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HomeMy WebLinkAbout14-5337 Supreme Court-of Pennsylvania Courm Pleas lr�4Co whonotary Vse Onfr For P� 61 ii'c over.Sheet Docket No: Cu-mberlaiid County L 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 papers as required by law or rules of court. Commencement of Action: X Complaint 0 Writ of Summons 0 Petition S 0 Transfer from another Jurisdiction 0 Declaration of Taking E Lead Plaintiff Name: Lead Defendant's Name: LSF8 MASTER PARTICIPATION TRUST DANIEL G.POTH C JANE M.DOTH T I Dollar Amount Requested within arbitration limits 0 Are money Damages requested?: 0 Yes No (Check one) X outside arbitration limits N_ Is this a Class Action Suit? 0 Yes NO Is this an MDJ Appeal? 0 Yes NO AI Name of Plairitifflappellant's Attorney: KML Law Group,P.C. 0 Check here if you are a Self-Represented(Pro_Se)Litigant Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEAL 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation S 0 Premises Liability 0 Zoning Board 0 Product Liability (does not include El Employment dispute: 0 Statutory Appeal: Other E mass fort) Discrimination C 0 Slander/Libel Defamation 0 Other 0 Employment Dispute: Other T 0 Other: 0 MASS TORT 0 Other 0 Asbestos N 0 Tobacco • Toxic Tort-DES REAL PROPERTY MISCELLANEOUS • Toxic Tort-Implant 0 Ejectment 0 Common Law/Statutory 0 Toxic Waste 0 Eminent Domain/Condemnation Arbitration B 0 Other 0 Ground Rent 0 Declaratory Judgment 0 Landlord/Tenant Dispute 0 Mandamus XMortgage Foreclosure:Residential 0 Non-Domestic Relations PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial Restraining Order 0 Dental 0 Partition 0 Quo Warranto 0 Legal 0 Quiet title 0 Replevin 0 Medical © Other 0 Other 0 Other Professional: PaR.CP. 205.5 Updated 11112011 KML LAW GROUP,P.C. F!L SUITE 5000-BNYMELLONINDEPENDENCE CENTER F' '�'��4 int �Gii� 701 MARKET STREET PHILADELPHIA,PA 19106 { SEP �+ ' r ' (866)413-2311 1 f LSF8 MASTER PARTICIPATION TRUST ''!DC ��,;Np, CQLy COURT OF COMMON PLEAS 13801 Wireless Way " (1_iVri 1 Oklahoma City,OK 73134 OF Cumberland COUNTY Plaintiff CIVIL ACTION-LAW vs. DANIEL G.POTH JANE M.POTH ACTION OF MORTGAGE FORECLOSURE Mortgagor(s)and Record Owner(s) yy S 337 �v� 437 Shippensburg Road CIVX A ON;MORTGAGE Newville,PA 17241 FOWLOSM Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes,usted tiene veinte (20) dias de plazo at partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVF ESTA DEMANDA A UN A130GADO TMMEDTATAMENTE, Sl NO TTF,NE ABOGADO O Sl NO TIENE EL Op CINA CUYA DIRECC ON SE ENCUENTRA ESCRITA ABAJO PARAVAYA EN PERSONA 0 AME POR TELEFONO AA LASERVICO (a) LA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. l a775-?d0 l ► ' ,l o R 3 SI USTED NO PUEDE PAGARLE A U�EDBN�FREOCER SERV C OS LEGAL A PERSONAS INFORMACION ACERCA AGENCIAS QUE P ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle,PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender(and our client)has filed an Action of Mortgage Foreclosure against you,you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default.Please See the PHFA website hltp://www.phfa.org/consumers/homeowners/real.aWx. 5). Call the Plaintiff(your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http•//www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout/Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentiongjgntlawgroup.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 12906617C. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is LSF8 MASTER PARTICIPATION TRUST, 13801 Wireless Way,Oklahoma City, OK 73134. 2. The name(s) and address(es)of the Defendant(s) is/are DANIEL G. POTH and JANE M POTH,437 Shippensburg Road,Newville,PA 17241 who is/are the mortgagor(s)and record owner(s) of the mortgaged premises hereinafter described. 3. On November 12, 2005 mortgagor(s)made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR FIDELITY OF PENNSYLVANIA MORTGAGE INC.,which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on November 22,2005 as Book 1931 Page 4170.The mortgage has been assigned to: LSF8 MASTER PARTICIPATION TRUST by assignment of Mortgage recorded on April 04,2014 as Document#201406825. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g);which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A"("Property") 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for May 01, 2010 and each month thereafter and by the terms of the Mortgage,upon default in such payments for a period of one month or more,the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: I Principal Balance................................................................................. .