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HomeMy WebLinkAbout13-6210 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CU113RLAND County 13 The information collected on this forth is used solely court administration purposes. This form does not supplement or replace the and service ofpleadings or other papers as required bylaw or rules of court. Commencement of Action: S Z Complaint El Writ of Summons El Petition E Transfer from Another Jurisdiction F] Declaration of Taking C Lead Plaintiff's Name: U, S . BANK NATIONAL Lead Defendant's Name: ASSOCIATION.AS TRUSTEE FOR THE PENNSYLVANIA DUANE P. CONLEY T Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes D No O (check one) ix outside arbitration limits N Is this a Class Action Suit? 11 Yes El No Is this an MDJAppeal? 0 Yes Z 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 [.Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional [I Buyer Plaintiff Administrative Agencies Malicious Prosecution El Debt Collection: Credit Card Q Board of Assessment 0 Motor Vehicle E] Debt Collection: Other Board of Elections 0 Nuisance E] Dept. of Transportation © Premises Liability El Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) El Employment Dispute: El Slander/Libel /Defamation Discrimination C Other: F1 Employment Dispute: Other Q Zoning Board T El Other: I 0 Other: O MASS TORT Asbestos N E] Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment Q Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation E] Declaratory Judgment 0 Ground Rent Q Mandamus El Landlord /Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY uo Warranto © Mortgage Foreclosure: Commercial Q [I Dental Partition D Replevin El Legal Quiet Title El Other: E] Medical Other: n Other Professional: Updated 111/2011 F;LED-OP F ICr G;= TFIE Pf?n_TIJ 'q'o T R' Leon P. Haller, Esquire 20 , 1 3 0 1 12 2 10: 0 1 Purcell, Krug & Haller 1719 North Front Street CUMBERLAND COUNTY Harrisburg, PA 17102 PENNSYLVANIA 717.234.4178 mtg @pkh.com U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING OF CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE DUANE P. CONLEY 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: Sl USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PART.ICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARTO, 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 IS' �J' CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET 4/a3. 7 5�el/' l CARLISLE, PA 17013 717 -249 -3166 C- ,, ?#a ?Ne 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 DUANE P. CONLEY, 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 DUANE P. CONLEY, 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, DUANE P. CONLEY, is an adult individual whose last known address is 19 IAN COURT, SHIPPENSBURG, PA 17257. 3. On or about, December 17, 2004, the said Defendant executed and delivered a Mortgage Note in the sum of $126,200.00 payable to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES L.P., 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 December 30, 2004 in Mortgage Book 1893, Page 55 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 December 30, 2004 in Book 714, Page 967. 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: 19 IAN COURT, SHIPPENSBURG, PA 17257 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 $104,025.27 Interest at $15.53 per day $5,202.55 From 12/01/2012 To 11/01/2013 ( based on contract rate of 5.3750 %) Accumulated Late Charges $113.08 Late Charges $28.27 $282.70 From 01 /01 /2013 to 11/0 1 /2013 Escrow Deficit $1,908.41 Attorney's Fee at 5% of Principal Balance $5,201.26 TOTAL $116,733.27 * *Together with interest at the per diem rate noted above after November 01, 2013 and other charges and costs to date of Sheriffs 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 Sheriffs 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 ". 9. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 10. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. A copy of the website report from the Department of Defense Manpower Data Center, confirming non - active military duty is attached as Exhibit "E ". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.3750% ($15.53 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717 - 234 -4178) 57 ' OTJE � ........ ._. -:. ,....:: •; Y ... _ ....:. wACY�n +., FHA CASE'NOr 441- 7610419 December 17, 2004 [Date) , ... ..,.;• :; �,: 19 Court'.. Shipp ens burg, P1=NNSYLVANIA 17257 :: • ,.. " �._::'. -..:' :...' :':. [Progeny Addrexs) ' 1. PARTIES .. . orrower means each person signing at the end of this Note,. and the person's successors and assigns. "Lender" means ateway Funding Diversified . Mortgage Services L.P.. :. and' its "successors and assigns. 2. BORROWER'S PROMI$E TO PAS; ✓RES.t' _•. In return for a loan received from I'.ender, "Borrower promises to pay the principal sum of OneHundred Twenty Six Tli.qusand "Two`Hunclred and no(�0� D $126,200.00 - )> plus interest, to the order of Lender. ` rlteresi will. tie changed on'unpa). principal, from the date of disbursement V lhi loan pr oceeds 6y 1 enoer, at the rate of ._. Frve a"nd "1 hree 1"ighths percent ( 5.3750 %) pei'year"untiJ the full amount -of principal has been paid: 3. PROMISE TO PAT SECURED Borrower's promise to pay'is'sectY ed by a mortgage: 'deed 'of trust or"similar security instrum'ern that is dated the same date as this Note and called the "Sectirify Instrument." The'Secunty Instrument protects the Lender fi'om losses which mighi result if Borrower defaults under this No - 4. MANNER OF.PAYMENT (A) Time Borrower make a payment of principal and interest to Lender on the first "day of each month beginning on February 01, 20'05 Any'pnncrpal anc interest rematnmg on the firsf day o 3 2035. _ ... will be due on that date, which is called'ihe "Maturity Date.' (B) Place Payment shall be made w 300 Wo.Ish_ oad,Buifding 5, Hors