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Supreme Cain °of ennsylvania COU frCQ1w0 leas F or Prothonotary Use Only: Civil er S et Y r� Docket No: CU .8RLA1D ` i County F< 1 The information collected on this form is used solely for court administration Purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lqw or rules of court. Commencement of Action: S Q Complaint Il Writ of Summons Q Petition 1= i Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: U.S. BANK NATIONAL ASSOCIATION DIANA M. LOVELL T I Are money damages requested? 0 Yes El No Dollar Amount Requested: Owithin arbitration limits (check one) Eloutside arbitration limits N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? (3 Yes El No A Name of Plaintiff /Appellant's Attorney: POWERS, KIRN & JAVARDIAN, LLC I] Check here if you have no attorney (are a Self Represented (Pro Sej Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Q Buyer Plaintiff' Administrative Agencies Malicious Prosecution Debt Collection: Credit Card Board of Assessment El Motor Vehicle Debt Collection: Other Board of Elections Nuisance L_: Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include F-7 Employment Dispute: E mass tort) . Slander/Libel/ Defamation Discrimination C ? Other: Employment Dispute: Other J Zoning Board T Other: I - Other: O MASS TORT 0 Asbestos N cW � Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste 13 Ejectment li Common Law /Statutory Arbitration B n Other: © Eminent Domain/Condemnation Declaratory Judgment M Ground Rent Mandamus Landlord/Tenant Dispute R Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY gag Quo Warranto Mort a Foreclosure: Commercial L� 0 Dental E Partition Replevin 0 Legal Quiet Title Other: Medical Other: I] Other Professional: Updated 1/1/2011 r POWERS, KIRN & JAVARDIAN, LLC sLt' Gregory Javardian, Esquire Id, No. 55664 Jill Manuel - Coughlin, Esquire Id. No. 63252 ` 14 F .1 Jolanta Pekalska, Esquire Id. No. 307968 .� -� r� • -, Daniel C. Fanaselle, Esquire Id. No. 312292 Richard J. Nalbanciian, III, Esquire Id. No. 31.2653 i-,L [4i'4S r r + u ,, Matthew J, McDonnell, Esquire Id. No. 313549 LV�, $It'd 1310 Industrial Boulevard, 2nd Floor, Suite 202 Southampton, PA 18966 Telephone: 215- 942 -2090 ATTORNEYS FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CIVIL DIVISION PLAINTIFF CUMBERLAND COUN Y VS. I I No. DIANA M. LOVELL 620 OPOSSUM LAKE ROAD COMPLAINT IN CARLISLE, PA 17015 MORTGAGE FORECLOSURE DEFENDANT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800 - 990 -9108 ID LJ IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE T14E VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID, LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF TI-IE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Jill Manuel- Coughlin, Esquire Id. No. 63252 Jolanta Pekalska, Esquire Id. No. 307968 Daniel C. Fanaselle, Esquire Id. No. 312292 Richard J. Nalbandian, III, Esquire Id. No. 312653 Matthew J. McDonnell, Esquire Id. No. 313549 1310 Industrial Boulevard, 2nd Floor, Suite 202 Southampton, PA 18966 Telephone: 215- 942 -2090 ATTORNEYS FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. No. DIANA M. LOVELL 620 OPOSSUM LAKE ROAD COMPLAINT IN CARLISLE, PA 17015 MORTGAGE FORECLOSURE DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. U.S. Bank National Association (hereinafter referred to as "Plaintiff') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Diana M. Lovell, (hereinafter referred to as Defendant) is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Diana M. Lovell and itself as assignee of Mortgagee. The Mortgage dated October 14, 2011, was recorded on October 18, 2011 in the Office of the Recorder of Deeds in Cumberland County in Instrument Number 201128841. Plaintiff is the Mortgagee by Assignment by virtue of the following Assignment: Mortgage Electronic Registration Systems, Inc., as nominee for Presidential Bank, FSB assigned its note and mortgage to U.S. Bank National Association recorded on August 26, 2013 in Assignment Book 201328297 in the Office of the Recorder of Deeds in Cumberland County. A copy of the Mortgage and Assignment of Mortgage are attached and made a part hereof as Exhibits 'A' and 'B', respectively. 4. The Mortgage secures the indebtedness of a Note executed by Diana M. Lovell on October 14, 2011 in the original principal amount of $203,993.00 payable to Plaintiff in monthly installments' with an interest rate of 4.250 %. A copy of the Note is attached and made a part hereof as Exhibit 1Cf. 5. The land subject to the mortgage is 620 Opossum Lake Road, Carlisle, PA 17015, A copy of the Legal Description is attached as part of the Mortgage as Exhibit 'C' and incorporated herein. 