$109,116.98 Interest from 04/01/2010 through 09/01/2014 at 8.9900%.....................$43,325.91 Per Diem interest rate at$27.25 59.00 ExtensionInterest.......... ............................................... $10,7 Late Charges ...................................$2,650.09 Escrow...................... ..................................................................$12,760.89 Property Inspection........................................... .....................................$810.00 ...............$400.00 Appraisal/BPO.............................................................................. FCLTitle Fees.............................................................................................$450.00 LMT Title Search............. $325.00 .........................................................................$1650.00 _ Reasonable Attorney's Fee........................................................... $182,247.87 7. If the Mortgage is reinstated prior to a Sheriff s Sale,the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the-action results in fees in excess of the amount demanded. Further,Plaintiff will request recovery of all costs incurred in this action including,but not limited to, costs of suit,process serving and skip tracing,title searches,recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. i 8. Plaintiff is not seeking a judgment of personal liability(or an"in person am"judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge.of their personal liability in a Bankruptcy proceeding,this Action of Mortgage Foreclosure is,in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy,but only to foreclose the Mortgage and sell the Property I' pursuant to Pennsylvania law. !' 9. Plaintiff sent Defendants the notice as required by 35 P.S. Section 1680.401 et. seq. (Act 91 of 1983)or by 41 P.S. Section 403 (Act 6 of 1974)or as required by the Mortgage ("Notice"). A true and correct copy of the Notice is attached and incorporated as Exhibit"B". WHEREFORE,Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of$182,247.87, together with interest at the rate of$27.25,per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: KML LAW GROUP P. Michael McKee er a. ID 56129 Jay E. Kivitz Pa. ID 6769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua 1. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff i I i i . I VERIFICATION I Melinda Girardeau as the representative of Caliber Home Loans, Inc., servicer for the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of Caliber Home Loans, Inc., servicer for the Plaintiff I corporation and the facts set forth in the foregoing Complaint are true and correct to the best of f I my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. /� I Date: AuauS gTO i�-' LSF8 MASTER PARTICIPATION TRUST, BY CALIBER HOME LOANS, INC.,SOLELY IN ITS CAPACITY AS SERVICER I I #129066FC-DANIEL G.POTH and JANE M.POTH 437 Shippensburg Road Newville,PA 17241 i i I Eyhibit A s i THOSE TWO TRACTS OR PARCELS OF LAND AND PREMIUM,SITUATE,LYING AND BEING IN THE TOWNSHM OF NORTH NEWTON IN THE COUNTY 01,CUMBERLAND AND CGh04ONWEALTH OF PENNSYLVANIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT NO,1! EltGRR4NG AT A POINT IN TIB?CENTER OF PENNSYLVANIA STATE MGRWAY ROUTE 533,WHICH POINT IS TIM NORTHWESTEM CORNER OF LOT No'9 AS SHOWN ON THE REINAFCBR.MENTIONED PLAN OF LOTS;THENCE SOUTH 43 DEGREES 8 MINUTES FAST ALONG THE **STERN LRiE OF SAID TAT NO.9 A DISTANCE OF 240 F13PT TO A POINT;THENCE SOUTH 44 DEGREES �5 MINUTES WEST,A DISTANCE OF 91 FEET TO A POINT ON THE EASTERN LINE OF A 25 FOOT FARM T.ANE;THENCE]NORTH 39 DE GREBS 25 MINUTES WPST ALONG THE EASTERN LINE OF SAID FARM LANG,A DISTANCE OF 200A FEET TO A POINT IN TIW CENTER OF SAID PENNSYLVANIA STATE- juciRWAY ROUTE NO,533;THENCE ALONG TfM CENTER LINE OF SAID PENNSYLVANIA STATE 117GHWAY ROUTE NO,533.NORTH 44 DEGkEES 35 MM TIES EAST,A DISTANCE OF 77.3 FEET TO A POINT,THE PLACE OF BEGINNING. QCT NO 2:BEGINNING AT A POINT IN THE CENTER OF PENNSYLVANIA STATE HIGHWAY ROUTE NO.533,WHICH POINT IS THE NORTHEASTERN CORNER OF LOT NO.10(TRACT NO.I ABOVE DESCRIBED),AS SHOWN ON TIIE HEREINAFm MENTIONED PLAN OF LOTS;THENCE SOUTH 43 DEGREES 8 MINMS EAST,A DISTANCB OF 200 PUT TO A