ram, P NNS LVANIA`19044� of . at such other place as ]render ma, designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal' acid 'interest w' I be in the'amount "of U:S. $ This amount will be part of a larger moirthly payment required by that'shail be applied to principal; interest And other items in the order.descnbed iir t'he.Security Instrument: MULTISTATE FAA FIXEVRATE NOTE ! GREATLAND 13 " irHM 64320 (9606A) ) Page 7 iif puges) - To Order "Call: 1.800`530-9393 Uax 616- 791`1131 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages ] through 3 of this Note. i 1 :. r .::.:.:::.... :.......... (Sea]) (Seal) Duane'P Conley / - Borrower . - Borrower . .... _ (Sea]) (Seal) . Borrower ... _ - Borrower (Seal) (Seal) - Borrower - Borrower !Sign Original 0 n1yj Pay tb the kbRiE PENNSYLVANIA HO' USIi without teapuCSe .. FINANCE AGENCY G.... ay'Ftiriding Div ifled rt age r ices, L. By is ane al Part er at nd ng, ivi n . 'A 111411 Assistant Wee President GREATIAND 0 ITEM 6432L3 (96068) (Page 3 of 3 pages) To Order Call: 1.800- 530.9383 ffax 576 - 791-19$1 _..^ ...._..... .. ..._ —. ..:.:. i .... ..� ' "." - +•« o1. ac. ar,:>,. a�snau :.� 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: 39130102081 1248665 Above space is inten ti o nally 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): DUANE P. CONLEY Secured by the real property located at: 19 IAN COURT, SHIPPENSBURG, PA 17257 Municipality o£ TOWNSHIP OF SOUTHAMPTON Original Principal Amount: $126,200.00 County Recorded in: CUMBERLAND Mortgage Recorded: December 30, 2004 Record Book: 1893 Page: 55 Last Assignment to: PA Housing Finance Agency Record Book: 714 Page: 967 IN WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 087, PHFA) [PEREZ] DATED: August 2, 2013 By: PENNSYLVANIA HOUSING HOUSING FINANCE AGENCY Thomas F. Brzana, Jr. Director of Loan Servicing Division COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the day of 2013, before me, the undersigned officer, personally appeared Thomas F. Brzana, r. Director of Loan r icing Division, an authorized officer of the Pennsylvania Housing Finance Agency, and acknowledged that he, eing 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. p r —, � Notary Pub is COMMONWEALTH QF P%(VN5 VANIA !.Qtarl&I Seal Kimberley A. Ayala, Notary Public City of Nprrig4urp, Dauphin County My Commission Expires Jan. 15, 2015 MEMBER, PEN{VSYLVANIA ASSOCATiON 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 en Authorized Officer ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point the road known as Ian Court at a corner common to the lot herein conveyed and- Lot #12 on the plan of lots hereinafter referred to; thence along said Lot #12 North 58 degrees 59 minutes 48 seconds East, 146.36 feet to a point; thence along lands now or formerly of Ivan Z. Leid, South 29 degrees 6 minutes 00 seconds East, 92.73 feet to an existing wood post; thence along the same, South 3 degrees 38 minutes 50 seconds East, 56.07 feet to a point at comer common with the lot herein conveyed and Lot #10 on the plan of lots hereinafter referred to; thence along the said Lot #10, South 82 degrees 34 minutes 29 seconds West, 150.09 feet to a point along the road known as Ian Court, at comer common to the lot herein conveyed and the said Lot #10; thence along Ian Court, North 7 degrees- 25 minutes 31 seconds West, 13.58 feet to a point; thence along the same by a curve to the left, having a radius of 175.00 feet, an arc length of 72.01 feet, a chord bearding of North 19 degrees 12 minutes 52 seconds West and a chord length of 71.51 feet to a point, the place of BEGINNING. CONTAINING 17,541 square feet, more or less, and BEING designated as Lot No. 11 of Phase II and a plan of lots entitled "Land Subdivision of Frontier Village," dated Septemberl8, 1995 and revised on August 2, 1996 with Township comments, prepared by Steven P. Wolfe, R.S., and recorded in Cumberland County Plan Book 78, Page 27. SUBJECT TO all restrictions and conditions of record. SUBJECT ALSO TO the rights-of-ways, easements and building set -back lines as more fully shown on the aforesaid plan of lots. l - s 1 f C Pennsylvania Housing 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. 1248665 DUANE P. CONLEY 19 IAN CT SHIPPENSBURG, PA 17257 -8206 RE: 19 IAN CT SHIPPENSBURG, PA 17257 -8206 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 19 IAN CT, SHIPPENSBURG, PA 17257 -8206, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $950.00 for 1/2013 through 4/2013 for a total of $3,800.00. Late charges and NSF charges that have accrued to this date in the amounts of $197.89 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 $3,926.54. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $3,926.54, 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. t 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 sheriffps foreclosure sale You may do so by paying the total amount of the unpaid monthly payments and any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1- 800 - 822 -7375. This payment must be made payable in cash in our office, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in 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, Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105 -5057 TLG/ FHAACT /dtmdocs /ALSW Pennsylvania Housing Finance Agency Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105 -5057 (800) 346 -3597 FAX (717) 780 -3899 TTY (717) 780 -1869 NOTICE 4/10/2013 DUANE P. CONLEY 19 IAN CT SHIPPENSBURG, PA 17257 -8206 RE: Account #1248665 TO: DUANE P. CONLEY 19 IAN CT SHIPPENSBURG, PA 17257 -8206 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 FHAACT /dtmdocs /ALSW * ** PLEASE BE SURE THE AGENCY OF YOUR CHOICE SERVICES YOUR COUNTY * ** CCCS OF WESTERN PA- HARRISBURG NACA 2000 LINGLESTOWN RD. 1341 N DELAWARE AVE; SUITE 312 HARRISBURG, PA. 17110 PHILADELPHIA, PA. 19125 Phone:888 -599 -2227 Ph6ne: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 ` tl (1) --+-- r te._..._- �...