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HomeMy WebLinkAbout14-5465 Supreme CoiLiifof,-,Pennsylvania Co u 0.,ofeCorn rn N'lP I e as For Prothonotary Use Only: CWWCO'er ,Shdet 7 , Docket No: C LA County The inforniolion collected on 117is fnrm is used solely.for court administration purposes. This farm does nol supplement or replace the filing and service qfpleodhngs or otherpapers as required by low or rules of court. Commencement of Action: El Complaint M Writ of Summons rl Petition S Transfer from Another Jurisdiction E] Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE, PAMELA GAUL Dollar Amount Requested: Mwithin arbitration limits Are money damages requested? El Yes El No (check one) (Doutside arbitration limits 0 N Is this a Class Action Suit? El Yes P51 No Is this an MDJAppeal? Yes Mx No A Name of Plaintiff/Appellant's Attorney: POWERS, KIRN &ASSOCIATES, LLC Check here if you have no attorney(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 APPEALS El Intentional El Buyer Plaintiff Administrative Agencies El Malicious Prosecution F-1 Debt Collection:Credit Card Board of Assessment Motor Vehicle F-1 Debt Collection:Other Q Board of Elections Nuisance Q Dept.of Transportation M Premises Liability El Statutory Appeal:Other S F1 Product Liability (does not include mass tort) E] Employment Dispute: E F1 Slander/Libel/Defamation Discrimination C El Other: Employment Dispute: Other M, Zoning Board T Other: I n! , Other: O MASS TORT 0 Asbestos N Tobacco Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS F1 Toxic Waste [3 Ejectment [] Common Law/Statutory Arbitration B Other: F1 Eminent Domain/Condemnation [] Declaratory Judgment 0 Ground Rent 0 Mandamus E3 Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial Quo Warranto M Dental F-1 Partition Q-1 Replevin Q Legal rl Quiet Title El Other: n Medical Other: Q Other Professional: Updated 11112011 -PQWI✓RS KIRN & ASSOCIATES, LLC Jill Manuel-Coughlin, Esquire Id. No. 63252 kT It "r-0 Jolanta Harry B Reese,8 Esquire Id. No. 310506 n;, C)TIJO 0 rf3,r Daniel C. Fanaselle, Esquire Id. No. 312292 f SEP 16 �N j1; Matthew J. McDonnell, Esquire Id. No. 313549 �:Ut•;Q`� 8 Neshaminy Interplex PE- L4ND Suite 2155 Southampton, PA 18966 (215) 942-2090 ATTORNEYS FOR PLAINTIFF U.S. Bank National Association, as Trustee, IN THE COURT OF COMMON PLEAS OF successor in interest to Bank of America,National Association, as Trustee, successor by merger to CIVIL DIVISION LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007-3XS c/o CUMBERLAND COUNTY Wells Fargo Bank, N.A. PENNSYLVANIA 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff No. VS. Pamela J. Gaul COMPLAINT IN 1102-5 Market Street a/k/a 1102 Market Street Unit 5 MORTGAGE FLORECLOSURE New Cumberland, PA 17070-1677 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 this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S.Bedford Street G —7 a Carlisle,PA 17013 717-249-3166 auk �• � �`�� 800-990-9108 062-PA-v5 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE 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. 062-PA-v5 •POWrRS KIRN & ASSOCIATES, LLC Jill Manuel-Coughlin, Esquire Id. No. 63252 Jolanta Pekalska, Esquire Id. No. 307968 Harry B. Reese, Esquire Id. No. 310501 Daniel C. Fanaselle, Esquire Id. No. 312292 Matthew J. McDonnell, Esquire Id. No. 313549 8 Neshaminy Interplex Suite 215 Southampton, PA 18966 (215) 942-2090 ATTORNEYS FOR PLAINTIFF U.S. Bank National Association, as Trustee, IN THE COURT OF COMMON PLEAS OF successor in interest to Bank of America, National Association, as Trustee, successor by merger to CIVIL DIVISION LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007-3XS c/o CUMBERLAND COUNTY Wells Fargo Bank, N.A. PENNSYLVANIA 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff No. VS. COMPLAINT IN Pamela J. Gaul MORTGAGE FLORECLOSURE 1102-5 Market Street a/k/a 1102 Market Street Unit 5 New Cumberland, PA 17070-1677 Defendant(s) CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE And now comes U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007-3XS, by its attorneys, Powers Kim& Associates, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is U.S. Bank National Association, as Trustee, successor in interest to Bank of America,National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007-3XS c/o Wells Fargo Bank,N.A., 3476 Stateview Boulevard, Fort Mill, SC 29715, (hereinafter"Plaintiff'). 2. The Defendant(s) is, Pamela J. Gaul, with a last known address of 1102-5 Market Street a/k/a 1102 Market Street Unit 5, New Cumberland, PA 17070. 062-PA-v5 3. In order to protect the borrower's privacy, certain personal information of the borrower (such as loan account, Social Security numbers, and birth dates), may have been partially or completely redacted on the exhibits to this Complaint. 