POINT;THENCE 44 DEGREES 35 MINUTES )SAST,A DISTANCE OF 100 IST TO A POINT,THE SOUTHWEST CORNER OF LOT NO,8;THENCE NORTH :43DEGREED 8 MINUTES WEST ALONG THE WESTERN LINE OF LOT 140.8,A DISTANCE OF 200 FEET TO .A POINT IN TIE CENTER OF SAID PENNSYLVANIA STAIN HIGITWAY ROUTE POINT IN THE CENTER OF .SAID PENNSYLVANIA STATE HIGHWAY ROUTE NO.533;THENCE ALONG THE CENTER LINE OF SAID =STATE HIGHWAY,SOUTH 44 DEGREES 35 URaMS WEST,A WTANCE OF 100 FaT TO A POINT,THE :PLACE OF BEGINNING. yPARCEL#30-08-0593-090 I fy z E 1 4 to be Loco rded I Certi In&T bWjaud Count�A F C I(Et r Y FLecorder of Deeds _ f F F f f 1 f r i .4 93.1 PG 4 1.8 7 Ey�,hibit B *Exhibit has been redacted to remove allpersonally identifiable information or non-public information CAL B , "" O.Q. Box , QklOklahomaCftyCity,OK 731244690 HOME LOANS October 21, 2013 DANIEL G POTH 437 SHIPPENSBURG RD NEWVILLE PA 17241-0123 Please See Attached Notice Notice to Consumers presently in Bankruptcy or who have a Bankruptcy Discharge: if you are a debtor presently subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy Court, this communication is not an attempt to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obligations. THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A CONSUMER DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7:50 Mailing Certified prim 20130508rev Date: 10/21/13 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM� FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose, Specific information about the nature of the default Is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM(HEMAP) may be able to help to sage 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 greet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call(717) 780-9869). 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 NOTIFICAa6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES A "ECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. St NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI()N OBTENGA UNA TRADUCCI6N INMEDITAMENTE 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 1HPOTECA. HOMEOWNERS NAME(S): DANIEL G POTH .JANE M POTH PROPERTY ADDRESS: 437 SHIPPENSBURG RD NEMILLE PA 17241-9123 LOAN ACCT. No.: 938 CURRENT LENDER: U.S. Bank Trust, N.A. as trustee for LSF8 Master Participation Trust CURRENT SERVICER: Caliber Home Loans, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing), During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE"(33) GAYS OF THE DATE OF THIS NOTICE: IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO BATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE LIP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES if you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty(30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting.Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so; you must fill out, sign and file a completed Homeowner's Emergency 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 step the lender 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 BAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE' YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFFS SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emeigency 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.) NOTE., IF YOU ARE CURRENTLY PROTECTED BY THE FILING OFA 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 tip to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at 437 SHIPPENSBURG RD NEWVILLE PA 17241-9123 IS SERIOUSLY IN DEFA UL T because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:42 months for$ 51,770,04. Other charges (explainliternize): Late Charges: $ 2,465.20 Other Charges: $ . 1,836.50 Escrow: $ 10,259.34 Lender Placed Ins[Taxes: $ 0.00 TOTAL AMOUNT PAST DUE. $ 66,331.08 HOW TO CURE THE DEFAULT --You may cum the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 66,331.08, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashiers check, certified check or money order made payable and sent to: Caliber Home Loans, Inc. P.0 Box 24610 Oklahoma City, OK 73124 Attn: Kawanna Coppage IF YOU DO NOT CURE THE DEFAULT--1f you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered Clue immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cum the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-- The lender may also sue,you personally for the unpaid principal balance and all other sums clue under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALE-- If you have not cured the default within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perforating any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE— It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 10 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. HOW TO CONTACT THE LENDER. Name of Lender. U.S. Bank Trust, N.A. as trustee for LSF8 Master participation Trust Name of Servicer; ' Caliber Home Loans, Inc. Address; P.O. Box 24610 Oklahoma City, OK 73124 Phone Number. 