Loading...
HomeMy WebLinkAbout14-3908 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use onlp: Civil Cover Sheet Docket No: Cumberland County 14X908 Merm The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other a ers as required by law or rules of court. S Commencement of Action: E x Complaint ❑Writ of Summons ❑Petition C ❑ Transfer from Another Jurisdiction ❑ Declaration of Takia Lead Plaintiffs Name:FEDERAL NATIONAL Lead Defendant's Name: MICHAEL J. DAY AND THERESA T MORTGAGE ASSOCIATION("FANNIE MAE") E.DAY I O N Are money damages requested? : ❑Yes X No Dollar Amount Requested: within arbitration limits A Check one outside arbitration limits Is this a Class Action Suit? 0 Yes 0 No Is this an MDJA eal? ❑ Yes ❑X No Name of Plaintiff/Appellant's Attorney:Martha Von Rosenstiel,Esq. o Check here if you are a Self-Represented Pro Se Litigant \mitre of the Case: Place an"X" to the left of the ONE case category that most accurately describes your PRLVARY CAi 3E. If you are inakin¢more than one type of claim.check the one that you consider most important. TORT(do not include?lass Tort) CONTRACT(do not include Judgments) CIVIL.APPEALS 0 Intentional [:1 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution El Debt Collection:Credit Card El Board of Assessment E] Motor vehicle Q Debt Collection:Other Q Board of Elections 0 Nuisance ❑ Dept.of Transportation S Q Premises Liability 0 Statutory Appeal:Other Product Liability(does not,inch&e mass tori} Q Employment Dispute: E E] Slander/Libel'Defarnation Discrimination C 0 Other: Employment Dispute:Other © Zoning Board .I- ❑ Other: I Q Other: 0 MASS TORT 0 Asbestos N n Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste © Other: [I Ejectment Q Connnon Law/StatutoryArbitration B 0 Eminent.Domain/Condemnation ©Declaratory Judgment ©Ground Rent, Mandamus Q Landlord/Tenwit Dispute B Non-Domestic Relations - E]Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL:LIABLITY Q Mortgage.Foreclosure:Commercial El Quo Rtarrarito 0 Dental Q Partition E3 Replevin ❑ Legal Q Quiet Title El Other: Medical Q Other: ❑ Other Professional: LlJdated 1/113011 FORM 1 FEDERAL NATIONAL MORTGAGE IN THE COURT.OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016-2892 Plaintiff VS. NO. 1 q-3ft8 0,-,,i[Tel" MICHAEL J. DAY AND THERESA E. DAY '_ 934 Allenview Drive c Mechanicsburg, PA 17055 Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE�Z DIVERSION PROGRAM 1 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 and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in a 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 ND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. R p ctfully submitted: June 30, 2014 Date Signature of Counsel for Plaintiff FORM 2 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: APPLICATIONCUSTOMERIPRIMARY 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? 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: a e 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: 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 2n 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/Tuit. 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: n t Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes[j No Fj 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: AUTHORIZATION I/We, _ authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date 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 FORM 3 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016-2892 Plaintiff VS. NO. MICHAEL J. DAY AND THERESA E. DAY 934 Allenview Drive Mechanicsburg, PA 17055 Defendants REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage f=oreclosure 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 FORM 4 FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY, 3900 Wisconsin Avenue, NW PENNSYLVANIA Washington, DC 20016-2892 Plaintiff vs. NO. MICHAEL J. DAY AND THERESA E. DAY 934 Allenview Drive Mechanicsburg, PA 17055 Defendants CASE MANAGEMENT ORDER AND NOW,this day of , 20 the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference, if the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. MARTHA E. VON ROSENSTIEL, P.C. 34607CFC-AB Martha E. Von Rosenstiel, Esquire/No. 52634 ;` ;It 11 - 3 1.1 E 1 4 2 Heather Riloff, Esquire/No. 309906 649 South Avenue Suite 7 �# E n L N D C u D Secane, PA 19018 ' PEINId5YLVk0iIA (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY 3900 Wisconsin Avenue, NW Washington, DC 20016-2892 Plaintiff 1 V. NO. 14is 1Grn+ MICHAEL J. DAY AND THERESA E. DAY 934 Allenview Drive Mechanicsburg, PA 17055 Defendants CIVIL ACTION—MORTGAGE FORECLOSURE NOTICE I ADVISO You have been sued in court. If you wish to defend against the claims Le han demandado a usted en la corte. Si usted quiere defenderse de set forth in the following pages,you must take action within twenty estas demandas expuestas en las paginas siguientes,usted tiene (20)days after this complaint and notice are served,by entering a veinte(20)dias de plazo at partir de la fecha de la demanda y la written appearance personally or by attorney and filing in writing with notificacion. Hace falta a sentar una comparencia escrita o en the court your defenses or objections to the claims set forth against you. persona o con un abogado y entregar a la corte en forma escrita sus You are warned that if you fail to do so the case may proceed without defensas o sus objeciones a las demandas en contra de su persona. you and a judgment may be entered against you by the court without Sea a visado que si usted no se defiende,la corte toma ra medidas y further notice for any money claimed in the complaint or for any other puede continuar la demanda en contra suya sin previo aviso o claim or relief requested by the plaintiff. You may lose money or notificacion. Ademas,la corte puede decidir a favor del demandante property or other rights important to you y requiere que usted cumpla con todas las provisiones de esta dernanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA A UN ABOGADO ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN TELEPHONE THE OFFICE SET FORTH BELOW.THIS PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT ESTA OFICINA LE PUEDE PROVEER INFORMACION HIRING A LAWYER.IF YOU CANNOT AFFORD TO HIRE A SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A WITH INFORMATION ABOUT AGENCIES THAT MAY UN ABOGADO,LE PODEMOS DAR INFORMACION OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A REDUCED FEE OR NO FEE PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 s 717-249-3166 _ 800-990-9108 (03.75 Pb ATI-4 e46S,2CD �, 308Da3 , THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE 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.C. §16929 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. MARTHA E. VON ROSENSTIEL, P.C. 34607CFC-AB Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE COURT OF COMMON PLEAS OF ASSOCIATION ("FANNIE MAE") CUMBERLAND COUNTY 3900 Wisconsin Avenue, NW Washington, DC 200116-2892 Plaintiff V. NO. MICHAEL J. DAY AND THERESA E. DAY 934 Allenview Drive Mechanicsburg, PA 17055 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America, with offices for the conduct of business at 3900 Wisconsin Avenue, NW, Washington, DC 20016-2892. 2. Defendants, Michael J. Day and Theresa E. Day are the mortgagors and real owners of premises 235 W Lisburn Road, Mechanicsburg, PA 17055, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Mortgage Electronic Registration Systems, Inc. as Nominee for Mortgage Network, Inc. on February 25, 2008, which mortgage was recorded on March 6, 2008 in the Office of the Recorder of Deeds of Cumberland County as Mortgage Instrument No. 200806640, secured on premises 235 W Lisburn Road, Mechanicsburg, PA 17055 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage was then assigned to CitiMortgage Inc. by written assignment dated September 29, 2012 and recorded on October 1, 2012 in the Office of the Recorder of Deeds of Cumberland County as Mortgage Instrument No. 201229996. 5. The mortgage has since been assigned to Federal National Mortgage Association by written assignment dated February 12, 2014 and recorded on February 14, 2014 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Instrument No. 201403250. 6. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 7. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from January 2014 and each month thereafter, up to and including the present time. 8. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 9. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 158,893.82 Interest from 12/1/2013 to 6/26/2014 at $17.41 per diem $ 3,604.54 Accrued late charges $ 133.60 Accrued Escrow deficit $ 3,663.86 Attorney's Fee $ 1,650.00 Arrearage Balance $ 17,544.86 Returned Check Charges $ 25.00 Property Inspections $ 60.00 Total $ 185,575.68 10. Plaintiff sent to obligated defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 as amended by Act 160 of 1998 assistance has not been granted, although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of$ 185,575.68, plus per diem interest at $17.41 from June 27, 2014 to the date of judgment plus costs thereon. MARTHA E. VON ROSENSTIE P.C. B artha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff VERIFICATION Rebecca Graves hereby states that he/she is the 41 ; losure Specialist of Seterus, Inc., as authorized subservicer for Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America,plaintiff herein; that he/she is duly authorized to make this Verification on behalf of Federal National Mortgage Association("Fannie Mae") and verifies that the statements made in the foregoing Complaint in Federal National Mortgage Association ("Fannie Mae") v. Michael J. Day and Theresa E. Day relating to the property located at 235 W Lisburn Road, Mechanicsburg, PA 17055 are true and correct to the best of his/her 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. (o —z-4 BY: i x Rebecca GraVes Title: f�©re'ejosure Special ist Seterus, Inc., as authorized subservicer for Federal National Mortgage Association("Fannie Mae"), a corporation organized and existing under the laws of the United States of America Dated: EXHIBIT I LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, as set forth on a final Subdivision Plan for Kenneth Martin and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 51, Page 79, and more particularly described as follows: BEGINNING at a point at the dividing line between Lot No. 2 and Lot No. 1, said point being in the center of West Lisburn Road, L.R. 21013; thence by said center North 75 degrees 03 minutes 41 seconds East, a distance of 74.67 feet to a point;thence by same North 71 degrees 03 minutes .48 seconds East, a distance of 90.63 feet to a point at line of Lot No. 3; thence by same South 14 degrees 18 minutes 58 seconds East, a distance of 177.08 feet to a point at line of Lot No. 2; thence by same South 75 degrees 41 minutes 02 seconds West, a distance of 165.00 feet to a point; thence by same North 14 degrees 18 minutes 58 seconds West, a distance of 168.96 feet to the Place of BEGINNING. BEING Lot No. I of the aforementioned Final Subdivision Plan and containing 28,313 square feet, more or less. ALSO, BEING known as 235 West Lisburn Road, Mechanicsburg, Pennsylvania. PARCEL IDENTIFICATION NO: 42-30-2112-021., CONTROL#: 42004254 EXHIBIT II seterusT. Physical Address 14523 SW Millikan Way;Suite 200;Beaverton,OR 97005 Business Hours(Pacific Time) Monday-Thursday 5 a.m.to 8 p.m. Friday 5 a.m.to 6 p.m. Payments March 19, 2014 PO Box 11790;Newark, NJ 07101-4790 Correspondence VIA CERTIFIED AND FIRST CLASS MAIL PO Box 2008;Grand Rapids,MI 49501-2008 Phone 866.570.5277 L178R Fax DAY,MICHAEL J 866.578.5277 934 ALLENVIEW DR Website MECHANICSBURG,PA 17055 www.seterus.com Loan number:d� serviced by Seterus,Inc. Please read the following important notice about your loan. If you receive or have received a discharge of this debt in a bankruptcy proceeding and the debt is not reaffirmed in the bankruptcy proceeding,you will not be personally responsible for the debt. However,the lien against the property securing this debt may remain on the property until the amount owing on the loan is paid. In addition,we may commence a foreclosure proceeding against the property that secures this loan. This notice of our intent to foreclose has no effect on your right to dispute the debt in writing as indicated in the debt validation letter we sent to you on February 19,2014. The Fair Debt Collection Practices Act does not require us to wait until the end of the 30-day validation period before attempting to collect this debt. If, however,you request proof of the debt or the name and address of the original creditor within the 30-day period upon your receipt of the debt validation letter,the law requires us to suspend our efforts to collect the debt until we mail the requested information to you. Sincerely, Seterus,Inc. Enclosures: Act 91 Notice,PHFA list of HEMAP-approved agencies,How to Avoid Foreclosure THIS COMMUNICATION IS FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER,IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT,THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT,BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO:FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COLORADOATTORNEYGENERAL.GOV/CA.Seterus,Inc.maintains a local office at 355 Union Boulevard,Suite 250,Lakewood,CO 80228.The office's phone number is 888.738.5576. NEW YORK CITY: 1331537, 1340663, 1340148. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.Seterus,Inc.is licensed to do business at 14523 SW Millikan Way,Beaverton,OR. Mage I of 6 Date: March 19, 2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and that the lender/servicer intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 800.342.2397. (Persons with impaired hearing can call 717.780.1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA,PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENO DE ESTA NOTIFICACIO IDN OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDINIIR SU HIPOTECA. Paae 2 of 6 HOMEOWNER'S NAME(S): DAY,MICHAEL J DAY,THERESA E PROPERTY ADDRESS: 235 W LISBURN RD MECHANICSBURG,PA 17055-5824 LOAN ACCT.NO.: dmft ORIGINAL LENDER: MORTGAGE NETWORK,INC. CURRENT LENDER/SERVICER: Seterus,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE, WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act,you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the time of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33)DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE,YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT_COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this Notice,the lender/servicer may NOT take action against you for thirty (30)days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies ncies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender/servicer immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so,you must fill out, sign, and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender/servicer from filing a foreclosure action,your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING,THEN THE LENDER/SERVICER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE,IN THE SECTION CALLED"TEMPORARY STAY OF FORECLOSURE." Page 3 of 6 YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER/SERVICER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60) days to make a decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up-to-date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender/servicer on your property located at: 235 W LISBURN RD MECHANICSBURG,PA 17055-5824 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE REGULAR MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments: January 1,2014 through March 1,2014 in the amount of$1,260.38 each Total: $3,781.14 Past Due Installments: $3,781.14 Other Open Charges: Prior Servicer Charges Seterus,Inc. Charges Late Charges 33.40 0.00 33.40 Property Inspections 0.00 15.00 15.00 Total Past Due Installments&Charges $3,829.54 Less Suspense(Balance) 0.00 TOTAL AMOUNT PAST DUE $3,829.54 Mage 4 of 6 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $3,829.54,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES, WHICH BECOME DUE DURING THE THIRTY(30)DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: Seterus,Inc. PO Box 11790 Newark,NJ 07101-4790 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender/servicer intends to exercise its rights to accelcerate the mortgaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in regularly scheduled installments. If full payment of the total amount past due is not made within THIRTY (30)DAYS,the lender/servicer also intends to instruct its attorneys to start legal action to foreclose upon your mortmed property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys,but you cure the delinquency before the lender/servicer begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00. However, if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender/servicer even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender/servicer,which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER/SERVICER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE-- If