4. U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007-3XS, directly or through an agent, has possession of the Promissory Note. U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007-3XS is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A copy of said Promissory Note is marked Exhibit A, attached hereto and made a part hereof. 5. On or about August 14, 2006, Pamela J. Gaul made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for First National Bank of Arizona, a Mortgage in the original principal amount of$114,320.00 on the premises described in the legal description marked Exhibit B, attached hereto and made a part hereof. Said Mortgage being recorded on August 17, 2006 in the Office of the Recorder of Deeds in Cumberland County, in Book: 1962, Page: 3112. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 6. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded September 4, 2012, the mortgage was assigned to U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007-3XS which Assignment is recorded in the Office of the Recorder of Deeds of Cumberland County in Document Id. No: 201226889. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 7. Pamela J. Gaul is the record and real owner of the aforesaid mortgaged premises. 8. Defendant(s) is in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the installments of principal and interest due December 1, 2013. 9. As of 8/26/2014, the amount due and owing Plaintiff on the mortgage is as follows: Principal $101,283.16 Interest from 11/1/2013 to 8/26/2014 $6,528.33 Late Charges $165.80 Escrow Advance $1,378.32 Property Inspections $0.00 Property Preservation $0.00 BPO/Appraisals $0.00 Escrow Balance $0.00 062-PA-v5 Corporate Advance Credit ($52.79) Total $109,302.82 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 10. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) has received a discharge of personal liability in'a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $109,302.82, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. POWERS KIRN & ASSOCIATES, LLC BY: ❑ Jill Manuel-Coughlin, Esquire Id. No.55669 ❑ Jolanta Pekalska, Esquire Id. No. 63252 ❑ Harry B. Reese, Esquire Id. No. 310501 Daniel C. Fanaselle, Esquire Id. No. 307968 ❑ Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff 062-PA-vS EXHIBIT `A' NOTE August 14, 2006 FA28FAX (City) VA IS—] 1102-5 Market 8tseet, New Cumberland, PA 17070 R-PCM Address) I. BORROWER'S PROMISE TO PAY In returnfor a Iola that I bane received,I promise to pay U.S.5.114;320.40 (this amount is caned'Principal,), Plus interest,to the order of the Lender,.The Lender is 1°i.rst National Bank of Arizona I will stake all paYMMU under this Not:in the form of cash,check or money order. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transferand who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST fine=will be charger(on unpaid principal until the full amount of principal has been id. t w rue of 7.875 rb. pawill pay iuutest at a yearly The interest rate required by this Section 2 is the tate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYbfEM (A)Time and Plooe of payments I will pay principal and itueren by making a payment every month. I will make m9 monthly Payment on theist day of each month beginning r 1, 2006 1 win make these payments every month unto I have paid all of the principal and interest�any other rccharges described below that I may owe under this Note. Each monthly Payment will be applied as of its scheduled due date and will be applied to interest before principal.If,on SOPtember 1, 2036 i still owe amounts under this Note,I will pay those amounts in M on that date,which is called the'Maturity Daw.' 1 will maker my teddy PCO at P.O. EOX 62768, PHOENIX, A$ 85085-2768 or at a different place if required by the Note Holder. (B)Amount of Momtlsly Payments My monthly Payment will be in the amount of U.S.S 828.40 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due.A payment of Principal only is known as a Payment as a'When I make a Ptepaymetat'I will tell the Note Holder in writing that I am doing m, i may not designate a Prepayment if I have not made all the Monthly Payments due under the Norte. I may mate a h l Prepayment or Partial Psepsyments without Paying a Prepayment Prepayments to redone the amount of Principal that I owe under this Note. eveer, the Nat arge.'Me NHolderole t may apply use my 1'repayt>tnt to the aoatred and unpaid interest on the Prepayment amount, before applying my Prepaymentto rducthe PrineipaE amwuatt of the Nana.If I make a partial Prepsyme r,there will be no changes in the due date or in the amount of my may Payment unless the Note holder agrees in writing to those changes. MULTISTATE FOCI RATE NOTE-Sbvis Fandly-FwW tYt"IR*d&Moe UmFOAM jNSTRUMENT ip 0,M Fant 8200 flQf VMP tSOAtTGAGE rORaaS-W=521-7p rap.i a a aueera: S. LOAN CHARGES If a taw,which applies to this loan and which sets maximum loan charges,is Emadly interpreted so that tate interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then.