1 -800-621 -1437 Fax Number. 1 -405- 608 -2018 Contact Person: Kawanna Coppage E-Mail Address: . kawanna.co a caliberhomeloans.com EFFECT OF SHERIFFS SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or X may not sell or transfer your home to a buyer or _ transferee who will assume the mortgage debt, ,provided. that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the 'mortgage are satisfied. Y10"U MA Y A L S 0 NAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. " TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Please see the attached list of consumer credit counseling agencies serving your county. 7,50 Mailing Certified prim 20130508rev t Comprehensive Reusing F N *f'WW41A u i i r " � Counseling Agencies Agenclas de Consejo al Cliente para Vivienda Cumberland Count `CCCS of Western PA•York 55 Clover Hill Road Dallastown PA 17313 888.511.2227 1888411.2227 www.cccsRa.org Community Action Commission-Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 cactdCou*oM Harrisburg Fair Housing Council 2100 N 6th St Harrisburg PA 17110 717.238.9540 Housing&Redevelopment Authority-Cumberland Cnty 114 N Hanover St;STE 104 Carlisle PA 17013 866.683.5907/717.24U789 www.cchra.com Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 www ruraiisc org/patt�stone na htm Pennsylvania Interfaith Community Programs,Inc. 40 E High St Gettysburg PA 17325 717.334.1518 y�ryvw adamscha orc� ___M_- ._m__. .m.___„._ NOTE Many of the agencies offer workshops at various location dies,call to find a location near you. ., _ Report last updated:4!30/2012 9:03:04 AM � _.,�._..,__. _. _,.....,.. Page 1 of 1 CALIBER P.O. Box 24610 HOME LOAN S Oklahoma City, OK 73124-0610 October 21, 2013 JANE M POTH 437 SHIPPENSBURG RD NEWVILL.E PA 17241-9123 Please See Attached Notice Notice to Consumers presently in Bankruptcy or who have a Bankruptcy Discharge: if you are a debtor presently subject to a proceeding in Bankruptcy Court, or if you have previously been discharged from this debt by a Federal Bankruptcy Court, this communication is not an attempt to collect a debt but is sent for informational purposes only or to satisfy certain Federal or State legal obligations. THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A CONSUMER DEBT AND ANY INFORMATION OBTAINED WILL. BE USED FOR THAT PURPOSE. 7:50 Mailing Certified sec 20130508rev Date: 10/21/13 ACS' 91 NOTICE TAKE ACTION TC SAVE YOUR HOME FROM- FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENC Y MORTGA GE 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 1-800-342-2397. (Persons with impaired hearing can call(717)780-186.9). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be abbe 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 NOTIFICAci6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA, SU DERECHO A CONTINUAR 'VIVIENDO EN SU CASA. SI NO COMPRENDE EL iCONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCIt`}N INMEDITAMENT:E LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL HUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL'VAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IHIPOTECA. 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 tender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However; if legal proceedings are started against you, you will have to pay aft reasonable attorney's fees actually incurred by the lender every if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs.. If you cure the default within the THIRTY(30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES— The lender may also sue you personally for the unpaid principal balance and alt other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- If you have not cured the default within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other changes then due, reasonable attomey's fees and costs connected with the foreclosure sale and any other casts connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 10 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender. U.S. Bank Trust, N.A. as trustee for LSF8 Master Participation Trust Name of Servicer: Caliber Home Loans, Inc. Address: P.O. Box 24610 Oklahoma City, OK 73124 Phone Number. 