- .__ ...:..... .:.... ... .. -... .. -..,. _.. 7196 9008 9111 8540 8362. Q, T0: DUANE P CONLEY 19 IAN CT SHIPPENSBURG,PA 17257 I I SENDER: PILLOT REFERENCE: 1248665 I I I PS Form 3800 January 2005 RETURN Postage RECEIPT Certified Fee SERVICE i Return Receipt Fee i Restricted Delivery MM Total Postage & Fees_ a M� � USPSO POST a N Z o c0 • . N I Receipt for � APR 1 0 2013 ? - 1 d C3 In i Certified Mail 8 f /{ Z CL M A J :-q I No Insurance Covera Provided \ Do Not Use for International Mail r , C) II 11 NN 0 : 0 � o ? 2. Article'NUmber COMPLETE THIS SECTION ON DELIVERY i A F c3eiyed by kPtea a Print Clearly) B. 91b of slivery . JL(l b 7 C. Signature — Agent 7296 9008 9111 854Q 6362 .-1 D. Is delivery address different from item 1? ❑Yes rn If YES, enter delivery address below: ❑ No Q j 3. Service Type CERTIFIED MAIL'" LL i > 4, Restricted Delivery? (Extra Fee) Dyes e W ' 1. Article Addressed to: OJI W = i DUANE P CONLEY 0. q N' *' a f•- I - 19 IAN CT a. n I 0 Cr U; Y SHIPPENSBURG,PA 17257 41 C LM 1248665 PILLOT CL N o c 1 ^ ' PS Form 3811, January. 2005 Domestic Return Receipt o d X: u M ce > 11 II CO N U (A gn •J b r0 L U W N U z +J LL q W ry w z z a > A N W z 4J z W z W "t C ~ 6 Q = L O. H 0 - Q 0. - L N N m N o= 'q 7 H r . ( J N H oW CD N O\ =ON - T w 11 t� to C) o 41 a Ill q M Co to C L 1-1 vi L r-1 ,1 0. L H L N WW > h T •• L 4 r0 L a r0 O 'D vi '0 01 II O) of 04. 0ea0 HHL MV m M N(.9 JU a0W WrI1W W1LQ X: J LL 0- . Department of Defense Manpower Data Center Results as of: Oct -21 -2013 05:27:43 y SCRA 3.0 ' ..Z' ' Statue Report Pursuant to Servicemernbers Civil Relief Act Last Name: CONLEY First Name: DUANE Middle Name: P Active Duty Status As Of: Oct -21 -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 Duty Status Date Leh 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. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4600 Mark Center Drive, Suite 04E25 Arlington, VA 22350 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct upon my personal knowledge and upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PENNSYLVANIA HOUSING FINANCE AGENCY, Attorney -in -Fact for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Dated 6 /3 By ✓- Thomas F. Brzana, 7r., 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 CONLEY 1248665 U. S . BANK NATIONAL ASSOCIATION AS IN THE COURT OF COMMON PLEAS OF TRUSTEE FOR THE PENNSYLVANIA HOUSING : CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY cu Plaintiff(s) rr7 2 L_Z " DUANE P. CONLEY Defenclant(s) IV Civil „ f; 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. Respectfu ted: 10/21/13 Date Leon . 1f.aller / Jill M. Wineka Attorney for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 15706 / 58802 U.S. BANK NATIONAL ASSOCIATION A.S ; IN THE COURT OF COMMON PLEAS OF TRUSTEE FOR THE PENNSYLVANIA HOUSINC FINANCE AGENCY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. DUANE F. CONLEY 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: CUST OMERIPRIMARY APPLICATIO 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? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes 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 currently paying) 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: v 4 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 s Chief Deputy "1CI �. Richard W Stewart 110 Solicitor 4HEW,ilsyl U.S. Bank National Association vs. Case Number Duane P Conley 2013-6210 SHERIFF'S RETURN OF SERVICE 10/24/2013 11:24 AM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be thyDefe da nt, to wit: Duane P Conley at 19 Ian Court, Southampton, Shippensburg, PA 17257. WAMICLINE, DEPUTY 10/25/2013 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 19 Ian Court, Southampton, Shippensburg, PA 17257. There were no Occupants other than defendant. SHERIFF COST: $71.60 SO ANSWERS, October 25, 2013 RbNW R ANDERSON, SHERIFF LEON P. HALLER, ESQUIRE 17E PRO THONOTTAf PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET LC I ti JAN -3 AM I I: co HARRISBURG, PA 17102-2392 (717) 234-4178 CUMBERLAND COUNTY ATTORNEY FOR PLAINTIFF PENNSYLVANIA U. S . BANK NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff : CIVIL ACTION - LAW vs . : NO. 13 -6210 CIVIL DUANE P. CONLEY : 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 October 22 , 2013 . 2 . Service of the Complaint and Notice of Residential Mortgage Foreclosure Diversion Program was made on October 24 , 2013 . 3 . More than sixty (60) days have elapsed since the service of the Notice of the Residential Mortgage Foreclosure Diversion Program. 4 . The Notice of Residential Mortgage Foreclosure Diversion Program was served on Defendant on October 24 , 2013 . • • 5 . Defendant has not opted to participate in the Mortgage Foreclosure Diversion Program. 6 . 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 1 By: Leon .P . Haller 1719 North Front Street Harrisburg, PA 17102 -2392 (717 ) 234 -4178 Attorney ID #15700 Attorney for Plaintiff Dated: January 7 , 2014 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 : January 7 , 2014 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. 13 -6210 CIVIL DUANE P. CONLEY : IN MORTGAGE FORECLOSURE Defendant CERTIFICATE OF SERVICE I, Leon P. Haller , the undersigned, Attorney for Plaintiff, hereby certify that I served on the 7th day of January, 2014 , 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: Duane P. Conley 19 Ian Court Shippensburg, PA 17257 L-- Leon P. Haller \_.. Dated: January 7 , 2014 Attorney for Plaintiff LI U. S . BANK NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff : CIVIL ACTION - LAW vs . : NO. 13 -6210 CIVIL DUANE P . CONLEY : IN MORTGAGE FORECLOSURE Defendant ORDER AND NOW, this /S' day of a„u4.7 , 2014 , upon consideration of Plaintiff Petition to Lift Stay, Notice of the Residential Mortgage Foreclosure Diversion Program having been served on October 24 , 2013 , the 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: [FL 4 M-O..i A-tly L. . 