you have not cured the default within the THIRTY(30)DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due,plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five(5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. )Wage 5 of 6 HOW TO CONTACT THE LENDER/SERVICER: Name of Lender/Servicer: Seterus,Inc. Address:PO Box 2008 Grand Rapids,MI 49501-2008 . Phone Number: 866.570.5277 Fax Number: 877.649.0743 Contact Person(s): Shannon Stock or NathAA-Wetzel E-Mail Address: ExternalCommunications@seterus.com EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE--You_may or X may not sell or transfer your home to a buyer or transferee who will asuume the mortgage debt,provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. •-TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER. • TO SEE PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Enclosed is a list of CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. Page 6 of 6 seterus,, Physical Address 14523 SW Millikan Way;Suite 200;Beaverton,OR 97005 Business Hours(Pacific Time) Monday-Thursday 5 a.m.to 8 p.m. Friday 5 a.m.to 6 p.m. Payments March 19, 2014 PO Box 11790;Newark,NJ 07101-4790 Correspondence VIA CERTIFIED AND FIRST CLASS MAIL PO Box 2008;Grand Rapids,MI 49501-2008 Phone 866.570.5277 L178R Fax DAY,MICHAEL 7 {<' . 866.578.5277 235 W LISBURN RD Website MECHANICSBURG,PA 17055-5824 www.seterus.com Loan number:, serviced by Seterus,Inc. Please read the following important notice about your loan. If you receive or have received a discharge of this debt in a bankruptcy proceeding and the debt is not reaffirmed in the bankruptcy proceeding,you will not be personally responsible for the debt. However,the lien against the property securing this debt may remain on the property until the amount owing on the loan is paid. In addition,we may commence a foreclosure proceeding against the property that secures this loan. This notice of our intent to foreclose has no effect on your right to dispute the debt in writing as indicated in the debt validation letter we sent to you on February 19,2014. The Fair Debt Collection Practices Act does not require us to wait until the end of the 30-day validation period before attempting to collect this debt. If, however,you request proof of the debt or the name and address of the original creditor within the 30-day period upon your receipt of the debt validation letter,the law requires us to suspend our efforts to collect the debt until we mail the requested information to you. Sincerely, Seterus,Inc. Enclosures: Act 91 Notice,PHFA list of HEMAP-approved agencies,How to Avoid Foreclosure THIS COMMUNICATION IS FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.HOWEVER,IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT,THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT,BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO:FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COLORADOATTORNEYGENERAL.GOV/CA.Seterus,Inc.maintains a local office at 355 Union Boulevard,Suite 250,Lakewood,CO 80228.The office's phone number is 888.738.5576. NEW YORK CITY: 1331537, 1340663, 1340148. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.Seterus,Inc.is licensed to do business at 14523 SW Millikan Way,Beaverton,OR. Page l of 6 Date: March 19, 2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM ,,- FORECLOSURE This is an official notice that the mortgage on your home is in default, and that the lender/servicer intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 800.342.2397. (Persons with impaired hearing can call 717.780.1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA,PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 2 of 6 HOMEOWNER'S NAME(S): DAY,MICHAEL J DAY,THERESA E PROPERTY ADDRESS: 235 W LISBURN RD MECHANICSBURG,PA 17055-5824 LOAN ACCT.NO.: ORIGINAL LENDER: MORTGAGE NETWORK,INC. CURRENT LENDER/SERVICER: Seterus,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE, WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act,you are entitled to a temporary stay of foreclosure on your mortgage for thirty(3 0)days from the time of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE(33)DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE,YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this Notice,the lender/servicer may NOT take action against you for thirty(30)days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender/servicer immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE --Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so,you must fill out, sign, and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender/servicer from filing a foreclosure action,your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING,THEN THE LENDER/SERVICER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE,IN THE SECTION CALLED"TEMPORARY STAY OF FORECLOSURE." Page 3 of 6 YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER/SERVICER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60) days to make a decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up-to-date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender/servicer on your property located at: 235 W LISBURN RD MECHANICSBURG,PA 17055-5824 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE REGULAR MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments: January 1, 2014 through March 1, 2014 in the amount of$1,260.38 each Total: $3,781.14 Past Due Installments: $3,781.14 Other Open Charges: Prior Servicer Charges Seterus,Inc. Charges Late Charges 33.40 0.00 33.40 Property Inspections 0.00 15.00 15.00 Total Past Due Installments&Charges $3,829.54 Less Suspense(Balance) 0.00 TOTAL AMOUNT PAST DUE $3,829.54 Page 4 of 6 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $3,829.54,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES, WHICH BECOME DUE DURING THE THIRTY(30)DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: Seterus,Inc. PO Box 11790 Newark,NJ 07101-4790 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in regularly scheduled installments. If full payment of the total amount past due is not made within THIRTY (30)DAYS,the lender/servicer also intends to instruct its attorneys to start legal action to foreclose upon Your mortiaeed property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys,but you cure the delinquency before the lender/servicer begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00. However, if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender/servicer even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender/servicer,which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER/SERVICER REMEDIES-- The lender may.also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE-- If you have not cured the default within the THIRTY(30)DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due,plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately five(5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. Page 5 of 6 HOW TO CONTACT THE LENDER/SERVICER: Name of Lender/Servicer: Seterus,Inc. Address:PO Box 2008 Grand Rapids,MI 49501-2008 Phone Number: 866.570.5277 Fax Number: 877.649.0743 Contact Person(s): Shannon Stock or Nathan Wetzel E-Mail Address: ExternalCommunications@seterus.com EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE--You_may or X may not sell or transfer your home to a buyer or transferee who will asuume the mortgage debt,provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER. • TO SEE PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Enclosed is a list of CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. Page 6 of 6 seterus Physical Address 14523 SW Millikan Way;Suite 200; Beaverton,OR 97005 TM Business Hours(Pacific Time) Monday-Thursday 5 a.m.to 8 p.m. Friday 5 a.m.to 6 p.m. Payments March 19, 2014 PO Box 11790;Newark, NJ 07101-4790 Correspondence VIA CERTIFIED AND FIRST CLASS MAIL PO Box 2006;Grand Rapids,MI 49501-2008 Phone 866.570.5277 Ll 78R Fax DAY,THERESA E 866.578.5277 934 ALLENVIEW DR Website MECHANICSBURG,PA 17055 www.seterus.com Loan number:Mom, serviced by Seterus,Inc. Please read the following important notice about your loan. If you receive or have received a discharge of this debt in a bankruptcy proceeding and the debt is not reaffirmed in the bankruptcy proceeding,you will not be personally responsible for the debt. However,the lien against the property securing this debt may remain on the property until the amount owing on the loan is paid. In addition,we may commence a foreclosure proceeding against the property that secures this loan. This notice of our intent to foreclose'has no effect on your right to dispute the debt in writing as indicated in the debt validation letter we sent to you on February 19,2014. The Fair Debt Collection Practices Act does not require us to wait until the end of the 30-day validation period before attempting to collect this debt. If, however,you request proof of the debt or the name and address of the original creditor within the 30-day period upon your receipt of the debt validation letter,the law requires us to suspend our efforts to collect the debt until we mail the requested information to you. Sincerely, Seterus,Inc. Enclosures: Act 91 Notice,PHFA list of HEMAP-approved agencies,How to Avoid Foreclosure THIS COMMUNICATION IS FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER,IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT,THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT,BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO:FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COLORADOATTORNEYGENERAL.GOV/CA. Seterus,Inc.maintains a local office at 355 Union Boulevard,Suite 250,Lakewood,CO 80228.The office's phone number is 888.738.5576. NEW YORK CITY: 1331537, 1340663, 1340148. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.Seterus,Inc.is licensed to do business at 14523 SW Millikan Way,Beaverton,OR. Page 7 I e 1. of 6 Date: March 19, 2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and that the lender/servicer intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 800.342.2397. (Persons with impaired hearing can call 717.780.1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA EWORTANCIA,PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCL4,(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Pwye 2 of 6 HOMEOWNER'S NAME(S): DAY,THERESA E PROPERTY ADDRESS: 235 W LISBURN RD MECHANICSBURG,PA 17055-5824 LOAN ACCT.NO.: ORIGINAL LENDER: MORTGAGE NETWORK,INC. CURRENT LENDER/SERVICER: Seterus,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE, WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act,you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the time of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE(33)DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE,YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES --If you meet with one of the consumer credit counseling agencies listed'at the end of this Notice,the lender/servicer may NOT take action against you for thirty(30)days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling_a eg ncies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender/servicer immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so,you must fill out, sign, and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender/servicer from filing a foreclosure action,your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING,THEN THE LENDER/SERVICER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE,IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." Page 3 of 6 YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER/SERVICER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60) days to make a decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up-to-date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender/servicer on your property located at: 235 W LISBURN RD MECHANICSBURG,PA 17055-5824 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE REGULAR MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments: January 1,2014 through March 1,2014 in the amount of$1,260.38 each Total: $3,781.14 Past Due Installments: $3,781.14 Other Open Charges: Prior Servicer Charges Seterus,Inc. CharEes Late Charges 33.40 0.00 33.40 Property Inspections 0.00 15.00 15.00 Total Past Due Installments&Charges $3,829.54 Less Suspense(Balance) 0.00 TOTAL AMOUNT PAST DUE $3,829.54 Page 4 of 6 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $3,829.54, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES,WHICH BECOME DUE DURING THE THIRTY(30)DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: Seterus,Inc. PO Box 11790 Newark,NJ 07101-4790 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender/servicer intends to exercise its rights to accelerate the mortgaje debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in regularly scheduled installments. If full payment of the total amount past due is not made within THIRTY (30)DAYS,the lender/servicer also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys,but you cure the delinquency before the lender/servicer begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00. However, if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender/servicer even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender/servicer,which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER/SERVICER REMEDIES--The lender may also sue you personally for the unpaid principal balance. and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE-- If you have not cured the default within the THIRTY(30)DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and M other costs connected with the Sheriffs Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five(5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. Page 5 of 6 HOW TO CONTACT THE LENDER/SERVICER: Name of Lender/Servicer: Seterus,Inc. Address:PO Box 2008 Grand Rapids,MI 49501-2008 Phone Number: 866.570.5277 Fax Number: 877.649.0743 Contact Person(s): Shannon Stock or Nathan Wetiel E-Mail Address: ExternalCommunications@seterus.com EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could_be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE--You_may or X may not sell or transfer your home to a buyer or transferee who will asuume the mortgage debt,provided that all the outstanding payments,charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER. • TO SEE PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Enclosed is a list of CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. Pale 6 of 6 seterus. Physical Address 14523 SW Millikan Way;Suite 200;Beaverton,OR 97005 Business Hours(Pacific Time) Monday-Thursday 5 a.m.to 8 p.m. Friday 5 a.m.to 6 p.m. Payments March 19, 2014 PO Box 11790;Newark,NJ 07101-4790 Correspondence VIA CERTIFIED AND FIRST CLASS MAIL PO Box 2008;Grand Rapids,MI 49501-2008 Phone 866.570.5277 Ll 78R Fax DAY,THERESA E 866.578.5277 235 W LISBURN RD Website MECHANICSBURG,PA 17055-5824 www.seterus.com Loan number:ameft serviced by Seterus,Inc. Please read the following important notice about your loan. If you receive or have received a discharge of this debt in a bankruptcy proceeding and the debt is not reaffirmed in the bankruptcy proceeding,you will not be personally responsible for the debt. However,the lien against the property securing this debt may remain on the property until the amount owing on the loan is paid. In addition,we may commence a foreclosure proceeding against the property that secures this loan. This notice of our intent to foreclose has no effect on your right to dispute the debt in writing as indicated in the debt validation letter we sent to you on February 19,2014. The Fair Debt Collection Practices Act does not require us to wait until the end of the 30-day validation period before attempting to collect this debt. If, however,you request proof of the debt or the name and address of the original creditor within the 30-day period upon your receipt of the debt validation letter,the law requires us to suspend our efforts to collect the debt until we mail the requested information to you. Sincerely, Seterus,Inc. Enclosures: Act 91 Notice,PHFA list of HEMAP-approved agencies,How to Avoid Foreclosure THIS COMMUNICATION IS FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR.WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.HOWEVER,IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT,THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT,BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO:FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COLORADOATTORNEYGENERAL.GOV/CA. Seterus,Inc.maintains a local office at 355 Union Boulevard,Suite 250,Lakewood,CO 80228.The office's phone number is 888.738.5576. NEW YORK CITY: 1331537, 1340663, 1340148. TENNESSEE: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.Seterus,Inc.is licensed to do business at 14523 SW Millikan Way,Beaverton,OR. Pae 3 of 6 Date: March 19, 2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and that the lender/servicer intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 800.342.2397. (Persons