1 -800 -621 - 1437 Fax Number: 1 -405-608 -2018 Contact Person: Kawanna Coppage Mail Address: kawanna.coppage@caliberhomeloans.com EFFECT OF SHERIFFS 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 at any time. ASSUMPTION OF MORTGAGE-- You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Yt?t1 MAYALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEED PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Please see the attached list of consumer credit counseling agencies serving your county. 7:50 Mailing Certified sec 20130508rev Comprehensive Housing P�hQt�S�iVfiN�X N�"}t15�!"i'Ca"�eht��} Psxr �` Counseling Agencies Agencias de Consejo al Cliente para Vivienda ....111-1-1-11.1 .......... _......_ _.__........._---- .............._.._.._ Cumberland Count "CCCS of Western PA-York 55 Clover Hill Road Dallastown PA 17313 888.511.2227/888.511.2227 www.occsoa.ora Community Action Commission-Capital Region 1514 perry St Harrisburg PA 17104 717.232.9757 gartricounty oru Harrisburg Fair Housing Council 2100 N 6th St Harrisburg PA 17110 717.238.9540 Housing&Redevelopment Authority-Cumberland Cnty 114 N Hanover St,STE 104 Cadisle PA 17013 $66.683,5907 1717.249,6789 www.c hhra.com Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 www rurallsc ora/oaths.ope pa,htm Pennsylvania Interfaith Community Programs,Inc. 40 E High St Gettysburg PA 17325 717.334,1518 www.adamsc ha.om NOTE:Many of the agencies offer workshops at various location sites;call to find a location near you Page 1 of 1 eport last updated:4t30t2012 9;03:04 AIN R HOMEOWNER'S NAME(S): DANIEL G POTH JANE M DOTH PROPERTY ADDRESS: 437 SHIPPENSBURG RD NEVVVILLE PA 17241-9123 LOAN ACCT. NO.: WOM938 articipation Trust CURRENT LENDER: U.S. Bank Trust, N.A. as trustee for LSF8 Master P CURRENT SERVICER: Caliber Home Loans, 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 HOMEOWNERS 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 PENNSYLVANIA IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT") EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If You meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty(30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is Only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You Dave the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must Fiji out, sign and file a completed Homeowner's Emergency 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 from filing a I foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your lace-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 MTHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH pHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY; AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS, A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.. NOTE: IF YOU ARE CURRENTLY PROTECTED By THE FILING OF A PETITION IN BANKRUPTCY, THE I 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,} 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. (it you have filed bankruptcy you can still apply.for Emergency Mortgage Assistance.) HOW To CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 437 SHIPPENSBURG RD NEWVILLE PA 17241-9123 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:42 months for$ 51,770.04. Other charges (explainlitemize): Late Charges: $ 2,465.20 Other Charges: $ 1,836.50 Escrow: $ 10,259.34 Lender Placed Ins/Taxes: $ 0.00 TOTAL AMOUNT PAST DUE., $ 66,331.08 HOW TO CURE THE DEFAULT —You may cure the default within 'THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 66,331-06, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashiers check, certified check or money order made payable and sent to: Caliber Home Loans, Inc. P.0 Box 24610 Oklahoma City, OK 73124 Attn: Kawanna Coppage Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY � THE paTHONG r,v^> mpiCir, OFrPE„ $irER1Fp ��\bO�T—| PM 2:q7 =..