6. Diana M. Lovell is the Record Owner of the mortgaged property located at 620 Opossum Lake Road, Carlisle, PA 17015. 7. The Mortgage is now in default due to the failure of Defendant to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $201,716.32 Interest to 01/01/2014 $12,859.38 Accumulated Late Charges $480.75 MIP/PMI Payments $3,026.49 Hazard Insurance $4,003.00 Taxes $5,157.34 Property Inspections $1,519.94 Cost of Suit and Title Search $550.00 Attorney's Fees $1,650.00 Last Positive Balance ($2,298.88) Payment/Reversals ($496.47) TOTAL $228,167.87 plus interest from 0 1 /02/2014 at $23.49 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with Notice of Intention to Foreclose ( "Act 6 Notice ") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ( "Act 91 Notice ") 35 P.S. Section 1680.403c. 10. The Notice of Intention to Foreclose was required, and Plaintiff sent the Notice pursuant to 41 P.S. §403 to the Defendant by regular and certified mail on September 6, 2012. A copy of the Notice is attached and made a part hereof as Exhibit V. 11. The Mortgage is a Federal Housing Administration ( "FHA ") insured loan, and in accordance with 35 P.S. §1680.401c(a)(3) the notice provisions of 35 Y.S. §1680.403c are not applicable and, therefore, Plaintiff was not required to send the Act 91 Notice of Homeowners' Emergency Mortgage Assistance. WHEREFORE, Plaintiff requests the Court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiffs favor and against the Defendant, in the sum of $228,167.87 together with the interest from 01/02/2014 at $23.49 per day, costs of suit and attorney's fees. POWERS, KIRN & JAVARDIAN, LLC By: ❑ Gregory Javardian, Esquire Id. No. 55669 ❑ Jill Manuel - Coughlin, Esquire Id. No. 63252 ❑ Jolanta Pekalska, Esquire Id No. 307968 ❑ Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑ Richard J. Nalbandian,111, Esquire Id. No. 31.2653 ZMatthew J. McDonnell, Esquire Id. No. 31.3549 Attorneys for Plaintiff EXHIBIT `A' • f 1 a � ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 _= ~ 717 - 240 -6370 _ Instrument Number - 201128841 Recorded On 10/18/2011 At 1:42:36 PM *Total Pages -11 * Instrument Type - MORTGAGE Invoice Number - 95172 User ID - KW * Mortgagor - LOVELL, DIANA M * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC *Customer - I ST ADVANTAGE * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $23.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $74.00 I Certify this to be recorded in Cumberland County PA { cU a n a r ° RECORDER O 7E tsao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002FIF III III II IIII I II I II I I) I I III 002FIF PREPARED BY PRESIDENTIAL BANK, FSB 4600 EAST -WEST HIGHWAY, 4TH FL BETHESDA MARYLAND 20814 RECORD AND RETURN TO; PRESIDENTIAL BANK FSB 4600 EAST-WEST HIGi WAY, 4TH FL BETHESDA MARYLAND 20814 ATTN: POST CLOSING Parcel ID # /UP[#: 14 -06- 0027 -109 [Space Ahove This Line For Recording Data] Commonwealth of Pennsylvania MORTGAGE FHA Case No. 1 446-0940925 �o THIS MORTGAGE ( "Security Instrument ") is given on OCTOBER 14TH, 2011 The Mortgagor is DIANA M. LOV'ELL, A SINGLE WOMAN ( "Borrower "). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ( "MERS "), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has a mailing address of P.O. Box 2026, Flint, M[ 48501 -2026, and a street address of 1901 E Voorhees Street, Suite C, Danville, IL 61834. The MERS telephone number is (888) 679 - MERS. PRESIDENTIAL BANK, FSB ( "Lender ") is organized and existing under the laws of THE UNITED STATES OF AMERICA and has an address of 4520 EAST -WEST HIGHWAY, BETHESDA MARYLAND 20814 Borrower owes Lender the principal sum of Tw HUNDRED THREE THOUSAND NINE HUNDRED NINETY THREE AND NO 1100 - - - - - - - - - Dollars (U.S. $ 203, 9.93. Go ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1sT, 2041 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in CUMBERLAND County, Pennsylvania: Initials: FHA Pcnnsyivuniu Mortgage witb MERS - 4196 Amended 6102 PAFMMI - 11022910 Page I of 9 www.Proclose.tom e q� SEE SCHEDULE "A" ATTACHED AND MADE A PART HEREOF which has the address of 620 OPOSSUM LAKE ROAD, CARLISLE , [Street) [City] Pennsylvania 17015 ( "Property Address "); [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ( "Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the, Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Puuds." Initials: FHA Pennsylvania Mortgage with MERS - 4196 Amended 6102 PAFMM2 - 11022010 Page 2 of 9 www.Praclost.com i �Q Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 el seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ( "RESPA "), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds arc pledged as additional security for all sums secured by this Security