1-6atiL. >- ecu..)Ly 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 'cr VS. NO. 13-6210 CIVIL -o DUANE P.CONLEY, DEFENDANT(S) MORTGAGE FORECLOSURE U z ? ' PRAECIPE . TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) DUANE P. CONLEY 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 $104,025.27 Interest $5,202.55 Per diem of$15.53 From 12/01/2012 To 11/01/2013 Accumulated Late Charges $113.08 Late Charges $282.70 ($28.27 per month to 11/01/2013) Escrow Deficit $1,908.41 5%Attorney's Commission $5,201.26 TOTAL $116,733.27 **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 I By Leif alter PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,30► Nok 1k,tnit_cc( x' it .1 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. 13-6210 CIVIL IN MORTGAGE FORECLOSURE DUANE P.CONLEY, DEFENDANT(S) CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on January 17, 2014 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,%•'aller PA I.D. # 15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 U.S. BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA CUMBERLAND COUNTY, HOUSING FINANCE AGENCY, PENNSYLVANIA Plaintiff NO. 13-6210 CIVIL VS. DUANE P. CONLEY CIVIL ACTION LAW Defendant IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: January 17,2014 TO: DUANE P. CONLEY 19 IAN COURT SHIPPENSBURG, PA 17257 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 PURCEL , & HALLER By LEON P. HALLE' Attorney for Plaintiff I.D. # 15700 1719 N. Front St. Harrisburg, PA 17102 (717)234-4178 • r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION-LAW AT NO. 13-6210 CIVIL U.S.BANK NATIONAL ASSOCIATION,AS Total Judgment Amount $116,733.27 TRUSTEE FOR THE PENNSYLVANIA HOUSING Interest $3,338.95 FINANCE AGENCY, Per diem of$15.53 to sale PLAINTIFF date 6/4/2014 Late Charges $197.89 VS. $28.27 per month to sale date 6/4/2014 DUANE P.CONLEY, Escrow Deficit $1,970.00 DEFENDANT(S) TOTAL WRIT $122,240.11 *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. Date: February 17, 2014 ,"; 'f Attorney for Plaintiff _<> `- 1719 North Front Street n P. Haller r— =' Harrisburg, PA 17102 PA I.D.#15700 (717)234-4178 c r? WRIT OF EXECUTION-MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA . S 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 kno as 1' IAN COURT SHIPPENSBURG,PA 17257 1:(6: ttit PROTHONO • RY/CLERK CTVIL DIVISION { C. -��^Q- �11 1l Io Car BY �< << DEPUTY 10g,?S /. . 3S G`' p SZ.DS --(Sua 6. �► .SO w t /9/Pec:2 711 fq j / 1sse,eQ ALL THE FOLLOWING described real estate lying and being situate in Southampton Township, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point the road known as Ian Court at a corner common to the lot herein conveyed and Lot No. 12 on the plan of lots hereinafter referred to;thence along said Lot No. 12 North 58 degrees 59 minutes 48 seconds East, 146.36 feet to a point;thence along lands now or formerly of Ivan Z. Leid, South 29 degrees 6 minutes 00 seconds East,92.73 feet to an existing wood post;thence along the same, South 3 degrees 38 minutes 50 seconds East, 56.07 feet to a point at corner common with the lot herein conveyed and Lot No. 10 on the plan of lots hereinafter referred to;thence along the said Lot No. 10, South 82 degrees 34 minutes 29 seconds West, 150.09 feet to a point along the road known as Ian Court, at corner common to the lot herein conveyed and the said Lot No. 10;thence along Ian Court,North 7 degrees 25 minutes 31 seconds West, 13.58 feet to a point;thence along the same by a curve to the left,having a radius of 175.00 feet, an arc length of 72.01 feet, a chord bearing of North 19 degrees 12 minutes 52 seconds West and a chord length of 71.51 feet to a point,the place of BEGINNING. CONTAINING 17,541 square feet,more or less, and being designated as Lot No. 11 of Phase II and a plan of lots entitled"Land Subdivision of Frontier Village"dated September 18, 1995 and revised on August 2, 1996 with Township comments prepared by Steven P. Wolfe,R.S., and recorded in Cumberland County Plan Book 78,Page 27. Subject to all restrictions and conditions of record. Also subject to the rights of way, easements and building set back lines as more fully shown on the aforesaid plan of lots. HAVING THEREON ERECTED A DWELLING KNOWN AS 19 IAN COURT, SHIPPENSBURG, PA 17257 BEING THE SAME PREMISES WHICH Tri-State Mobile Homes of Lancaster,Inc. by deed dated December 16,2004 and recorded December 30,2004 in Cumberland County Record Book 266 Page 4758, granted and conveyed unto Duane P. Conley. TO BE SOLD AS THE PROPERTY OF DUANE P. CONLEY ON JUDGMENT NO. 13-6210 CIVIL ASSESSMENT NO. 39-13-0102-081 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. 13-6210 CIVIL DUANE P.CONLEY, IN MORTGAGE FORECLOSURE -7„: DEFENDANT '0 --r� rn AFFIDAVIT cnt, c2..' cD COMMONEALTH OF PENNSYLVANIA : , SS N) COUNTY OF DAUPHIN : I, LEON P. HALLER, Attorney for the Plaintiff in the above matter,being duly sworn according to law, hereby certify that the Mortgage in the above case is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C.A. Section 707 1715z11) and therefore does not fall within the provisions of PA Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program). Sworn to and subscribed •• -../.11111P before m; this /i day of / 20 /EON P. HALLER Adi Not. P _SSAAlkAnNIVIAITil r NnVI_VA 0-ARIAL MARYLAND ; ERRS Ti,No:ary Public Lotvc ;`:xt.:�Tavp.,Dauphin County t My Ccmmissicn Expires Aug.8,2014 P` I 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. 13-6210 CIVIL DUANE P.CONLEY, IN MORTGAGE FORECLOSURE DEFENDANT A NON-MILITARY AFFIDAVIT a „0 : . 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 me this /e day • of 20 • L '. HALLER, ESQUIRE ot. y 'ublic tib MA 'JaIII E�1 � fi"1'' �IV.