(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collected from we which exceeded permitted limits will be refunded to me.The Note Bolder may choose to make this refund by reducing the Principal I owe under this Nae or by making a direct payment to me_If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO FAY AS REQUIBED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due,I will pay a late charge to the Now Holder.The amount of the charge will be 5.000%of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. 03)Default If I do not pay the full atnoum of each moodily payment on the daze it is due,I will be in default. (C)Notke of Detault If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Hbadrl Elven if, at a time when l am in default, rhe Nae Holder does not require me to pay iinmediate3y in full as described above,the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Coats and Expenses If the Note Holder has required me to pay immediately in full as described above,the Nae Holder will have the right ro be paid back by me for all of its emits and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include,for example,reasonable attorneys`fees. T. GIVING OF NOTICES Unless applicable law requires a different madiod,any notice thatt must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Folder a notice of my different address. Any notice that now be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS TINDER THIS NOTE U more Than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Now,including the promise to pay the M amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Nae.The Note Halder may enforce its rights trader this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed tinder this Note. 4. WAIVERS I and any odor person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. 'Pn mmw=*means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor'means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.. rbrra r o'er 10. UNIFORM SECURED NOTl3 This Note's a uniform instrument.with limited variations in some jurisdictions.fn addition to the protections given to the Note Holder trader this Note,a Mortgage,Deed of TM,or Security Deed(the"ssr unity tnstrament'),dated me same date as thprotects the Note.protethe Note Holder from possible losses whits night result if I do not keels the promises which]make in this Note'That Security Iostttunent descry-bat how and under what conditions I may be required to make immediate payment in full Of all amounts Ibwe under this Note.Some of those conditions are described as follows: If all Or any batt of the Property or any lnwim in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial imerest in Borrouvt is sold or transferred)without L.etxler's prior written consent, Lender may require immediate payment in full of all sums secured by this Security instrument. However,this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. If Leader exercises this option, Lender shad give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security lostrumem.If Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies petmitted by this Security Insht>ment without further nottem or demand on Borrower. CAUTION—IT I3 110ORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. 9 rfNESS THE HAND(S)AND SEALM OF THE UNDERSIGNED. Pamela J. Ga Bwrowcr (Seal) -8arrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower Borrower (Seal) (Seal) �� -Borrows lygn original ORW �SN tozo»ar vw.a or o Form 3200 1107 _ams,_ —mist, BANK. OF NEVADA 1665 West Alameda Drive Tempe,AZ 85282 Office(480)224-7000 Fax(602)636-7388 ALLONGE TO NOTE LOAN NUMBER: BORROWER: Gaal IN THE AMOUNT OF:$114,320.00 PAY TO THE ORDER OF: FIRST NATIONAL BANK OF NEVADA WITHOUT RECOURSE BY: AMY ;iM CE PRESIDENT FIRST NATIONAL BANK OF ARIZONA PAY TO THE ORDER OF: WITHOUT RECOURSE BY: AMY HA S,ASSISTANT VICE PRESIDENT FIRST NATIONAL BANK OF NEVADA EXHIBIT `B ' 07/26/2012 4:45:47 PM -0500 ENTERPRISE FAX PAGE 22 OF 22 Fret American roe Insurance Company Canmttment Number. 06416 SCHEDULE C PROPER V DESCRIPTION The food referred to In this CoOmmitment is described as follows: ALL THAT CERTAIN Unit.beirq Unit A5 alis No.5(!he"Un in New CUrnbertand Borough.CuUnttrtand �+ n M Townes,A Condominium,.boc aW acre Townes. whicfh Unfit is in the Declaration of CWnbWMM Cour t3ooic 716, m( � �l�)rec�r�dedda�NO*Reco dWs Office of b► Page 4608 and pl to and!Toffs as recorded In the Recorder's Office of Cumberland County In Hoak 84,Page 43,on October 3o.2001. TOGETHER wfth an undivided 5.88235%interest in Common Elements as mare particularly set forlth aforesaid Dedamffm of Condwnft*j rt and Plats and Plana,as mmwKW aforesaiin thed. ; TOGETHER with the right tco use any limited cormrthon elements applicabie to the Unit being conveyed herein, Purstrertt to the Deder"m of Condominium.as ameroded. IT IS UNDERSTOOD and agreed that the above described premtises may have,had or has