Instrument.. If Borrower tenders to lender the full payment of all such stuns, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Properly or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third to interest due trader the Note; Fourth to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In tic event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. to the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy,'Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal Initials: FHA Penusylvarda MurlgsgL wllh MERS • 1196 Ameaded 6102 PAENI M 3 - 111122010 Page 3 or 9 www.Prociosexom �O residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrowcr acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to d1c principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Fender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrmwer fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property anti Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. Initials: FHA 1'enas39varria Dfortgage. with MFRS - 4196 Amended 610E PAFAIM4 . 11n7.7010 rage 4 of 9 www.ProClosexom 1_ ' *40 O 9. Grounds for Acceleration of Debt. (a) Default. lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if. (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn -St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j -3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) into Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of [IUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (c) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date liercof, Lender may, at its option, require immediate payment in full of all stuns secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shalt be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if. (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lcndcr shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Initials: F11 Petwoi,no2 ilfortgage with MFRS • 4/96 Amended 4/02 PAFM \15 - 11112200 Page 5 of 9 www.Proclose.eom * 4D 12. Successors and Assigns Bound; Joint and Several Liability; Co - Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the stuns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument sball be deemed to have been given to Borrower or Tender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security instrument and the Note are declared to be severable. 15. borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of auy Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law, The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shalt promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower sh ;,ti collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Initials: � � �-^- F11A Pennrylc;,nie hrorigage wi(b 'HERS - 1/96 Amended 6/02 PAFMM( - 114122010 Page 6 or 9 W WW.Proclost.tom *40, 10 FO Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. 11iis assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure, If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights other-.vise available to a Lender under this Paragraph 18 or applicable law. 19. Rcltstse. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. if any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. 1itlerest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24, hiders to this Security Instrument. If one or more riders are executed by Borrower and recorded together wish this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the ridcr(s) were a part of this Security Instrument. [Check applicable box(es)] • Condominium Rider ❑ Growing Equity Rider ❑ Other [specify] • Planned Unit Development Rider ❑ Graduated Payment Rider Initials: L-- PRA rennsyly —]. Mortgage with MERS - 4196 Amended 6/02 PAFMM7 - 1101-7010 Page 7 of 9 www.Proclosc.com P 1 s BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: .tpMd -� (SEAL) IIIMA M. LOVELL - 80RROWER FHA PEnnsylJnaia Mortglge with MFRS - 4/96 Amended 6102 PAFMMB - 11022010 Page 8 of 9 www.ProClose.com 1 ` * • �bJ Certificate of Residence I do certify that the correct address of the within -named mortgagee is 4520 BAST -WEST 210 WAY, BETHESDA MARYLAND 20814 Witness 'my hand this 14TH day of OCTOBER, 2011 Agent of WofirgZge 1 COMMONWEALTH OF PA � ��CHUYLRILL County ss: On this, 14TH day of OCTOBER, 2011 , before me, the undersigned officer, personally appeared DIANA M. LOVELL known to n1c (or satisfactorily proven) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged that helshe /they executed the same for the purposes herein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: �.,asp�tw�mt o� p'EatMtmvMan ,� � �.J " NOtANAL SEAL vlCK1F- R. WELKER, Notary PAC Csrnp Hit E3oro., Curnbedand C 4 � Matc, 20 5 Title of Offic Initials: FHA Ponnsylvaoia Mortgage with MFRS - 4/96 �Amcndtd6102 PAFMM9 -11022010 Page 9 or 9 www.ProClose.com First American Title Insurance Company Commitment No. 11318 SCHEDULE C Legal Descriptlon ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of Township Road No. T -459, on the line of land now or formerly of Martha B. Markley; thence along the latter, South 75 degrees 21 minutes 00 seconds East, a distance of 392.36 feet (erroneously referred to in prior deed as 438.80) to a point on the line of land now or formerly of William Finkenbindcr; thence along the latter, South 04 degrees 05 minutes 07 seconds West, a distance of 280.29 feet to a point on the line of Lot No. 15 on the hereinafter mentioned Plan of Lots; .thence along the latter, North 85 degrees 54 ,ninutes 53 seconds West, a distance of 359.48 feet to a point on the line of Lot No. 20 on said Plan; thence along the latter, North 17 degrees 55 minutes 00 seconds West a distance of 336.23 feet (erroneously referred to in prior deed as 361.23) to a point in the centerline of Township Road No. T459; thence along the latter, North 72 degrees 05 minutes 00 seconds East, a distance of 108.07 feet to a point, the Place of Beginning. CONTAINING 3.112 acres and being described according to a Subdivision Plan for Francis X. Bender, Jr, by Gerrit J. Betz, R. S., dated August 4, 1977 and revised September 27, 1977 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 31, Page 63 and being designated as Lot No. 2l, Section B (erroneously referred to in prior deed as 13) thereon. SUBJECT to building and use restrictions as set forth in Deed Book P, Volume 27, Page 357. PA -3 r f EXHIBIT `B' CERTIFIED PROPERTY IDENTIFICATION NUMBERS 14 - 06- 0027 -109 - LOWER FRANKFORD 13 -0016 CCGIS REGISTRY 08/26/2013 BY DC Prepared By: Powers, Kim & Javardian, LLC 1310 Industrial Blvd., Ste. 101 Southampton, PA 18966 Return to: Powers, Kim & Javardian, LLC 1310 Industrial Blvd., Ste. 101 Southampton, PA 18966 CPN (UPI)# 14 -06- 0027 -109 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, the undersigned: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PRESIDENTIAL BANK, FSB (Assignor) hereby sells, transfers, assigns, conveys and sets over to: U.S. BANK NATIONAL ASSOCIATION (Assignee), its successors, representatives and assigns, all its rights, title and interest in that certain Mortgage executed by Diana M. Lovell dated October 14, 2011 and recorded October 18, 2011 at Instrument No. 201128841 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. Property: 620 Opossum Lake Road, Carlisle, PA 17015 Mortgage Amount: $203,993.00 Original Lender: Mortgage Electronic Registration Systems, Inc., As nominee for Presidential Bank FSB TOGETHER WITH THE REAL PROPERTY therein described and the indebtedness thereby secured, having this date sold to therein named assignee. File No. 13 -0016 TO EXERCISE the said rights, powers and privileges set forth therein in as full as a mariner as the undersigned is authorized to exercise the same. IN WITNESS WHEREOF, the undersigned has caused this instrument to be signed in its behalf by its duly authorized officers and caused its Corporate seal to be affixed this �,49 day of 2013. U MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PRESIDENTIAL BANK, FSB Name: Paula Lynn L lie Title: Assistant Secretary State of Kentuc County of Daviess On ALK 1) S Zb 1 before me, �b t &SI Q,+,- Notary Public (Insert name and title of the Notary Personally appeared Paula Lynn Laslie , Assistant Secretary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Kentucky that the foregoing paragraph is true and correct. WITNESS my hand and official seal, �s� or OFFICIAL SEAL Signature (Seal) o���� r,, BOBBI EASLER NOTARY PUBLIC - KFMUCKY STATE•AT LARGE My Commission Expiresd I ' 1 �p "' ID Exp ires My I hereby certify that the address of the assignee is: 4801 Frederica Street Owensboro, KY 42301 First American Title Insurance Company Commitment No. 11318 SCHEDULE C Legal Description ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of Township Road No. T -459, on the line of land now or formerly of Martha B. Markley; thence along the latter, South 75 degrees 21 minutes 00 seconds East, a distance of 392.36 feet ( erroneously referred to in prior deed as 438.80) to a .point on the line of land now or formerly of William Finkenbinder; thence along the latter, South 04 degrees 05 minutes 07 seconds West, a distance of 280.29 feet to a point on the fine of Lot No. 15 on the hereinafter mentioned Plan of Lots; .thence along the latter, North 85 degrees 54 minutes 53 seconds West, a distance of 359.48 feet to a point on the line of Lot No. 20 on said Plan; thence along the latter, North 17 degrees 55 minutes 00 seconds West a distance of 