with impaired hearing can call 717.780.1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA,PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDINHR SU HIPOTECA. Page 2 of 6 HOMEOWNER'S NAME(S): DAY,THERESA E PROPERTY ADDRESS: 235 W LISBURN RD MECHANICSBURG,PA 17055-5824 LOAN ACCT.NO.: ORIGINAL LENDER: MORTGAGE NETWORK,INC. CURRENT LENDEIVSERVICER: Seterus,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE, W ICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act,you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the time of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a "face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33)DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE,YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this Notice,the lender/servicer may NOT take action against you for thirty(30)days after the date of this meeting. The names addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender/servicer immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE --Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default): You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so,you must fill out, sign, and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counselipg agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender/servicer from filing a foreclosure action,your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING,THEN THE LENDER/SERVICER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE,IN THE SECTION CALLED"TEMPORARY STAY OF FORECLOSURE." Page 3 of 6 YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER/SERVICER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE,THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60) days to make a decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. .sof,... NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up-to-date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender/servicer on your property located at: 235 W LISBURN RD MECHANICSBURG, PA 17055-5824 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE REGULAR MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments: January 1, 2014 through March 1,2014 in the amount of$1,260.38 each Total: $3,781.14 Past Due Installments: $3,781.14 Other Open Charges: Prior Servicer Charges Seterus,Inc. Charges Late Charges 33.40 0.00 33.40 Property Inspections 0.00 15.00 15.00 Total Past Due Installments&Charges $3,829.54 Less Suspense(Balance) 0.00 TOTAL AMOUNT PAST DUE $3,829.54 Page 4 of 6 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER,WHICH IS $3,829.54, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES,WHICH BECOME DUE DURING THE THIRTY(30)DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: Seterus,Inc. PO Box 11790 Newark,NJ 07101-4790 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30)DAYS of the date of tliis`Notice, the lender/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in regularly scheduled installments. If full payment of the total amount past due is not made within THIRTY (30)DAYS,the lender/servicer also intends to instruct its attorneys to start legal action to foreclose upon your mortizaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys,but you cure the delinquency before the lender/servicer begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00. However, if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender/servicer even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender/servicer,which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER/SERVICER REMEDIES--The lender may also sue-you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE-- If you have not cured the default within the THIRTY(30)DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due,plus any late or other charges then due,reasonable attorney's fees and costs connected with the foreclosure sale and M other costs connected with the Sheriffs Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course,the amount needed-to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. Paye 5 of 6 HOW TO CONTACT THE LENDER/SERVICER: Name of Lender/Servicer: Seterus,Inc. Address:PO Box 2008 Grand Rapids,MI 49501-2008 Phone Number: 866.570.5277 Fax Number: 877.649.0743 Contact Person(s): Shannon Stock or Nathan Wetzel E-Mail Address: ExternalCommunications@seterus.com EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove . you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE--You_may or X may not sell or transfer your home to a buyer or transferee who will asuume the mortgage debt,provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER. • TO SEE PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Enclosed is a list of CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. Page 6 of 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FLc D OF F I'v Sheriff O THE PR3THON i iAR''t ow of ciiirit,0 1r1d Jody S Smith . " ^ 2014 JUL 31 All 10: 38 Chief Deputy Richard W Stewart _@' CUMBERLAND COUNTY Solicitor OF Fs'C Of= WcSKRIF= PENNSYLVANIA Federal National Mortgage Association vs. Michael J. Day (et al.) Case Number 2014-3908 SHERIFF'S RETURN OF SERVICE 07/15/2014 03:22 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Michael J. Day at 235 W. Lisburn Road, Upper Allen, Mechanicsburg, PA 17055. DE IS FRY, I PUTY 07/18/2014 03:31 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Theresa E Day at 934 Allenview Drive, Upper Allen, Mechanicsburg, PA 17055. AllikVatt D NIS FRY, P PUTY SHERIFF COST: $89.20 SO ANSWERS, July 21, 2.014 tcj CountySuito Sheriff, Teleoso'i, Inc. RONNY R ANDERSON, SHERIFF MARTHA E. VON ROSENSTIEL, P.C. Heather Riloff, Esquire / I.D. No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") 3900 Wisconsin Avenue, NW Washington, DC 20016-2892 Plaintiff vs. ,71.sf FiCE C,'" THE r'i.-.0-11-10NOT,\R' 2114 SEP 22 PM 12: !":-.0 CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 14-3908 Civil Term MICHAEL J. DAY AND THERESA E. DAY : 934 Allenview Drive Mechanicsburg, PA 17055 Defendants PLAINTIFF'S MOTION TO REMOVE CASE FROM THE CUMBERLAND COUNTY RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM Plaintiff, Federal National Mortgage Association ("Fannie Mae") by and through its undersigned counsel, Martha E. Von Rosenstiel, P.C., Heather Riloff, Esquire, hereby respectfully requests that this Honorable Court enter an Order granting its Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, and in support thereof, avers as follows: 1. This matter has been assigned to the Honorable Kevin A. Hess, P.J. for matters concerning the Residential Mortgage Conciliation Program. 2. This is a residential mortgage foreclosure action. 3. On or about July 18, 2014, service of the Mortgage Foreclosure Complaint was completed in this action and the 60 day stay of proceedings went into effect pursuant to the February 28, 2012 Administrative Order. 4. As of September 18, 2014, more than 60 days after service of the Complaint and Notice, Plaintiff has not received notice of a Conciliation Conference date, nor a Diversion Program Financial Worksheet. 5. Neither Plaintiff nor its undersigned counsel has received any communication from a housing counselor on the Defendants' behalf. 6. Plaintiff respectfully requests that it be permitted to proceed with its foreclosure action. WHEREFORE, Plaintiff, Federal National Mortgage Association ("Fannie Mae"), respectfully requests this case be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program. MARTHA E. VON ROSENSTIEL, P.C. BY: Dated: September 18, 2014 Heather Riloff, Esqu PA Attorney ID No. Attorney for Plaintiff 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 MARTHA E. VON ROSENSTIEL, P.C. Heather Riloff, Esquire / I.D. No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") 3900 Wisconsin Avenue, NW Washington, DC 20016-2892 Plaintiff vs. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 14-3908 Civil Term MICHAEL J. DAY AND THERESA E. DAY : 934 Allenview Drive Mechanicsburg, PA 17055 Defendants CERTIFICATION OF SERVICE Heather Riloff, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, and proposed order in the above matter was made upon the Defendants: MICHAEL J. DAY AND THERESA E. DAY 934 Allenview Drive Mechanicsburg, PA 17055 And 235 W Lisburn Road Mechanicsburg, PA 17055 by regular fir A relating t class mail, postage prepaid, deposited with the United States Postal Service on . This verification is made subject to the penalties of 18 Pa.C.S. §4904 falsification to authorities. BY: Dated: September 18, 2014 Heather Riloff, Esquire Attorney for Plaintiff VERIFICATION HEATHER RILOFF, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action and that the statements made in the forgoing Motion to Remove Case from the Cumberland County Residential Mortgage Foreclosure Diversion Program, are true and correct to the best or her information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: Heather Riloff, Esquire Attorney for Plaintiff Date: September 18, 2014 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") 3900 Wisconsin Avenue, NW Washington, DC 20016-2892 Plaintiff vs. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 14-3908 Civil Tenn MICHAEL J. DAY AND THERESA E. DAY : 934 Allenview Drive Mechanicsburg, PA 17055 Defendants ORDER OF COURT C) —0 AND NOW, this 1/ day of Cy , 2014, the Defendants having failed to comply with the requirements of the Cumberland County Administrative Order dated February 28, 2012, it is hereby ORDERED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program. The temporary stay on this matter is terminated. BY THE COURT: 4 #34607CFJ-DN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -=1 FEDERAL NATIONAL MORTGAGE c=, ri-Ic3') II -- ASSOCIATION ("FANNIE MAE") -ti. cp i-----. zrn—, Plaintiff CD 1 -4 (D V. NO. 14-3908 Civil Term C) = MICHAEL J. DAY AND THERESA E. DAY —i• 7;- > --i r- Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Michael J. Day and Theresa E. Day for want of an answer. (X) Assess Damages as Follows Debt $ 185,575.68 Interest from 6/27/14 to 11/13/14 At $17.41 per diem $ 2,437.40 Total $ 188,013.08 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention Vfile this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least (10) days prior to theidate of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 MARTHA E. VON ROSENSTIEL, P.C. BY: rtha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Jeniece D. Davis, Esquire Attorneys for Plaintiff This 17° -day of NOV , 2014 :judgment is entered in favor of the Plaintiff and against Defendant(s), Michael J. Day and Theresa E. Day by default for want of an answer and damages assessed at the sum of $188,013.08 as per the above certijcati. Prothono a Cu' 4aalit104:35518036(0P4: TrI M01-1Ce IYO" MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff v. MICHAEL J. DAY AND THERESA E. DAY Defendants #34607CTD - MB COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 14-3908 Civil Term TO: Michael J. Day 235 W Lisburn Road Mechanicsburg, PA 17055 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 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, 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 MARTHA E. VON ROSENSTIEL, P.C. BY: Dated: 9/30/14 Martha E. Von Rosenst el, Heather Riloff, Esquire Attorneys for' Plaintiff uire MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff v. MICHAEL J. DAY AND THERESA E. DAY Defendants #34607CTD - MB COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 14-3908 Civil Term TO: Theresa E. Day 235 W Lisburn Road Mechanicsburg, PA 17055 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 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, 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 MARTHA E. VON ROSENSTIEL, P.C. BY: Dated: 9/30/14 Martha E. Von Ro Heather Riloff, Esq T ire Attorneys for Plaintiff iel, Esquire MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff v. MICHAEL J. DAY AND THERESA E. DAY Defendants #34607CTD - MB COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO: 14-3908 Civil Term TO: Theresa E. Day 934 Allenview Drive Mechanicsburg, PA 17055 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 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, 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 MARTHA E. VON ROSENSTIEL, P.C. BY: Dated: 9/30/14 Martha E. Von Ro Heather Riloff, Es Attorneys for Plainti etiel, Esquire e MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff vs. MICHAEL J. DAY AND THERESA E. DAY Defendant(S) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No: 14-3908 Civil Term #34607CFJ-DN NON MILITARY AFFIDAVIT Martha E. Von Rosenstiel, P.C. by the undersigned hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E. Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military. 6. On information and belief, named mortgagor(s) and real owner(s) is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Jeniece D. Davis, Esquire Attorneys for Plaintiff Dated: November 13, 2014 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Michael J. Day 934 Allenview Drive Mechanicsburg, PA17055 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") PLAINTIFF David D. Buell, Prothonotary : COURT OF COMMON PLEAS : CUMBERLAND COUNTY VS. MICHAEL J. DAY AND THERESA E. DAY : NO: 14-3908 CIVIL TERM 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 in the amount of $188,013.08 on November 13, 2014. X David D. Buell Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E. Von Rosenstiel, P.C. at this telephone number:610-328-2887. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Theresa E. Day 235 W Lisburn Road Mechanicsburg, PA 17055 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") PLAINTIFF David D. Buell, Prothonotary : COURT OF COMMON PLEAS : CUMBERLAND COUNTY VS. MICHAEL J. DAY AND THERESA E. DAY : NO: 14-3908 CIVIL TERM 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 in the amount of $188,013.08 on November 13, 2014. X David D. Buell Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E. Von Rosenstiel, P.C. at this telephone number:610-328-2887. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Michael J. Day 235 W Lisburn Road Mechanicsburg, PA 17055 FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") PLAINTIFF David D. Buell, Prothonotary : COURT OF COMMON PLEAS : CUMBERLAND COUNTY VS. MICHAEL J. DAY AND THERESA E. DAY : NO: 14-3908 CIVIL TERM 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 in the amount of $188,013.08 on November 13, 2014. X David D. Buell Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Martha E. Von Rosenstiel, P.C. at this telephone number:610-328-2887. 3 Commonwealth of Pennsylvania COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") v. MICHAEL J. DAY AND THERESA E. DAY 34607CWE-DN COURT OF COMMON PLEAS DOCKET NO. 14-3908 Civil Term ATTORNEY I.D. #52634 ATTORNEY T.D. #309906 ATTORNEY I.D. # 2087p.. Praecipe for Writ of Executionnir''i TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST from 11/14/2014 to 3/4/2015 At 6 % TOTAL* *Plus costs to be endorsed PREM: 235 W Lisburn Road, Mechanicsburg, PA 17055 Xr- $ 188,013.08 3,431.01 $ 191,444.09 MARTHA E. VON ROSENS TEL, P.C. BY: artha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Jeniece D. Davis, Esquire Attorneys for Plaintiff as. so po Krri eq. 103.15 &Br ti q.S5 Arr-f 4 ot c25 -611 CO ' 50L1 ei# 5vDto 3134(01 RE LO-i-kisAAEd MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff Federal National Mortgage Association ("Fannie Mae") 3900 Wisconsin Avenue, NW Washington DC 20016-2892 Plaintiff vs. Michael J. Day and Theresa E. Day 934 Allenview Drive Mechanicsburg, PA 17055 Defendants 'F;LE:J-OFFFCE OF THE PROTHONOTARY 2014 NOV 17 AM 11: 47 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLANDCOUNTY : No: 14-3908 Civil Term AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE Martha E. Von Rosenstiel, P.C. by the undersigned for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the last known addresses of the defendants are: I. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment: Michael J. Day 934 Allenview Drive Mechanicsburg, PA 17055 Theresa E. Day 934 Allenview Drive Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct 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. M THA E. VON ROSENST BY: , P.C. Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Jeniece D. Davis, Esquire Attorneys for Plaintiff MARTHA E). VON ROSENSTIEL, P.C. MarthaS. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff VS. #34607CAM DN : COURT OF COMMON PLEAS : CUMBERLAND COUNTY NO: 14-3908 CIVIL TERM MICHAEL J. DAY AND THERESA E. DAY : Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 F1LE0-0FF/CE: QF THE PRO THONO T. 2914,40V 17 At111: CUMBERLAND COUNTY PENNSYLVANIA Martha E. Von Rosenstiel, P.C. by the undersigned attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 235 W Lisburn Road, Mechanicsburg, PA 17055: 1. Name and address of owners(s) or reputed owner(s) Michael J. Day 934 Allenview Drive Mechanicsburg, PA 17055 Theresa E. Day 934 Allenview Drive Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Michael J. Day 934 Allenview Drive Mechanicsburg, PA 17055 Theresa E. Day 934 Allenview Drive Mechanicsburg, PA 17055 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 the last recorded holder of every mortgage of record: NONE If. 