easements and rights in streets,alleys and alleyway,whether unopended,tmdectic ated,vacated or between 11th and 12th Shwft and Maricst and P®P�streets on plana far areas easements.rights and interests are conveyed �S*'�.N�a nd•Pemaylnd and that all such for Grantor.themselves,their heirs arc!a�by or Grantor with the exception of rillhbs ars! and reserved bounded by the agave sheets but not corer�. hisde t futtxe red egtaba Intek in other property aged on this deed with the above described premWee. THE GRANTEE,for and on behalf of the Grantee and the Grantee's heirs,Personal representafFves,sucoessm and assign,by the aWWW, e of this deed,covenants and%e9S to pay such comes for maintenances, napalm,replacements and Other eocpesnes In c0nFW tbn will the Common Elements.and any Limited Common EWmwft by the ve Board of the ftnants to said Unit as be assessed against him.her.them,it or said Unit,from time to time ' by the xecL a of ce Tamm Condon urn Assoc"on b ce with the Uniform Pervsylvmhia.end fi+rtth covenants and ogress that the unit am with by this deed than be subject to a Ilan for ail amounts so assessed except as Section 3407(c)of said Uniform Condominium Act b�relieve a s t LAM owner of Ilabtiity for prior unpaid aseesr3merhts. This covenant shell nm with and or Unft by eyed and as subsequent owners thereof UNDER AND SUBJECT to restrictions,reservations,aesements and right of way of record or visible f3EiNG the some premises which Timothy Hla�.i�a M.Hogg by deed dolled October 8,2w4 and recorded In the Recorder of Deeds Office it and for Cu County b sock 268,Page 4113. t Certify this to be recvl tied CuMberland County PA i ArS�fi dols C� k (06i1fitt16416r3+L� . 07/26/2092 4:45PM (GMT-05:00) R i VERIFICATION Sonya Moore, hereby states that h sh is Vice President Loan Documentation of WELLS FARGO BANK, N.A., mortgage servicing agent for plaintiff in this matter and that he he 's authorized to make this Verification, and verifies that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. The Plaintiff is the investor in the mortgage which is the subject of this action and has delegated the daily servicing responsibility to WELLS FARGO BANK, N.A. Plaintiff lacks sufficient knowledge or information to execute this verification. WELLS FARGO BANK, N.A. is in possession and control of all documents and records supporting the statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or employee p oyee of plaintiff, is the appropriate individual to make this Verification pursuant to Pa.R.C.P. 1024(c). Name: Sonya Moore Title: Vice President Loan Documentation Company: Wells Fargo Bank, N.A. Date: 08/28/2014 085-PA-V3 File#945464 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLANDCOUNTY _,- HE PROIliONO 20iii SEP 30 PM 3: 43 OFFE QF TKSRERIFF CUMBERLAND COUNTY PENNSYLVANIA U.S. Bank National Assocation vs. Pamela J Gaul Case Number 2014-5465 SHERIFF'S RETURN OF SERVICE 09/19/2014 05:02 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Pamela J Gaul at 1102 Market St, Unit 5, New Cumberland Borough, New Cumberland, PA 17070. SHERIFF COST: $47.21 VLfl J. ILL DAWN KELL, DEPUTY SO ANSWERS, September 22, 2014 R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, inc. POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRSUTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2007- 3XS C/O WELLS FARGO BANK vs. PAMELA J. GAUL COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-5465 CIVIL VERIFICATION OF NON-MILITARY SERVICE The Undersigned, Esquire, hereby verifies that he/she is attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) Defendant(s), PAMELA J. GAUL , is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, PAMELA J. GAUL, is over 18 years of age, and resides at 1102-5 MARKET STREET A/K/A 1102 MARKET STREET UNIT 5, NEW CUMBERLAND, PA 17070-1677. (c) Plaintiff, US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRSUTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2007-3XS C/O WELLS FARGO BANK, is an institution conducting business under the Laws of the Commonwealth of Pennsylvania with an address of 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715. authorities. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to Powers, Kirn & Ass• iates, LLC 0Ji11 Manuel -Coughlin, Es' ire ld. No. 63252 ❑ Jolanta Pekalska, Esqui e, Id. No. 307968 ❑Harry B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑ Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff SCRA 3.0 Staff Report Pursuwint to Senricerruembcrs Civil Relief Act. Last Name: GAUL First Name: PAMELA Middle Name: J Active Duty Status As Of: Nov -25-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .- a No ' NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA = - No.-- NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA •. No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD a:rong1y npports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: FFQD623E6064M40