336.23 feet (erroneously referred to in prior deed as 361.23) to a point in the centerline of Township Road No. T -459; thence along the latter, North 72 degrees 05 minutes 00 seconds East, a distance of 108.07 feet to a point, the Place of Beginning. CONTAINING 3.112 acres and being described according to a Subdivision Plan for Francis X. Bender, Jr. by Gerrit J. Betz, R. S., dated August 4, 1977 and revised September 27, 1.977 and recorded in the Office of the Recorder of I;ceds for Cumberland County, Pennsylvania, in Plan Book 31, Page 63 and being designated as Lot No. 21, Secti .n B (erroneously referred to in prior deed as 13) thereon, SUBJECT to building and use restrictions as set forth in Deed Book P, Volume 27, Page 357. PA -3 u 's ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE 4 . CARLISLE, PA 17013 717 - 240 -6370 _ i ST Instrument Number - 201328297 Recorded On 8/26/2013 At 9:51:42 AM * Total Pages - 4 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 145495 User ID - SW * Mortgagor - LOVELL, DI ANA M * Mortgagee - U S BANK N A * Customer - SIMPLIFILE LC &RECORDING * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $55.50 I Certify this to be recorded in Cumberland County PA a cu,ys t O �j ��~ )74— r c G RECORDER OF DEEDS nso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Y M EXHIBIT `C' Multistate NOTE PHA Cast No. 1 446-0940925 AVc" OCTOBER 14TH, 2011 MECHANICSV PA [Date] [City] [State] 620 OPOSSUM LAKE ROAD, CARLISLE, PA 17015 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means PRESIDENTIAL BANK, FSB and its successors and assigns. 2. BORROWER'S PROMISE TO PAY, INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of TWO HUNDRED THREE THOUSAND NINE HUNDRED NINETY THREE AND NO /100- - - - - - - - - - - Dollars (U.S. $ 203,993.00 ) plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FOUR AND ONE QUARTER percent ( 4.2 50 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on DECEMBER 1ST, 2011 , Any principal and interest remaining on the first day of NOVEMBER, 2041 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 4520 EAST - WEST HIGHWAY, BETHESDA MARYLAND 20814 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 1,003.53 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ❑ Graduated Payment Allonge ❑ Other [specify] ❑ Growing Equity Allonge S. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note by the end of FIFTEEN calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.000 %) of the overdue amount of each payment (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the FHA Multistate Rate Note - 1219S InitialS�/ AAFNIG - 04092009 Page 1 or 2 - .ProCloro.ce; c' f I event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not T permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban _ `• Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in.full, as described above, Lender may require Borrower to pay costs /t and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by V applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is 'given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person if fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (SEAL) DIANA M. Y TO THE LOVELL - BORROWER E ORDER OF: U NATIONAL CIO [SIGN ORIGINAL ONLY) WITH O E s PRESID FSB BY: SOHO R ITS: SECOTIVE E PRESIDENT FHA MOttstate Rate Note - 1219S AAPN2G - 04092009 Page 2 art www.r`roClose.com ;� �:�=,► � M W � BANK Presidential Mortgage Company, A wholly -owned subsidiary of Presidential Bank, F.S.B. 4600 Fast -West Highway, Suite 400, Bethesda, MD 20814 ALLONGE Diana M. Lovell 620 Opossum Lake Road, Carlisle, PA 17015 Loan Amount $203,993.00 Dated: October 14th, 2011 Pay to the order of: US BANK, N.A. Without Recourse: PRES TIAL BANK, FSB PREs By: John Schoen r, xecutive Vice President P,av to the order of Vic = t'r•esident EXHIBIT `U All of #g.5eniing yqu ��bank, _00 U.S, BANK HOME MORTGAGE 91 7199 9991 7032 1204 7305 4801 Frederica Street September 06, PO Box 20005 Owensboro, KY 42301 Diana M Lovell - 620 Opossum Lake Rd Carlisle PA 17015 NOTICE OF INTENTION TO FORECLOSE The mortgage held by U. S. Bank Home Mortgage, (hereinafter we, us or our) on your property located at: 4 620 Opossum Lake Rd, Carlisle PA 17015 is in serious default because you have failed to make the monthly payment (s) of $ 1500. 3 for the months of - 11 1 2 - q and the monthly payment(s) of $ 1 for the months of ---- Late charges (and other charges) have also accrued in the amount of a 0. 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 $ 4742.61. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You may dispute the validity of the debt or any portion thereof within thirty three (33) days of receipt of this letter. You may cure this default within thirty three (33) days of the date of this letter, by paying*to us the above amount of.,$ 4742.61, plus any additional payments and late charges which may fall due during this period. Such payment must be made in form'of certified check, cashier's check or money order, and made payable to: U. S. Bank Home Mortgage 4801 Frederica Street Owensboro KY 42301 If you do not cure this default within thirty three (33) days, we in- tend to exercise our right to acelerate the mortgage payments. This - - -- -- means -- whatever -is.- .owing. --on the -origina -1 -- amount - -borrowed -w- ill -be - -- - -- considered due immediately and you may lose the chance to pay off the original mortgage in monthly payments. If full payment of the amount of default is not made within thirty three (33) days, we.also intend to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt: If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. usbank.com Member FOIL, LLENUEn 1 , (bank. REa U.S. BANK HOME MORTGAGE 4801 Frederica Street PO Box 20005 Owensboro, KY 42801 _ HowdV - e if - legal pro are -st arted-aga ins t -you to pay the reasonable attorney's fees even if they are over $50.00. Any-attorney fees will be added to whatever you owe us. If you cure this default within the thirty day period, you will riot be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON - EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total due, as well as the reasonable attorney's fees and costs incurred in connection 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 six months from the date of this letter. A notice of the date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount 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: (800) 365 -7900. This payment must be in the form of certified check, cashier's check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remian 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 the additional rights to help protect your interests.in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW 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 MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. -- -- - - If -you- cure- - -this default- - -- the-mortgage wi 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 (3) times in any calendar year. Sincerely, Loan Administration Default Reporting Q 800 -36' -7900 usbank.com' Member FDIC EENOEN VERIFICATION The undersigned hereby states that the statements fade in the foregoing pleadings are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Heather Jene Patton Vice President U.S. Bank National Association Lovell, Diana M. 13 -0016 Y L POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 r /t,'�� Jill Manuel - Coughlin, Esquire Id. No. 63252 „ , Jolanta Pekalska, Esquire Id. No. 30796$ A Daniel C. Fanaselle, Esquire Id. No. 312292 Richard J. Nalbandian, III, Esquire Id. No. 312653 �, d5 A NiT q , Matthew J. McDonnell, Esquire Id. No. 313549 1310 Industrial Boulevard, 2nd Floor, Suite 202 Southampton, PA 18966 Telephone; 215 -942 -2090 ATTORNEYS FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. No. DIANA M. LOVELL 620 OPOSSUM LAKE ROAD COMPLAINT IN CARLISLE, PA 17015 MORTGAGE FORECLOSURE DEFENDANT NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in.the residential property which is the subject of this foreclosure action you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact M 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 � r 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 T HESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FLEE. Date Respectfully submitted, ❑ Gregory Javardian, Esquire Id. No. 55669 ❑ Jill Manuel - Coughlin, Esquire Id. No. 63252 ❑ Jolanta Pekalska, Esquire Id. No. 307968 ❑ Daniel C. Fanaselle, Esquire Id. No. 312292 ❑ Richard J. Nalbandian, III, Esquire Id. No. 312653 2" J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff 7 1 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 CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different) City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: CO- BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: 5 Loan Number Date You Closed Your Loan: Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Included Taxes Insurance:$ Date of Last Payment: Primary Reason for default: Is the loan in Bankruptcy? Yes El Noo If yes provide names, location of court, case number & attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking Savings $ $ Other $ $ Automobile #1: Model Year: Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $ y i MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description (not wages): 1. monthly amount $ 2. monthly amount $ Borrower