~~. X rCOUNTY CUMBERLAND PENNSYLVANIA LSF8 Master ParticipatioTrust vs. Daniel G. Poth (et al.) Case Number 2014-5337 SHERIFF'S RETURN OF SERVICE 09/22/2014 07:55 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Daniel G. Poth at 437 Shippensburg Road, North Newton Township, Newville, PA 7241. UTSelq5EPUTY 0022/2014 07:55 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Daniel Poth, Husband, who accepted as "Adult Person in Charge" for Jane M. Poth at 437 Shippensburg Road, North Newton Tmwnship, NewvUe, PA 17241. GUT ~ALL DEPUTY SHERIFF COST: $57.56 SO ANSWERS, September 23.2O14 RONNYRANDERSON, SHERIFF In the Court of Common Pleas of Cumberland County LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way Oklahoma City, OK 73134 vs. DANIEL G. POTH JANE M. POTH (Mortgagor(s) and Record Owner(s)) 437 Shippensburg Road Newville, PA 17241 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 14 -5337 -civil N 3 -0 3 cr. rn 01 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against DANIEL G. POTH and JANE M. POTH by default for want of an Answer. Assess damages as follows: Debt Interest from 12/25/2014 to Date of Sale per diem at $27.25 Total (Assessment of Damages attached) $185,354.37 I CERTIFY THAT 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 to file 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 ; curr .: - s at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237 .0°1 By: AW GROUP, P.C. Mic ael McKeever Pa. ID 56129 _Jay E. Kivitz Pa. ID 26769 _Lisa Lee Pa. ID 78020 _Kristina Murtha Pa. ID 61858 _David Fein Pa. ID 82628 _Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 _Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 _Salvatore Filippcllo Pa. ID 313897 _Alyk L. Oflazian Pa. ID 312912 _Jennifer Lynn Frechie Pa ID 316160 Attorneys for Plaintiff � Jtt lo... W. C9nefl ea 1It> 31— 7t(..( AND NOW J,11 a , Judgment is entered in favor of LSF8 MASTER PARTICIPATION TRUST and against DANIEL G. POTH and JANE M. POTH by default for want of an Answer and damages assessed in the sum of $1.85,354.37 as per the above certification. Prothonotary I(o .5o A-n`f el '13(40 pp3(51108 1\106,e ,lit Iec% Rule of Civil Procedure No. 236 — Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way Oklahoma City, OK 73134 DANIEL G. POTH JANE M. POTH (Mortgagors and Record Owner(s)) 437 Shippensburg Road Newville, PA 17241 Plaintiff vs. Defendant(s) No. 14 -5337 -civil THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above -captioned matter has been entergagainst you. David D. Buell Prothonotary of Cumberland County 1 Courthouse Square W 3 Carlisle, PA 17013 Prothonotary /hi& By: Deputy If you have any questions concerning the above, please contact: KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 129066FC THIS LAW FJRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DANIEL G. POTH POTH, DANIEL G. 437 Shippensburg Road Newville, PA 17241 LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way Oklahoma City, OK 73134 Plaintiff - vs - DANIEL G. POTH JANE M. POTH (Mortgagor(s) and Record Owner(s)) 437 Shippensburg Road Newville, PA 17241 Defendant(s) TO: DANIEL G. POTH 437 Shippensburg Road Newville, PA 17241 DATE OF THIS NOTICE: December 1, 2014 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure No. 14 -5337 -civil IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT1'hN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 By: KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 David Fein Pa. ID 82628 Jill P. Jenkins Pa. ID 306588 QA.lyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Jennifer Lynn Freebie Pa ID 316160 215-627-1322 Attorneys for Plaintiff Department of Defense Manpower Data Center Status Report Pursuant to Servicernernbers Civil .,elief Act Last Name: POTH First Name: DANIEL Middle Name: G. Active Duty Status As Of: Dec -24-2014 Results as of : Dec -24-2014 08:18:03 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ✓ -- - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date • Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA -: _ No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Noted of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA NO NA This response reflects whether the individual or his/her unit has received early notification to report for active duly Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Amey, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. ff you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(0 for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). • Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 01Z08DD3G1E0270 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LSF8 MASTER PARTICIPATION TRUST Plaintiff vs. DANIEL G. POTH JANE M. POTH Defendant(s) NO. 14 -5337 -civil VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): JANE M. POTH, has a last known residence of 437 Shippensburg Road, Newville, PA 17241. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to a orit es. Date 149 (././ tcp By: KML L ' GROUP, P.C. M ael McKeever Pa. ID 56129 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall. Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Status Report Pursuant to Servicers enbers Civil Relief Act Last Name: POTH First Name: JANE Middle Name: M. Active Duty Status As Of: Dec -24-2014 Results as of : Dec -24-2014 08:19:47 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA- No • NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA m . NA _. No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HisMer Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA '_.. NA`.. .. - - No ' NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 • The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: V121 HD93M1 EOCBO KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way Oklahoma City, OK 73134 vs. DANIEL G. POTH JANE M. POTH (Mortgagor(s) and Record owner(s)) 437 Shippensburg Road Newville, PA 17241 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 14 -5337 -civil ORDER FOR JUDGMENT Please enter Judgment in favor of LSF8 MASTER PARTICIPATI JANE M. POTH for failure to file an Answer in the above action within in the sum of $185,354.37. Bv: TRUST, and against DANIEL G. POTH and m the date of service of the Complaint, W GROUP, P.C. 1 McKeever Pa. ID 56129 E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 'Ya etont0.- C91Q11 Joshua I. Goldman Pa. 205047 cc, i b 3 0141 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID -313897 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way Oklahoma City, 0 4 and that the name(s) and last known address(es) of the Defendant(s) is/are DANIEL G. POTH, 437 Shippensburg Road Newville 'A 172,'' ..ad JANE M. POTH, 437 Shippensburg Road ,..dioie, Newville, PA 17241; By: leeLAW GROUP, P.C. el McKeever Pa. ID 56129 ay E. Kivitz Pa. ID 26769 _Lisa Tie Pa. ID 78020 _Kristina Murtha Pa. ID 61858 _David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Al Joshua I. Goldman Pa. 205047 _Jill P. Jenkins Pa. ID 306588 _Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 _Alyk L. Oflazian Pa. ID 312912 _Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff v'°`0.. V.1.0 t0' TJ4. y ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $109,116.98 Interest from 04/01/2010 through $46,432.41 12/24/2014 Reasonable Attorney's Fee $1,650.00 Late Charges $2,650.09 Escrow $12,760.89 Property Inspection $810.00 Appraisal/BPO $400.00 FCL Title Fees $450.00 LMT Title Search $325.00 Extension Interest $10,759.00 AND NOW, this 14-5337-civi1/ 129066FC day of �an $185,3 W GROUP, P.C. McKeever Pa. ID 56129 Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua 1. Goldman Pa. 205047 4/Vt'etifia.. W Chu) Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Q6.- I ® 3 (-1714 ( Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff 02015 , 644 -damages are assessed as above. 03 q S rothy PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 KML Law Group, P.C. Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way Oklahoma City, OK 73134 vs. DANIEL G. POTH JANE M. POTH Mortgagor(s) and Record Owner(s) 437 Shippensburg Road Newville, PA 17241 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION — LAW ACTION OF MORTGAGE FORECLOSURE No. 14 -5337 -civil PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due a8.5o PO 5'7.5L CBF !15.75 i(o . 50 h $ GI/8.3 I Po p-rri a.a5 Que Co 50 LL °184Loq I 24315il)B urt .f Interest from 12/25/2014 to Date of Sale per diem at $27.25 (Costs to be added) Bv: $185,354.37 W GROUP, P.C. McKeever Pa. ID 56129 . Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 ttorneys for Plaintiff Vo. w. Oien PP Ib 3'`771(] KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way Oklahoma City, OK 73134 vs. DANIEL G. POTH JANE M. POTH (Mortgagor(s) and Record Owner(s)) 437 Shippensburg Road Newville, PA 17241 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 14 -5337 -civil AFFIDAVIT PURSUANT TO RULE 3129 LSF8 MASTER PARTICIPATION TRUST, Plaintiff in the above action, by counsel, KML Law Group, P.C., sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 437 Shippensburg Road Newville, PA 17241 1.Name and address of Owner(s) or Reputed Owner(s): DANIEL G. POTH 437 Shippensburg Road Newville, PA 17241 JANE M. POTH 437 Shippensburg Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: DANIEL G. POTH 437 Shippensburg Road Newville, PA 17241. JANE M. POTH 437 Shippensburg Road Newville, PA 17241 C r� "4*3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 LVNV FUNDING LLC C/O EDWIN A. ABRAHAMSEN & ASSOC. 