�',,f i 4ANIFA +d^T=+F±AL SEAL MARYLAND i;. -E,nE T Ti,Notary Public Lower Paxton Ttdp.,Dauphin County My Commission Expires Aug.8,2014 Department of Defense Manpower Data Center Results as of:Feb-17-2014 09:58:08 AM SCRA 3.0 t t,,3 .i.."...` z,a :# „ Status Report 191.. '' Pursuant to Servieemembers Civil Relief Act , Last Name: CONLEY First Name: DUANE Middle Name: P Active Duty Status As Of: Feb-17-2014 On Active Duty On Active Duty Status Date Active Duly 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. 0112Atill# r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: V7P4R588Y07A6B0 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. 13-6210 CIVIL DUANE P.CONLEY, 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 19 IAN COURT SHIPPENSBURG, PA 17257: "e, 1. Name and address of the Owner(s) or Reputed Owner(s): r-4 ^� DUANE P. CONLEY 19 IAN COURT "r? C D SHIPPENSBURG, PA 17257 o 2. Name and address of Defendant(s) in the Judgment, if different from that listed'3n (t - 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): 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: *- r DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 19 IAN COURT SHIPPENSBURG, PA 17257 (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 authorit'= L � aller PA I.D. #15700 'urcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:February 17, 2014 k , IN THE COURT OF COMMON PLEAS U.S.BANK NATIONAL ASSOCIATION,AS CUMBERLAND COUNTY,PENNSYLVANIA TRUSTEE AGENCY,PENNSYLVANIA CIVIL ACTION LAW FINANCE PLAINTIFF NO. 13-6210 CIVIL VS. IN MORTGAGE FORECLOSURE DUANE P.CONLEY, DEFENDANT(S) AY,ESTATE NOTICE OF SHERIFF PUR SAL TOOF 29.1 SYLVANIA RULE OF CIVIL PROCEDURE 3 PENN • TAKE NOTICE: Z -- c� G (real estate)will be held: 2 . k �c That the Sheriffs Sale of Real Property( c... ".' c June 04,2014 7�' -> DATE: Wednesday, t`? r 7. c..; TIME: 10:00 O'clock A.M. LOCATION: Cumberland Pennsylvania o t 17013 Courthouse Carlisle, THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly o/ of a statement of the measured boundaries of the property,together with a brief mention of th e and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 19 IAN COURT SHIPPENSBURG,PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is doe' within Commonwealth and County to: No. 13-6210 CIVIL JUDGMENT AMOUNT $116,733.27 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this prod DUANE P. CONLEY 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 THE FOLLOWING described real estate lying and being situate in Southampton Township, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a point the road known as Ian Court at a corner common to the lot herein conveyed and Lot No. 12 on the plan of lots hereinafter referred to;thence along said Lot No. 12 North 58 degrees 59 minutes 48 seconds East, 146.36 feet to a point;thence along lands now or formerly of Ivan Z. Leid, South 29 degrees 6 minutes 00 seconds East,92.73 feet to an existing wood post;thence along the same, South 3 degrees 38 minutes 50 seconds East, 56.07 feet to a point at corner common with the lot herein conveyed and Lot No. 10 on the plan of lots hereinafter referred to;thence along the said Lot No. 10, South 82 degrees 34 minutes 29 seconds West, 150.09 feet to a point along the road known as Ian Court, at corner common to the lot herein conveyed and the said Lot No. 10;thence along Ian Court,North 7 degrees 25 minutes 31 seconds West, 13.58 feet to a point;thence along the same by a curve to the left,having a radius of 175.00 feet, an arc length of 72.01 feet, a chord bearing of North 19 degrees 12 minutes 52 seconds West and a chord length of 71.51 feet to a point,the place of BEGINNING. CONTAINING 17,541 square feet,more or less, and being designated as Lot No. 11 of Phase II and a plan of lots entitled"Land Subdivision of Frontier Village"dated September 18, 1995 and revised on August 2, 1996 with Township comments prepared by Steven P. Wolfe,R.S., and recorded in Cumberland County Plan Book 78,Page 27. Subject to all restrictions and conditions of record. Also subject to the rights of way, easements and building set back lines as more fully shown on the aforesaid plan of lots. HAVING THEREON ERECTED A DWELLING KNOWN AS 19 IAN COURT, SHIPPENSBURG, PA 17257 BEING THE SAME PREMISES WHICH Tri-State Mobile Homes of Lancaster,Inc. by deed dated December 16,2004 and recorded December 30, 2004 in Cumberland County Record Book 266 Page 4758, granted and conveyed unto Duane P. Conley. TO BE SOLD AS THE PROPERTY OF DUANE P. CONLEY ON JUDGMENT NO. 13-6210 CIVIL ASSESSMENT NO. 39-13-0102-081 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-6210 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 DUANE P. CONLEY (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: $116,733.27 L.L.: $.50 Interest $3,338.95-PER DIEM OF$15.53 TO SALE DATE 6/4/2014 Atty's Comm: Due Prothy: $2.25 Atty Paid: $221035 Other Costs: LATE CHARGES-$197.89-$28.27 PER MONTH TO SALE DATE 6/4/2014-ESCROW DEFICIT-$1,970.00 Plaintiff Paid: Date: 2/21/14 David D. Buell,Prothonotary - (Seal) t . / �� _ L/ //_ 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 DUANE P. CONLEY, VS. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 13-6210 CIVIL C) -o MORTGAGE FORECLOSURE z Tin 7-- 7---3 q -1 cr, MOTION FOR SERVICE OF NOTICE OF SALE IN REAL PROPERTY ACTION IN ACCORDANCE WITH RULES 3129.2(c)(1)(i)(C) PENNSYLVANIA RULES OF CIVIL PROCEDURE 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 Defendant located at 19 IAN COURT SHIPPENSBURG, PA 17257. 2. Defendant DUANE P. CONLEY was served with the Complaint, October 24, 2013 at 19 IAN COURT, SHIPPENSBURG, PA 17257 However, the Sheriff's office has been unable to serve Defendant DUANE P. CONLEY with the Notice of Sale at the property, or locate any new forwarding addresses for the Defendant. 