Pay Days: Co- Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto fuel /repairs. $_ Other prop, payment $ Install Loan Payment $ Cable TV $ R Child Support/Alimony $ Spending Money $ Day /Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No. O If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program J 4 (HEMAP) assistance Yes ❑ No If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ❑ No ❑ If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name) Contact: Phone AUTHORIZATION I /We authorize the above named to use /refer this information to my lender /services 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 Tate Co- Borrower Signature Date }, l Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T -EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Powers, Kim, & Javardian, LLC 1.3 1.0 Industrial Boulevard 2nd Floor, Suite 202 Southampton, PA 18966 (tel) 215- 942 -2090 (fax) 215 - 942 Attention: Panjola Alikaj Panjola.alikaj&pkj llc.com (tel) 215- 942 -2090 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ L., Sheriff Jody S Smith 2314 FEB 28 Pm 3: 39 Chief Deputy Richard W Stewart CUMBERLAND cout T I Solicitor F F PENNSYLVANIA IA US Bank National Association Case Number vs. Diana Lovell 2014-676 SHERIFF'S RETURN OF SERVICE 02/10/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Diana Lovell, 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 620 Opossum Lake Road, Lower Frankford, Carlisle, PA 17015. Residence is vacant. Per the Carlisle Postmaster mail is delivered to address. SHERIFF COST: $39.78 SO ANSWERS, February 24, 2014 RONNK R ANDERSON, SHERIFF rrlff. E.1- .cit...,.. #13-0016 POWERS, KIRN & JAVARDIAN, LLC By: Daniel C. Fanaselle Attorney Id # 312292 1310 Industrial Boulevard, 2nd Floor, Suite 202 Southampton, PA 18966 Telephone: 215-942-2090 Attorneys for Plaintiff It_ F._ Et• — 0 C T HE .P R0 T H clAR I Li PM 1:20 CUMBERLAND. COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION VS. Diana M. Lovell TO THE COURT: Plaintiff Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 14-676 Civil PRAECIPE TO REINSTATE COMPLAINT Kindly. Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty (30) days. Dated: March 13, 2014 Daniel C. Fanaselle Attorney Id # 312292 POWERS, KIRN & JAVARDIAN, LLC Attorneys for Plaintiff •ll. ISIL 411 a.14.41. /1. R-41-- a.925 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY o€FiCE OF Tf'.F, FHSRiIFF • ai y 1 tt t i ttl! N.C% 25iLI APR -2 Pii tf: 13 CUMBERLAND COUNTY PENNSYLVANIA US Bank National Association vs. Diana Lovell Case Number 2014 -676 SHERIFF'S RETURN OF SERVICE 03/26/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Diana Lovell, 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 620 Opossum Lake Road, Lower Frankford, Carlisle, PA 17015. Residence is vacant and per the Carlisle Postmaster the defendant moved and left no forwarding address. SHERIFF COST: $39.78 SO ANSWERS, March 26, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosof Inc. B&R Servide for Professionals Inc. 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX;, (215) 985-0169 U.S. Bank National Association -vs- Diana M. Lovell COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: NAS •P5 National Association of Philadelphia Association Professional Process Servers of Professional Process Servers COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 14-676 Civil AFFIDAVIT OF SERVICE B&R Control # CS111605 - 2 Reference Number 13-0016 SERVICE INFORMATION On 21 day of March, 2014 we received the Mortgage Foreclosure Complaint / See Below*** for service upon Diana M. Lovell at 105 E. Hammaker Street Thurmont, MD 21788 *** Special Instructions *** NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM 9t1 Served Date 103h In the manner described below. Time Personally served. Adult family member. Relationship is Accepted By: ci crt Adult in charge of residence who refused to give name and/or relationship. 'Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other Description of Person Age /7/0 Height c -,S- nNot Served Date Other Weight /2,s-- Race fir% Sex Not Served Information Moved I Unknown Time I I No Answer I Vacant II The Process Server, being duly sworn, deposes and says that the facts set forth herein are true and correct to the best of their knowledge, information and belief. i Process Server/Sheriff Law Firm Phone (215)942-2090 Fo Heather Shaw Powers, Kim & Javardian, LLC 1310 Industrial Boulevard 2nd floor Southampton, PA 18966 0auuuHE 4V, u,,, NOTAA) v,Swori nd subscribed bef• his Notary ServeBy Date 4/14/2014 Filed Date Reinstated 3/14/2014 ORIGINAL 08OVC POWERS, KIRN & ASSOCIATES, LLC JILL MsANUEL-COUGHLIN, ESQUIRE Id. No. 63252 YOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 U.S Bank National Association vs. Diana M. Lovell 105 E. Hammaker Street Thurmont, MD 21788 LLED— al: THE PRO THCJHO , 20111 OCT — 1 Ps?: PE'NSCUMBERLAND COL:NT Y YL H A COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-676 Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Diana M. Lovell , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $2 2 8 1 6 7 . 