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Department of Revenue Inheritance Tax division, P.O. Box 280601 Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 PennVlvania Department of Revenue 3ureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Cumberland County Adult Probation 4 East Liberty Avenue Carlisle, PA 17013 Occupant 235 W Lisburn Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. Section 4904 relating to unsworn falsification to authorities. BY: THA E. VON ROSENS IEL, P.C. a a E. Von Rosenstiel, Esquire Heather Riloff, Esquire Jeniece D. Davis, Esquire Attorneys for Plaintiff Dated: November 11, 2014 r MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff. vs. r• i r' r w HOE r !LE -�1� OE THE FROTH-NOT/WI' 20111 NOV 17 AM I I:14 7 CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No: 14-3908 Civil Term MICHAEL J. DAY AND THERESA E.: DAY Defendant(s) 34607CAM-DN NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 235 W Lisburn Road Mechanicsburg, PA 17055 will be soldby the Sheriff of Cumberland County on Date of Sale: March 04, 2015 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 14-3908 Civil Term in the Court of Common Pleas of Cumberland County by Federal National Mortgage Association ("Fannie Mae"), Plaintiff against Michael J. Day and Theresa E. Day, Defendant(s). Judgment was entered on November 13, 2014 in the amount of $188,013.08. The property was seized and taken in execution as the property of Michael J. Day and Theresa E. Day. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, as set forth on a final Subdivision Plan for Kenneth Martin and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 51, Page 79, and more particularly described as follows: BEGINNING at a point at the dividing line between Lot No. 2 and Lot No. 1, said point being in the center of West Lisburn Road, L.R. 21013; thence by said center North 75 degrees 03 minutes 41 seconds East, a distance of 74.67 feet to a point; 'thence by same North 71 degrees 03 minutes 48 seconds East, a distance of 90.63 feet to a point at line of Lot No. 3; thence by same South 14 degrees 18 minutes 58 seconds East, a distance of 177.08 feet to a point at line of Lot No. 2; thence by sane South 75 degrees 41 minutes 02 seconds West, a distance of 165.00 feet to a point; thence by same North 14 degrees 18 minutes 58 seconds West, a distance of 168.96 feet to the Place of BEGINNING. BEING Lot No. 1 of the aforementioned Final Subdivision Plan and containing 28,313 square feet, more or less. ALSO, BEING known as 235 West Lisburn Road, Mechanicsburg, Pennsylvania. PARCEL IDENTIFICATION NO: 42-30-2112-021., CONTROL #: 42004254 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 14-3908 Civil Tenn. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of thefiling of the schedule. No further notice of the filing of the Schedule of Distribution will be given. Ronny R. Anderson, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire/ No. 208967 Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 34607CAM-DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE : COURT OF COMMON PLEAS ASSOCIATION ("FANNIE MAE") ' : CUMBERLAND COUNTY Plaintiff. vs. : No: 14-3908 Civil Term MICHAEL J. DAY AND THERESA E.: DAY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 235 W Lisburn Road Mechanicsburg, PA 17055 will be sold,by the Sheriff of Cumberland County on Date of Sale: March 04, 2015 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 14-3908 Civil Term in the Court of Common Pleas of Cumberland County by Federal National Mortgage Association ("Fannie Mae"), Plaintiff against Michael J. Day and Theresa E. Day, Defendant(s). Judgment was entered on November 13, 2014 in the amount of $188,013.08. The property was seized and taken in execution as the property of Michael J. Day and Theresa E. Day. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, as set forth on a final Subdivision Plan for Kenneth Martin and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 51, Page 79, and more particularly described as follows: BEGINNING at a point at the dividing line between Lot No. 2 and Lot No. 1, said point being in the center of West Lisburn Road, L.R. 21013; thence by said center North 75 degrees 03 minutes 41 seconds East, a distance of 74.67 feet to a point; thence by same North 71 degrees 03 minutes 48 seconds East, a distance of 90.63 feet to a point at line of Lot No. 3; thence by same South 14 degrees 18 minutes 58 seconds East, a distance of 177.08 feet to a point at line of Lot No. 2; thence by same South 75 degrees 41 minutes 02 seconds West, a distance of 165.00 feet to a point; thence by same North 14 degrees 18 minutes 58 seconds West, a distance of 168.96 feet to the Place of BEGINNING. BEING Lot No. 1 of the aforementioned Final Subdivision Plan and containing 28,313 square feet, more or less. ALSO, BEING known as 235 West Lisburn,Road, Mechanicsburg, Pennsylvania. PARCEL; IDENTIFICATION NO: 42-30-2112-021., CONTROL #: 42004254 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 14-3908 Civil Term. You should check with the Sheriff's. Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. Ronny R. Anderson, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire/ No. 208967 Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 #34607 -DN MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff VS. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 14-3908 CIVIL TERM MICHAEL J. DAY AND THERESA E. DAY : Defendant(s) LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, as set forth on a final Subdivision Plan for Kenneth Martin and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 51, Page 79, and more particularly described as follows: BEGINNING at a point at the dividing line between Lot No. 2 and Lot No. 1, said point being in the center of West Lisburn Road, L.R. 21013; thence by said center North 75 degrees 03 minutes 41 seconds East, a distance of 74.67 feet to a point; thence by same North 71 degrees 03 minutes 48 seconds East, a distance of 90.63 feet to a point at line of Lot No. 3; thence by same South 14 degrees 18 minutes 58 seconds East, a distance of 177.08 feet to a point at line of Lot No. 2; thence by same South 75 degrees 41 minutes 02 seconds West, a distance of 165.00 feet to a point; thence by same North 14 degrees 18 minutes 58 seconds West, a distance of 168.96 feet to the Place of BEGINNING. BEING Lot No. 1 of the aforementioned Final Subdivision Plan and containing 28,313 square feet, more or less. ALSO, BEING known as 235 West Lisburn Road, Mechanicsburg, Pennsylvania. PARCEL IDENTIFICATION NO: 42-30-2112-021., CONTROL #: 42004254 IMPROVEMENTS: Residential dwelling TITLE TO SAID PREMISES IS VESTED IN Michael J. Day and Theresa E. Day, h/w, by Deed from Ray R. Wherley and Amy B. Wherley, h/w, dated 06/16/1994, recorded 06/16/1994 in Book 107, Page 4. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Vs. NO 14-3908 Civil Term CIVIL ACTION — LAW MICHAEL J. DAY and THERESA E. DAY WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal andreal property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $188,013.08 L.L.: $ .50 Interest from 11/14/2014 to 3/4/2015 @ 6% -- $3,431.01 Atty's Comm: Atty Paid: $ 237.95 Plaintiff Paid: Date: 11/17/14 Due Prothy: $ 2.25 Other Costs: David D. Buell, Prothonotary B REQUESTING PARTY: Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: MARTHA E. VON ROSENSTIEL, PC 649 SOUTH AVENUE, SUITE 7 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Deputy MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff VS. #34607CAM - DN PE-1;'':SYLV �a ��dr , : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO: 14-3908 CIVIL TERM MICHAEL J. DAY AND THERESA E. DAY : Defendant(s) AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel, P.C. by the undersigned for the Plaintiff in the above action, hereby verifies that on '' G� / ✓0 / , true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C Section 4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENSTIEL, P.C. ! rtha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Jeniece D. Davis, Esquire Attorneys for Plaintiff For Accountable Mall Name and MARTHA E. VON ROSENSTIEL, P.C. Address Attorney At Law of 649 South Avenue, Unit 7 Sender Secane, PA. 19018 34607 BP Indicate type of mail ----```--a' 0 Registered 0 Return Receipt for Merchandise 0 Insured 0 COD 0 Inn Recorded Del. 0 Certified 0 Express Mail Check appropriate block for Registered Mail: 0 With Postal Insurance 0 Without Postal Insurance Affix stamp here if issued as certified of mailing or fo Pips?, additional cosies of till. T'1%, r 14 +" - : 14aw =2,071.,,---;---------„' s'- 4Fi�s F; t�ofReceipf-'�z7=xry- , 7=7 Y h,,,,,,,,, ' e"v" PITNEY BOWES t'' 0.4 I.