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, WestLaw People Finder, Inmate Locator, 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 28, 2014, pursuant to Rule 3129.2(b) 5. The following addresses have been attempted with the following results: 19 Ian Court, Shippensburg, PA 17257 - Vacant 6. The Notice of Sheriffs Sale will bepublished 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 DUANE P. CONLEY'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 DUANE P. CONLEY, DEFENDANT VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 13-6210 CIVIL MORTGAGE FORECLOSURE AFFIDAVIT OF REASONABLE INVESTIGATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS 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 DUANE P. CONLEY 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. There is no change of address order on file. 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. X That he contacted WestLaw People Finder, a national credit service, with respect to the location of the Defendant. The last known address listed is the property in question. X That he has conducted a search through Inmate Locator and there is no inmate listed by the name of Duane P. Conley. 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 confirm the Defendant's whereabouts and location. PURCELL, KRUG, & HALLER BY: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff Attorney ID# 15700 Sworn to and subscr' d befor on this Ai day of� , 2014 otary) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL BONITA E PRUSSACK Notary Public HARRISBURG CITY; DAUPHIN COUNTY My Commission Expires Sep 26, 2017 POSTMASTER SHIPPENSBURG PA 17257 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 DUANE P. CONLEY Address: 19 IAN CT 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: DUANE P. CONLEY, 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: 13-6210 CIVIL 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 with actual or prospective litigation. Service of legal pr in connect ignatu Leon P. Halle Esquire Printed Name Address: 1719 N. Front Street Harrisburg, PA 17102 BOXHOLDER'S POSTMARK Not known at address given. Moved. Left no forwarding address. No such address POST OFFICE USE ONLY No Change of address order on file. NEW ADDRESS or NAME and STREET ADDRESS APR 302014 \ _4 Westlaw. DUANE P CONLEY 19 IAN CT SHIPPENSBURG, PA 17257-8206 SSN: 218-86-XXXX SSN issued in MD in 1976-1977 Year of Birth: 1964 Age: 50 Permissible Use(s) As of 4/28/2014 4:51:15 PM Page 1 C;ttrte.�rtrttt tt tprs,)hi<:,ei tsri'�Fa�rcc of you: r'O )o;t. 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 - me Variations CONLEY, DUANE DUANE, CONLEY CONLEY, DUANE P CONLEY, D P Possible Previous/Other Addresses 19 IAN CT 6203 PONTIAC ST 118 BLISS LN 1529 KELLY ISLAND RD RR4 BOX 5488 5906 MENTANA ST 8173 SILO RD 1529 KELLY ISLANDRD RR 4 BOX 548B 8625 GREENBELT RD ROUTE 4 548B 548B RR 4 SHIPPENSBURG, PA BERWYN HEIGHTS, MD GLEN BURNIE, MD MARTINSBURG, WV MARTINSBURG, WV NEW CARROLLTON, MD SEVERN, MD MARTINSBURG, WV MARTINSBURG, WV GREENBELT, MD MARTINSBURG, WV MARTINSBURG, WV 17257 20740 21060 25405 25405 20784 21144 25405 25405 20770 25401 25405 304-264-0878 Possible Phone Records Source: People Find Trans Union 1.� Phone: (304) 264-0878 © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Inmate Locator - Search for an inmate Page 1 of 1 Please Enter Criteria to search for an Inmate. If you are having problems finding an inmate, please enter only the inmate's last name and try your search again. - searcn criteria Last Name: ICONLEY First Name: IDUANE Inmate Number: Middle Name: Sex: -ALL- • Race: -ALL- Committing County: -ALL- Location: -ALL- Citizenship: --AL- ,Q ALL-d DOB (yyyymmdd) Age -so y a Name Inmate Number Race Committing County Location Date Of Birth Find Inmate http://inmatelocator.cor.state.pa.us/inmatelocatorweb/ 5/13/2014 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 httn://inmatelocator.cor.state.pa.us/inmatelocatorweb/Criteria.aspx 5/13/2014 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: June 3, 2014 IN THE COURT OF COMMON PLEAS iQ ,'. CUMBERLAND COUNTY, PENNSYLVANIA "J/4 JUN r '' p@NSf, Al° CO ii U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VS. DUANE P. CONLEY, Plaintiff Defendant CIVIL DIVISION CASE NO. 13-6210 CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF SALE THE SH.ER.IFF'S SALE SCHDULED FOR JUNE 4, 2014 @ 10:00 AM IN THE ABOVE CAPTIONED MATTER HAS BEEN CONTINUED TO AUGUST 6, 2014 @ 10:00 AM DATE: June 3, 2014 B 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 DUANE P. CONLEY, DEFENDANT VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 13-6210 CIVIL MORTGAGE FORECLOSURE ORDER OF COURT AND NOW, to -wit, thiscreday of 90w4. , 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 DUANE P. CONLEY by mailing of copies of the Notice by ordinary and Certified mail to the Defendant's last known address at 19 Ian Court, Shippensburg, PA 17247. acrALL PbitecL, k. kicad,(_ L.J,.soc �' .,(may s��y J U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. DUANE P. CONLEY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 13-6210 CIVIL IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on , f L1 ao (4- , 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: DUANE P. CONLEY 19 IAN COURT SHIPPENSBURG, PA 17257 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 19 IAN COURT SHIPPENSBURG, PA 17257 By LL, 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 DUANE P. CONLEY 19 IAN COURT SHIPPENSBURG, PA 17257 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 19 IAN COURT SHIPPENSBURG, PA 17257 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 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, PLAINTIFF VS. DUANE P. CONLEY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 13-6210 CIVIL 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: 19 IAN COURT SHIPPENSBURG, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 13-6210 CIVIL JUDGMENT AMOUNT $116,733.27 