120 NORTH KEYSER AVE. SCRANTON, PA 18504 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 437 Shippensburg Road Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of ' :. .S. Section 4904 relating to unsworn falsification to authorities. DATED: t 2�/ 2�j- I y' Bv: AW GROUP, P.C. el McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff 14 -5337 -civil KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way Oklahoma City, OK 73134 vs. DANIEL G. POTH JANE M. POTH Mortgagor(s) and Record Owner(s) 437 Shippensburg Road Newville, PA 17241 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 14 -5337 -civil THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. c'7 - c -0 a , --i T rn . NOTICE OF SHERIFF'S SALE OF REAL PROPERTY . r-, -<?'' fv c) TO: POTH, DANIEL G. r '4..._ r'' DANIEL G. POTH >c -a" `' ., 437 Shippensburg Road c- ST: r•..)�� F Newville, PA 17241 Your house at 437 Shippensburg Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 03, 2015,.at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $185,354.37 obtained by LSF8 MASTER PARTICIPATION TRUST against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to LSF8 MASTER PARTICIPATION TRUST, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 14 -5337 -civil 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 14 -5337 -civil Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 129066FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 14 -5337 -civil KML Law Group, P.C. Suite 5000- BNY Independence Center 701 Market Street Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way Oklahoma City, OK 73134 vs. DANIEL G. POTH JANE M. POTH Mortgagor(s) and Record Owner(s) 437 Shippensburg Road Newville, PA 17241 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Docket No. 14 -5337 -civil THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: POTH, JANE M. JANE M. POTH 437 Shippensburg Road Newville, PA 17241 Cj c -0 a zco r� cn r— C) F c—rs Your house at 437 Shippensburg Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, June 03, 2015, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $185,354.37 obtained by LSF8 MASTER PARTICIPATION TRUST against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to LSF8 MASTER PARTICIPATION TRUST, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 21.5-825-6329 or 1-866-413-2311.. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 14 -5337 -civil 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. You may contact the Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 14 -5337 -civil Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@kmllawgroup.com.com. Call Seth at 215-825-6329 or fax 215-825- 6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 129066FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way Oklahoma City, OK 73134 vs. DANIEL G. POTH JANE M. POTH Mortgagor(s) and Record Owner(s) 437 Shippensburg Road Newville, PA 17241 Plaintiff Defendant(s) LLU Lig L THE P O HONG , i-, 7.015 JAN -2 P 2: 20 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 14 -5337 -civil CERTIFICATION AS TO THE SALE OF REAL PROPERTY Plaintiff, by counsel, hereby certifies that it has complied with the provisions of Act 91 of 1983 and/or the real property in question is not subject to the Act. By: AW GROUP, P.C. ael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff -'' Vtctz l'c.., W • OAPs) e- (b C17 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 LSF8 MASTER PARTICIPATION TRUST Vs. NO 14-5337 Civil Term CIVIL ACTION — LAW DANIEL G POTH JANE M POTH 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 and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $185,354.37 L.L.: $.50 Interest from 12/25/14 to Date of Sale per diem @ $27.25 Atty's Comm: Atty Paid: $218.31 Plaintiff Paid: Date: 1/2/15 (Seal). ,; Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary REQUESTING PARTY: Name: VICTORIA W. CHEN, ESQUIRE Address: KML LAW GROUP PC SUITE 5000 - BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 317741 Deputy