*:;:' s 02 1 P -�:n ..., :, f 4 t�-'' "- , 713:2_F $ 005 .170 3 � 0V •-,-I , .. 4 Lin e Article Number . MAILED FROM 'e'§7 @61EF1?@01 8 Name of Addresses, Street, and Post Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Send er If COD R. R. Fee S. D. Fee S. H. Fee Remarks 1 1 of 2 Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA. 17013 .48 2 Cumberland Register of Wills County Courthouse Carlisle, PA. 17013 .48 3 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC. 20044 .48 4 PA Department of Revenue Inheritance Tax Division, P.O. Box 280601 Harrisburg, PA 17128 .48 5 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA. 17013 .48 6 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 .48 Department of Public Welfare P.O. Box 2675 Harrisburg, PA. 17105 .48 7 Occupants/Tenants 235 W Lisburn Road Mechanicsburg, PA 17055 .48 g PA. Department of Revenue Bureau of Individual Taxes P.O. Box 280603 Harrisburg, PA. 17128 .48 c,.: y ppzT N ' 9 �� 10 Cumberland County Adult Probation 4 East Liberty Avenue Carlisle, PA 17013 .48 ' 4\ r- k m � 1 11 Michael J. Day 235 W Lisburn Road Mechanicsburg, PA 17055 .48 cA - Total Number of Pieces Listed by Sender 11 Total Number of Pieces Received at Post Office Postm- . al"; r (N- a of Receivi • p1 Dy.-) / For Accountable Mall Name and MARTHA E. VON ROSENSTIEL, P.C. Address Attorney At Law of 649 South Avenue, Unit 7 Sender Secane, PA. 19018 34607 ' Indicate type of mail 0 Registered 0 Return Receipt for Merchandise ❑Insured 0 COD 0 Intl Recorded Del. ❑Certified 0 Express Mail Check appropriate block for Registered Mail: ❑With Postal Insurance 0 Without Postal Insurance Affix stamp here if r .. ilj g ap s e Bate r,, y c a' issvras—uSt o Tor -- -and , of Receipt 02 1P 0001738253 MAILED �, �� -..—^ ^'PITNEY BOWES $®ry 1 .41° 70 bb NOV 21 2014 FROM ZIP CODE 1 901 8 Lin e Article Number Name of Addresses, Street, and Post Office Address Posta a g Fee Handling Charge Act. Value (If Regis.) Insured Value Due Send er If COD R. R. Fee S. D. Fee S. H. Fee Rest Del. Fee Remarks 1 2 of 2 Michael J. Day 934 Allenview Drive Mechanicsburg, PA 17055 .48 2 Theresa E. Day 235 W Lisburn Road Mechanicsburg, PA 17055 .48 3 Theresa E. Day 934 Allenview Drive Mechanicsburg, PA 17055 .48 4 .48 5 .48 6 .48 7 .48 8 • .48 9 .48 10 .48 11 .48 'e.� p1 POST el \� Total Listed .3 Number of Pieces by Sender Total Number of Pieces Received a Post Offic Postmaster, Per (Name of i ,Adi Receiving : c:• oye •B1 1 " d v �L ='' o- �� � . P,r m Q, o r N a- U - US:. Postal. Service!". CERTIFIED MAIL® RECEIPT Domestic.Mail'•Onlyr. t. For delivery information; visit ,ourwebsite'at-www.usps.com®.` r r •u AL .S S E m• 0 Return Receipt Fee 0 (Endorsement Required) C] Postage Certified Fee Restricted Delivery Fee p (Endorsement Required) rU ' r-1 O Total Postage & Fees $3.30 $2.70 s� 2014 NE, PA Sent T Street Aresct Dn or. PO Box No. �3� Ai18nv,Lu, Dr; �� Ci , St= te, Z!Pt4 V' .l a ¶PS form 3800; July 2014 - r. !A t'ff i See Re4erroJcOr uct,ons . ?Von We 2120 0003 99T? r t] U.S. Postal Servicer'" CERTIFIED MAIL°- RECEIPT: Domestic Mail Only. For delivery information; visit our website at www..usps.com®.. if J. SAL S. Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees treet & Apt. No., or PO Box No. t n ,4,Ile4ViewDP/v('i C Sfa e,Z/P+4 rA 17osr ctnicS, t>r fl 3 pi 1-8P {PS Form 3800; July 2014, See Reverse for Inst t cdon r co -El r - IT' ET' rn CI Return Receipt Fee (Endorsement Required) U.S. Postal, Service' CERTIFIED MAIL? RECEIPT Domestic Mail Only' • . ' For delivery information, visit our website -at www.usps.corn't. Postage Certified Fee Restricted Delivery Fee C3 (Endorsement Required). E1-1 rl Total Postage & Fees r -R CI N ru N r1 -13 r- r - Er 0- mCIa 7014 2120 San To P. D r a Apt. ro fri, or PO Box No. 6 ./ L. 4 Porn • , Slat ,.ZIP+4 'PS Form 3800, July 2014 'A 3 19,1 / e See R•31!.11):2,4,,f;r,Insinv,:ths U.S. Postal Service'. CERTIFIED MAIL® RECEIPT . Domestic Mail Only ' For delivery information, visit our website at www.usps.aom6: vtra 0!!!' Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endersement Required) Total Postage & Fees $0. 0218 fr 1.1.40 $0 n To !Li" tit 677. DAY - orPOBoycNo. Sireet&M:nla ,223.4 w tis1,1,4t n Sta., Z1P+$ tshr€4 it4t. 'PS Form 3800, July 2014See Fevat's:., MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 Jeniece D. Davis, Esquire / No. 208967 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE") Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY VS. MICHAEL J. DAY AND THERESA E. DAY : NO: 14-3908 CIVIL TERM Defendant(s) #34607CAM - CS SUPPLEMENTAL AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 Martha E. Von Rosenstiel, Esquire, attorney for the Plaintiff in the above action, hereby verifies that on I±i , true and correct copies of the Notice of Sheriff s Sale were served upon recorded lienholders and any known interested parties listed below by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct 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. MARTHA E. VON ROSENSTIEL, P.C. BY: Dated: January 06, 2015 Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Jeniece D. Davis, Esquire Attorneys for Plaintiff MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 649 SOUTH AVENUE, UNIT 7 SECANE, PA 19018 Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Jeniece D. Davis, Esquire January 06, 2015 Prothonotary Court of Common Pleas of Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 RE: Michael J. Day and Theresa E. Day 235 W Lisburn Road Mechanicsburg, PA 17055 Our File# 34607 CCP 14-3908 Civil Term Dear Sir or Madam: Phone (610) 328-2887 Fax (610) 328-2649 Enclosed please find a Supplemental Affidavit of Service Pursuant,to Rule 3129.1 in the above matter, which I would like to have filed with the Court. I have also enclosed extra copies of the document and I would appreciate it if you would time stamp a copy, and return it to me in the enclosed envelope for my files, and forward a copy along to the sheriff for their records. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to call. Sincerely yours, al/ Pats - Bill Pitts Legal Assistant U.S, POSTAL SERVICE CERTIFICATE OF MAILING ,0'1 MAY BE 11SED FOR DOMESTIC AND INTERNATIONAL MAIL. Ds, NO PROVIDE FOR INSIIRANCE—POSTMASTER _:�r� ,. ii-cre'iwd1 ihm: 1'•' : MARTHA VON ROSEN } . 649 SOUTH A V EMAILED UNIT? SECANE, PA 19018 Onc piccc of orrlciary rriail eddresscd lc: 02 1P 00017,! fl 100 66 Hyir f i' k`& ieG �0�64 bUr� 09A /./7,5--6 I PS Form 3817, Mar.19E9 qc0O-7 vI -5 virr61 fR>, fcc hcrt in±ramps cicr poster end tev `Rv�1�� yrcro 001.30° Ice 253 J A N 00 2015 OM ZIP CODE 19018 � � ;#9 PLAINTIFF: Federal National Mortgage Association ("Fannie Mae") DEFENDANT Michael J. Day and Theresa E. Day SERVE UPON: Theresa E. Day 934 Alienview Drive Mechanicsburg, PA 17055 AFFIDAVIT OF SERVICE COURT OF COMMON PLEAS Cumberland COUNTY COURT NO. 14.3908 Civil Term TYPE OF ACTION (X Notice of Sheriff's Sale SPECIAL INSTRUCTIONS: please serve defendant personally Sheriffs Sale Date 314/2015 or adult in charge of premises r,r ! 'tom � s!L� 34607 -DN 2 Pr 1 3: 19 PrIMSYLVANIA SERVED �r �' '" Served and made known to /ME SA E. i) Defendant, on the 5' day of �crfn , 20f4., at 7:r0 o'clock, p . M., at x%34. kaLEik It DE) mge 4cta,Qir , Commonwealth of Pennsylvania, its the manner described below: Defendant personally served.Manager/Clerk of place of lodging in which Defendant resides. Agent or person in charge of Defendant's office or usual place of business. Other V Adult family member with whom Defendant resides. Relationship is DA1(6 Me. Adult in charge of Defendant's residence who refused to give name/relationship. Description: Age r%0 S Height 5 r4 Weight I3 S Race I Ronald Molt to t -A t_y 1),'4-1 . the date and at the address Indicated above. Sworn to and subscribepi before me this 5 day of 'b -20_¢_, Notary: NOT SERVE IN Sex F Other . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale issued in the captioned case on By: On the day of -' `J , 20_ at Moved Unknown KIMBERLY CURTY NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 07, 2018 o'clock _ M., Defendant NOT FOUND because: No Answer Vacant Time of Attempt: Date of Attempt: Result: Sworn to and subscribed before me this day of 200_ Notary: By: ATTORNEY Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887