Page 3893; granted and conveyed unto Joseph A. Scott. TO BE SOLD, AS THE PROPERTY OF JOSEPH A. SCOTT ON JUDGMENT NO. 2013-05602 ,. ASSESSMENT NO. 40-24-0744-035 7196 9008 9111 3022 2265 7196 9008 9111 3022 2258 TO: JOSEPH A. SCOTT 13 E. COUNTRYSIDE DRIVE BOILING SPRINGS, PA 17007 SENDER: P01455/40181 REFERENCE: NOS 06/04/14 PS Form 3800. Janua ry 2005 TO: JOSEPH A. SCOTT 6 ADAMS ROAD CARLISLE, PA 17015 SENDER: P01455/40181 REFERENCE: NOS 06/04/14 PS Form 3800, January 2005 RETURN RECEIPT SERVICE Postagrr Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees USPS. Receipt for Certified Mail"' ( I No Insurance Coverage Provided Do Not Use for International Mall POSTMARK OR DATE " • 4e7 3.30 2.70 /5/IYY RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery 3.30 2.70 5.05 Total Postage & Fees "‹.7. USPS. Receipt for Certified Mair No Insurance Coverage Provided Do Not Use for International Mail tpy 1 �+ 'PENNSYLVANIA HOUSING FINANCE AGENCY v. JOSEPH A. SCOTT 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: JOSEPH A. SCOTT 13 E. COUNTRYSIDE DRIVE BOILING SPRINGS, PA 17007 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: JOSEPH A. SCOTT 6 ADAMS ROAD CARLISLE, PA 17015 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 Postage: Postmark: z®ate PITNEY BOWES 02 1M $ 01.30° 0004284324 FEB 1 4 2014 MAILED FROM ZIP CODE 1 7102 'PENNSYLVANIA HOUSING FINANCE AGENCY v. JOSEPH A. SCOTT 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: TENANT/OCCUPANT 6 ADAMS ROAD CARLISLE, PA 17015 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: South Middleton Township Municipal Authority P. 0. Box 8 Boiling Springs, PA 17007 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: Pennsylvania Housing Finance Agency 211 North Front Street P. 0. Box 15057 Harrisburg, PA 17105-5057 Postage: Postmark: 1.- PT EV COWES 02 1M 0004284324 FEB14 2014 MARLED FROM ZIP CODE 1 7102 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VS. JOSEPH A. SCOTT, Plaintiff Defendant CIVIL DIVISION CASE NO. 2013-05602 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 @ 10:00AM DATE: June 3. 2014 BY Attorney Leon P. Haller PURCELL KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney ID #15700 I. SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson FILED -OFFICE Sheriff 'x' THdE PROTHONOTARY Jody S Smith 2014 OCT 2 I PM 2=• 57 Chief Deputy Richard W Stewart 4�: CUMBERLAND COUNTY Solicitor OFFC,EO'-uE,SkERIFF PENNSYLVANIA US Bank National Association vs. Case Number Joseph A Scott 2013-5602 SHERIFF'S RETURN OF SERVICE 03/21/2014 09:09 PM - Deputy Jeff Kolodzi, 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 Joey Scott, father, who accepted as "Adult Person in Charge" for Joseph A Scott at 13 E. Countryside Drive, South Middleton, Boiling Springs, PA 17007, Cumberland County. 03/25/2014 07:46 PM - Deputy Dawn Kell, 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 6 Adams Road, South Middleton - Township, Carlisle, PA 17015, Cumberland County. 06/03/2014 As directed by Leon P. Haller, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 09/03/2014 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 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Leon P. Haller, on behalf of U.S. Bank National Association Trustee for the Pennsylvania Housing Finance Agency, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $874.23 SO ANSWERS, September 18, 2014 RONNY R ANDERSON, SHERIFF (c) Cc ntySt,,te Sherif`. 1 elecsoft Inc. On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as 6 Adams Road, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator 9Z d H 23.4 hl�l P'p . LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-5602 Civil Term U.S. Bank National Association vs. Joseph A. Scott Atty.: Leon P. Haller ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, described in accordance with the Revised Plan of Lots 11 through 27 of Walnut Terrace, which Plan is recorded in the Cumberland County Plan Book 13, Page 24, being all of Lot No. 11 as shown on the said Revised Plan of Lots 11 through 27 of Walnut Terrace and HAVING THEREON ERECTED a one-story brick ranch -type dwelling house with attached carport, and known as: 6 ADAMS ROAD, CARLISLE, PA 17015. ASSESSMENT NO. 40-24-0744- 035. Reference: Cumberland County Record Book 276, Page 3893. TO BE SOLD AS THE PROPERTY OF JOSEPH A. SCOTT ON JUDG- MENT NO. 2013-05602. 101 The Patriot -News Co. '2020,..Technology Pkwy "Suite 300 Il Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotNews 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 Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for.said.County of. Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-5602 Civil Term US Bank National Association Vs Joseph A Scott Atty: Leon P. Haller ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, described in accordance with the Revised Plan of Lots 11 through 27 of Walnut Terrace, which Plan is recorded in the Cumberland County Plan Book 13, Page 24, being all of Lot No. 11 as shown on the said Revised Plan of Lots 11 through 27 of Walnut Terrace and HAVING THEREON ERECIhD a one-story brick ranch - type dwelling house with attached carport, and known as: 6 ADAMS ROAD, CARLISLE, PA 17015 ASSESSMENT NO. 40-24-0744-035 Reference: Cumberland County Record Book 276, Page 3893. TO BE SOLD AS THE PROPERTY OF JOSEPH A. SCOTT ON JUDGMENT NO. 2013-05602 This ad ran on the date(s) shown below: 04113/14 04/20/14 • 04/27/14 win to - d subscribed before is 12 day of May, 2014 A.D. ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holy Lynn Warfc!, %Diary Pubic Wash:noton Tern„ Dauphin County My Cornmh.:, mon E..p!rcs Dec. 12, 2016 MEMBER. PENNSYLVANIA AS''OrrA7ION OF NOTP.RIE1 F 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 Sheriff's Deed in which U.S. Bank, NA as Trustee for the Pennsyvlania Housing Finance Agency is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 10th day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 5602, at the suit of U.S. Bank, NA as Trustee for the Pennsyvlania Housing Finance Agency against Joseph A. Scott is duly recorded as Instrument Number 201424037. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this JJ Otheo}t- ,A.D. �Q�( (\i d f‘LLZ day of Recorder of Deeds Record r of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018