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DUANE P. CONLEY 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 THE FOLLOWING described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point the road known as Ian Court at a corner common to the lot herein conveyed and Lot No. 12 on the plan of lots hereinafter referred to; thence along said Lot No. 12 North 58 degrees 59 minutes 48 seconds East, 146.36 feet to a point; thence along lands now or formerly of Ivan Z. Leid, South 29 degrees 6 minutes 00 seconds East, 92.73 feet to an existing wood post; thence along the same, South 3 degrees 38 minutes 50 seconds East, 56.07 feet to a point at corner common with the lot herein conveyed and Lot No. 10 on the plan of lots hereinafter referred to; thence along the said Lot No. 10, South 82 degrees 34 minutes 29 seconds West, 150.09 feet to a point along the road known as Ian Court, at corner common to the lot herein conveyed and the said Lot No. 10; thence along Ian Court, North 7 degrees 25 minutes 31 seconds West, 13.58 feet to a point; thence along the same by a curve to the left, having a radius of 175.00 feet, an arc length of 72.01 feet, a chord bearing of North 19 degrees 12 minutes 52 seconds West and a chord length of 71.51 feet to a point, the place of BEGINNING. CONTAINING 17,541 square feet, more or less, and being designated as Lot No. 11 of Phase II and a plan of lots entitled "Land Subdivision of Frontier Village" dated September 18, 1995 and revised on August 2, 1996 with Township comments prepared by Steven P. Wolfe, R.S., and recorded in Cumberland County Plan Book 78, Page 27. Subject to all restrictions and conditions of record. Also subject to the rights of way, easements and building set back lines as more fully shown on the aforesaid plan of lots. HAVING THEREON EREC 1ED A DWELLING KNOWN AS 19 IAN COURT, SHIPPENSBURG, PA 17257 BEING THE SAME PREMISES WHICH Tri-State Mobile Homes of Lancaster, Inc. by deed dated December 16, 2004 and recorded December 30, 2004 in Cumberland County Record Book 266 Page 4758, granted and conveyed unto Duane P. Conley. TO BE SOLD AS THE PROPERTY OF DUANE P. CONLEY ON JUDGMENT NO. 13-6210 CIVIL ASSESSMENT NO. 39-13-0102-081 7196 9008 9111 3021 7643 TO: DUANE P. CONLEY 19 IAN COURT SHIPPENSBURG, PA 17257 SENDER: P01455/40258 REFERENCE: NOS 06/04/14 PS Form 3800.Janua ry 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees uses• Receipt for Certified Maii" No Insurance Coverage Provided Do Not Use for International Mail 3.30 2.70 5.05 )%1l PENNSYLVANIA HOUSING FINANCE AGENCY v. DUANE P. CONLEY 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: DUANE P. CONLEY 19 IAN COURT 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: 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 19 IAN COURT SHIPPENSBURG, PA 17257 Postage: Postmark: „P PQ O G' ® PITNEY 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. DUANE P. CONLEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 13-6210 CIVIL IN MORTGAGE FORECLOSURE SUPPLEMENTAL RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 1111 1 14 , 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: DUANE P. CONLEY 19 IAN COURT SHIPPENSBURG, PA 17257 By PURC , RUG & 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. ALL M. WINEKA LISA RYNARD DUANE P. CONLEY 19 IAN COURT SIIIPPENSBURG, PA 17257 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, byj: g notified of said Sheriffs Sale. Bv: Leon P. Haller PA I.D.15700 Attorney for Plaintiff • '7 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF DUANE P. CONLEY, DEFENDANT AND NOW, to -wit, thi VS. ,1! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 13-6210 CIVIL MORTGAGE FORECLOSURE ORDER OF COURT y of Ji.coe.:_, 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 DUANE P. CONLEY by mailing of copies of the Notice by ordinary and Certified mail to the Defendant's last known address at 19 lan Court, Shippensburg, PA 17247, BY THE COURT (-) Cn -e C_1 • 111 .!T U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. DUANE P. CONLEY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 13-6210 CIVIL 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: 19 IAN COURT SHIPPENSBURG, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 13-6210 CIVIL JUDGMENT AMOUNT $116,733.27 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DUANE P. CONLEY 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 THE FOLLOWING described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point the road known as Ian Court at a comer common to the lot herein conveyed and Lot No. 12 on the plan of lots hereinafter referred to; thence along said Lot No. 12 North 58 degrees 59 minutes 48 seconds East, 146.36 feet to a point; thence along lands now or formerly of Ivan Z. Leid, South 29 degrees 6 minutes 00 seconds East, 92.73 feet to an existing wood post; thence along the same, South 3 degrees 38 minutes 50 seconds East, 56.07 feet to a point at corner common with the lot herein conveyed and Lot No. 10 on the plan of lots hereinafter referred to; thence along the said Lot No. 10, South 82 degrees 34 minutes 29 seconds West, 150.09 feet to a point along the road known as Ian Court, at corner common to the lot herein conveyed and the said Lot No. 10; thence along Ian Court, North 7 degrees 25 minutes 31 seconds West, 13.58 feet to a point; thence along the same by a curve to the left, having a radius of 175.00 feet, an arc length of 72.01 feet, a chord bearing of North 19 degrees 12 minutes 52 seconds West and a chord length of 71.51 feet to a point, the place of BEGINNING. CONTAINING 17,541 square feet, more or less, and being designated as Lot No. 11 of Phase II and a plan of lots entitled "Land Subdivision of Frontier Village" dated September 18, 1995 and revised on August 2, 1996 with Township comments prepared by Steven P. Wolfe, R.S., and recorded in Cumberland County Plan Book 78, Page 