8 7 Interest 01/02 /2014 to 09/26/2014 6 2 9 5 2 5 TOTAL $234463.19 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 37.1, copy attached. Damages are hereby assessed as indicated. DATE: )0 i y ssoc , LLC anuel-Coughlin, Esquire d. No. 63252 anta Pekalska, Esquire, Id o. 307968 arty B. Reese, Esquire, Id No. 310501 ElDaniel C. Fanaselle, Esquire, Id. No. 312292 CIMatthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff , 04^ ,Awec 004 •„,,t,4' Ct/4i ?,f/ 31'WM1 / 13-0016 POWERS KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE ID. NO. 63252 JOLANTA PEKALSKA, ESQUIRE ID. NO. 307968 HARRY 13. REESE, ESQUIRE ID. NO. 310501 DANIEL C. FANASELLE, ESQUIRE ID. NO. 312292 MATTHEW J. MCDONNELL, ESQUIRE ID, NO. 3 13549 1310 INDUSTRIAL BOULEVARD, 2ND FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 TELEPHONE: 215-942-2090 ATTORNEYS FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, VS. DIANA M. LOVELL DEFENDANT DIANA M. LOVELL, 620 OPOSSUM LAKE ROAD CARLISLE, PA 17015 DATE OF NOTICE: MAY ,2014 NO. 14-676 CIVIL DIANA M. LOVELL, 105 E. HAMMAKER STREET THURMONT, MD 21788 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 - Phone: 717-243-9400 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 - Phone: 717-249-3166 Power Kin & As ciates, LLC o I nue -Coughlin, squire Id. No. 63252 O Jolanta Pekalska, Es uire , Id. No. 307968 O Harty B. Reese, Esquire Id. No. 310501 O Daniel C. Fanaselle, Esquire Id. No. 312292 o Matthew J. McDonnell, Esquire Id. No. 313549 Usted se encuentra en estado de rebeldia por no haber tornado 1a accion requiida de1 su pante en este caso. Al no totriar la accion debida dentro de tin termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en conic o escuchar prueba alguna, dictar sentencia en SU contra, usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o Ilame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 U.S Bank National Association COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Diana M. Lovell No.: 14-676 Civil VERIFICATION OF NON-MILITARY SERVICE Gregory Javardian, Esquire, hereby verifies that he/she is attorney for the Plaintiff in the above - captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) Defendant(s), Diana M. Lovell , is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, Diana M. Lovell, is over 18 years of age, and resides at 620 Opossum Lake Road, Carlisle, PA 17015. (c) Plaintiff, U.S Bank National Association, is an institution conducting business under the Laws of the Commonwealth of Pennsylvania with an address of , . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. irn Associates, C anuel-Coughlin, Esquire o. 63252 flJ'anta Pekalska, Esquire, Id. No. 307968 arry B. Reese, Esquire, Id. No. 310501 ElDaniel C. Fanaselle, Esquire, Id. No. 312292 0Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff SCRA 3.0 latus Report Pursuant to Se 'cc .bers Civil Relie • Act Last Name: LOVELL First Name: DIANA Middle Name: Active Duty Status As Of: Sep -29-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No'" NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No ' NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to 'report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services {Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. yA, Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 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: SD732DAC30608A0 SCRA 3.0 Status Report Pursuant to Se icer li rube ief Act Last Name: LOVELL First Name: DIANA Middle Name: M Active Duty Status As Of: Sep -29-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ' No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duly 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 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' nd 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: GDE18D1C6061B80 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Diana M. Lovell 105 E. Hammaker Street Thurmont, MD 21788 U.S Bank National Association COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. No.: 14-676 Civil Diana M. Lovell Defendant(s) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession by Default Judgment on Award of Arbitration Judgment on Verdict . Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Powers, Kirn & Associates, LLC at this telephone number: (215) 942-2090.