27. Subject to all restrictions and conditions of record. Also subject to the rights of way, easements and building set back lines as more fully shown on the aforesaid plan of lots. HAVING THEREON ERECTED A DWELLING KNOWN AS 19 IAN COURT, SHIPPENSBURG, PA 17257 BEING THE SAME PREMISES WHICH Tri-State Mobile Homes of Lancaster, Inc. by deed dated December 16, 2004 and recorded December 30, 2004 in Cumberland County Record Book 266 Page 4758, granted and conveyed unto Duane P. Conley. TO BE SOLD AS THE PROPERTY OF DUANE P. CONLEY ON JUDGMENT NO. 13-6210 CIVIL ASSESSMENT NO. 39-13-0102-081 7196 9008 9111 3021 S809 TO: DUANE P. CONLEY 19 IAN COURT SHIPPENSBURG, PA 17257 SENDER: REFERENCE: BAV PHFA VS. CONLEY PS Form 3800, January 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees IMPS. Receipt for Certified Mail"' No Insurance Coverage Provided Do Not Use for Internertional 3.30 2.70 5.05 PENNSYLVANIA HOUSING FINANCE AGENCY v. DUANE P. CONLEY 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 Postage: One piece of ordinary mail addressed to: Postmark: DUANE P. CONLEY 19 IAN COURT SHIPPENSBURG, PA 17257 •sesPosr � e®® It f PITNEY BOWES 02 1M $ 01.30° 0004284324 JUN 17 2014 MAILED FROM ZIP CODE 1 7102 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY $ OFFCE OF ISE 64-.EMFF t —/;�� HE r.'11R�'y�/��''.`�^�� "]|LS�P 17 8� �� 1� _ -. ~ °� CUMBERLAND COUNTY PENNSYLVANIA U.S. Bank National Association vs. Duane P Conley Case Number 2013-6210 SHERIFF'S RN OF SERVICE 03/28/2014 12:10 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Wr, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 19 Ian Court, Southampton - Township, Shippensburg, PA 17257, Cumberland County. 04/29/2014 06:27 PM - Deputy Ryan Burgett, being duly sworn according to law, attempted service to the Defendant, to wit: Duane P Conley at 19 lan Court, Southampton, Shippensburg, PA 17257. The address was found to be vacant. 04/30/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligentsearch and inquiry for the within named Defendant, to wit: Duane P. Conley, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Deochption, in the above titled action, as "Not Found" at 19 lan Court, Shippensburg, PA 17257, address is Vacant, deft. did not leave forwarding with the post office. 06/03/2014 As directed by Leon P. Haller, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 08/06/2014 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 8quana, Cadis|e, PA on August 06, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Leon 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: $948.01 SO ANSWERS, August 26, 2014 RONNYRANDERSON, SHERIFF '- ~O joi ' ar~�� aS-��l� " ��) � �_ '=v� '_- - ^ �~���0 � ^ - /u�� 3/10.r r~�,. ,t7.)ooun*�e Sheriff, *teleosoft,/nc. On February 25, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as 19 Ian Court, Shippensburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: February 25, 2014 By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-6210 Civil Term U.S. Bank National Association vs. Duane P. Conley Atty.: Leon P. Haller ALL THAT CERTAIN tract of land lying and being situate in Southamp- ton Township, Cumberland County, Pennsylvania, containing 17,541 square feet, more or less, and being designated as Lot No. 11 of Phase II and a plan of lots entitled "Land Subdivision of Frontier Village" dated September 18, 1995 and revised on August 2, 1996 with Township com- ments prepared by Steven P. Wolfe, R.S., recorded in Cumberland County Plan Book 78, Page 27, and HAVING THEREON ERECTED A DWELLING KNOWN AS 19 IAN COURT, SHIP- PENSBURG, PA 17257. ASSESSMENT NO. 39-13-0102- 081. Cumberland County Record Book 266 Page 4758. TO BE SOLD AS THE PROPERTY OF DUANE P. CONLEY ON JUDG- MENT NO. 13-6210 CIVIL. 41 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. sa Marie Coyne, Edi SWORN TO AND SUBSCRIBED before me this 2 da ofMay.2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 80R0., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. '2029 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the 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 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 Cnuntv.nfin Miscellaneous Book "M", Volume 14, Page 317. 2013-6210 Civil Term U.S. Bank National Association Vs Duane P Conley Atty: Leon P. Haller ALL THAT CERTAIN tract of land lying and being situate in Southampton Township, Cumberland County, Pennsylvania, containing 17,541 square feet, more or less, and being designated as Lot No. 11 of Phase II and a plan of lots entitled "Land Subdivision of Frontier Village" dated September 18, 1995 and revised on. August 2, 1996 with lbwnship comments prepared by Steven P. Wolfe, R.S., recorded in Cumberland County Plan Book 78, Page 27, and HAVING THEREON ERECTED A DWELLING KNOWN AS 19 IAN COURT, SHIPPENSBURG, PA 17257 ASSESSMENT NO. 39-13-0102-081 Cumberland County Record Book 266 Page 4758. TO BE SOLD AS THE PROPERTY OF DUANE P. CONLEY ON JUDGMENT NO. 13-6210 CIVIL This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworn to - d subscribed before e is i2 day of May, 2014 A.D. ary Public CO OF PENNSYLVANIA Notarial Seat public Holly Lynn Warfel, Notary y Dauphin County W nm: Dec.12, 2016 t ty .,., Acc,M:IATION OE NOTA MBER. NSYIYA 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 Pennsylvania Housing Fin Agency is the grantee the same having been sold to said grantee on the 6th day of August A.D., 2014, under and by virtue of a writ Execution issued on the 21s day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 6210, at the suit of Pennsylvania Housing Fin Agency, tr against Duane P Conley is duly recorded as Instrument Number 201420905. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / day of Q idea , A.D. cgp /f 7vic/..Q:a Recorder of Deeds Recorder Deeds, Cumberland County, Carlisle,`PA My Commission Expires the First Monday of Jan. 2018