Loading...
HomeMy WebLinkAbout14-6226 r Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: or trtuFRr`auk County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the.Tling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S E Complaint 0 Writ of Summons El Petition E Transfer from Another Jurisdiction n Declaration of Taking C Lead Plaintiff's Name: U, S. BANK NATIONAL Lead Defendant's Name: ASSOCIATION AS TRUSTEE FOR THE PENNSYLVANIA .JEANETTE BANKS T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Q Yes No O (check one) Doutside arbitration limits N Is this a Class Action Suit? EI Yes El No Is this an MDJAppeal? [ Yes No A Name of Plaintiff/Appellant's Attorney: Leon P. Haller/Jill M.Wineka El Check here if you have no attorney(are a Self-.Represented (Pro Sel Litigant) Nature of the Case: Place an"X".to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional El Buyer Plaintiff Administrative Agencies El Malicious Prosecution El Debt Collection:Credit Card D Board of Assessment F1 Motor Vehicle E] Debt Collection: Other © Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability Statutory Appeal:Other S Q Product Liability(does not include E mass tort) Q Employment Dispute: El Slander/Libel/Defamation Discrimination C El Other: Employment Dispute:Other rl Zoning Board T El Other: I 0 Other: O MASS TORT 0 Asbestos N Tobacco Toxic Tort-DES E] Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste 0 Other: El Ejectment � Common Law/Statutory Arbitration B El Eminent Domain/Condemnation 0 Declaratory Judgment El Ground Rent 0 Mandamus El Landlord/Tenant Dispute Non-Domestic Relations E] Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial Quo Warranto 0 Dental © Partition Replevin © Legal E] Quiet Title Other: Q Medical Other: Other Professional: Updated 1/1/2011 v 7 ' FILFO-017FICL U, THE PRO 1 H0�N0 i,°titRY Leon P. Haller,Esquire 2014 OCT Z Purcell,Krug& Haller 1719 North Front Street CUMBERLAND COUNTY Harrisburg, PA 17102 PENNSYLVANIA 717.234.4178 mtg@pkh.com U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING OF CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, Plaintiff CIVIL ACTION-LAW vs. ACTION OF MORTGAGE FO LOSURE JEANETTE BANKS, I i6 2 Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after the Complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS,ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED,0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA,EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES,LA COUTE PUEDE, SIN NOTIFICARIO,DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON.DE ESA DECISION,ES POSSIBLE QUE USTED PUEDA PERDER DINERO,PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO,LLAME AL"LAWYER REFERENCE SERVICE"(SERVICIO DE REFERENCIA DE ABOGADOS),(215)238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE /�S•'7s`p� df CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 Vtf � 3�0(0� J U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY, Plaintiff CIVIL ACTION LAW VS. ACTION OF MORTGAGE FORECLOSURE JEANETTE BANKS, Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING CUMBERLAND COUNTY, PENNSYLVANIA FINANCE AGENCY, Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE JEANETTE BANKS, Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 and as amended by Supplemental Indenture of Trust dated March 1, 2007, is acting through the Pennsylvania Housing Finance Agency ("Agency"), its appointed Limited Power of Attorney, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. The Limited Power of Attorney executed October 4, 2006 between the Plaintiff and the Agency is recorded in the Recorder of Deeds Office of the within County and Commonwealth on October 11, 2006 in Book 0731, Page 0421. The Limited Power of Attorney is incorporated herein by reference pursuant to Pa.R.C.P. 1019(g). 2. Defendant, JEANETTE BANKS, is an adult individual whose last known address is 368 BRIDGEPORT ROAD, LANDISBURG, PA 17040. 3., On or about, March 21, 2007, the said Defendant executed and delivered a Mortgage Note in the sum of $143,521.00 payable to PHILADELPHIA FINANCIAL MORTGAGE, which Note is attached hereto and marked Exhibit"A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on March 22, 2007 in Mortgage Book 1985, Page 4716 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on March 22, 2007 in Miscellaneous Book 735, Page 1431. The Mortgage was further assigned to U.S. BANK,NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording, which Assignment is attached hereto and marked Exhibit`B". The said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 431 D STREET, CARLISLE, PA 17013 and is more particularly described in Exhibit"C" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on May 01, 2013 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $129,557.03 Interest at$18.89 per day $10,937.31 From 04/01/2013 To 11/01/2014 (based on contract rate of 5.2500%) Accumulated Late Charges $173.40 Late Charges $31.70 $570.60 From 05/01/2013 to 11/01/2014 Escrow Deficit $5,934.43 Attorney's Fee at 5% of Principal Balance $6,477.85 TOTAL $153,650.62 "Together with interest at the per diem rate noted above after November 01, 2014 and other charges and costs to date of Sheriffs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letters dated October 7, 2013 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the October 7, 2013 Act 6 Notices is attached hereto and marked Exhibit"D". 9. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 10. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Service Members Civil Relief Act, as amended. A copy of the website report from the Department of Defense Manpower Data Center, confirming non-active military duty is attached as Exhibit"E". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.2500% ($18.89 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & H LLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 0 Loan Number: 12407038 �� M NOTE ff CASE NO. -7909849 MARCH 21, 2007 U�/- [Dare] & 7x- 431 D STREET, CARLISLE, PENNSYLVANIA 17013 1,5 33 NO [Property Address] 1. PARTIES "Borrower"means each person signing at the end of this Note, and the person's successors and assigns. "Lender"means PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, A PENNSYLVANIA BANKING CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY,INTEREST In return for a loan received from Lender,Borrower promises to pay the principal sum of ONE HUNDRED FORTY-THREE THOUSAND FIVE HUNDRED TWENTY-ONE AND 00/100 (U.S.$ 143,521.00 ),plus interest, to the order of Lender. Interest will be charged on unpaid pr Dollars from the date of disbursement of the loan proceeds by Lender,at the rate of FIVE AND 250/1000 incipal until the full amount of principal has been paid. percent ( 5.2 5 0 %)per year 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on MAY 1, 2007 APRIL 1, 2037 Any principal and interest remaining on the first day of will be due on that date,which is called the "Maturity Date." (B) Place Payment shall be made at 1767 SENTRY PARKWAY WEST, SUITE 220, BLUE BELL, PENNSYLVANIA 19422 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest willbe in the amount of U.S.$ 792.53 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box.) ❑Growing Equity Allonge ❑ Graduated Payment Allonge ❑Other [specify] i 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note,in whole or in part,without charge or penalty,on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. MIXTMATE•FHA FDtED RATE NOTE(6/96) Dwumcm Sysmms,1-(M 649-1362 Page I of 2 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due,Lender may collect a late charge in the amount of FOUR AND 000/1000 of the overdue amount of each payment. percent ( 4.000 %) (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may,except as limited by regulations of the Secretary in the case of payment defaults,require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default, In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary"means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full,as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys'fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require Lender to demand payment of amounts due. "Notice of dishonor"means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable lawrequires a different method,any notice that must be given to Borrower under this Note willbe given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a enforce its rights under this Note against each person individually or against al guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may this Note may be required to pay all of the amounts owed under this Note. l signatories together. Any one person signing BY SIG ING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 and 2 of this Note. lL JE TTE BANKS (Seal) (Seal) Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) ) -Borrower MUI.TLSTATE-FIiA Fla® RATE NOTE(6(96) D—u sys1"m:,W.(soon 649-1362 Page 2 of 2 u:na.me ALLONGE Loan Number: 12407038 Loan Date:MARCH 21, 2007 Borrower(s): JEANNETTE BANKS Property Address: 431 D STREET, CARLISLE, PENNSYLVANIA 17013 Principal Balance: $143,521.00 PAY TO THE ORDER OF PENNSYLVANIA HOUSING FINANCE AGENCY Without Recourse Company Name: PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK By: /Gl c t—'/��/` /9(l'v �-1 " MORTGAGE UNDERWRITING MANAGER (Name) (Title) DENISE DIGIOVANNI MULTISTATE NOTE ALLONGE 03/08/07 �OC�3(fiC�.:�:•l.REt.IGi 800-6a9-7362 WWW,docmagic.com A.Isr Prepared by&Return to: U.S. Bank National Association c/o PHFA-Loan Servicing Division 211 North Front Street,P.O.Box 15057 Harrisburg,Pennsylvania 17105-5057 717-780-3800 or 1-800-346-3597 PIN/ID Number: 06191643178 1533140 Above space is intentionally left blank for recording data. ASSIGNMENT OF MORTGAGE For value received,PENNSYLVANIA HOUSING FINANCE AGENCY("PHFA"),hereby grant, sell,convey, assign and deliver unto the U.S.BANK NATIONAL ASSOCIATION,(Trustee for the Pennsylvania Housing Finance Agency,pursuant to a Trust Indenture dated as of April 1, 1982),its successors and assigns,the following described Mortgage,together with the Note secured thereby Name of Original Mortgagor(s): JEANETTE BANKS Secured by the real property located at: 431 D STREET,CARLISLE,PA 17013 Municipality of: CARLISLE Original Mortgagee: VIST BANK Original Principal Amount: $143,521.00 County Recorded in: CUMBERLAND Mortgage Recorded: March 22,2007 Book 1985 Page 4716 Last Assignment to: PA Housing Finance Agency Book 735 Page 1431 Instrument#: 9320 IN WITNESS WHEREOF,the said Pennsylvania Housing Finance Agency,has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 096) GORYL DATED: August 05,2014 By: PENNSYLVANIA HOUSING FINANCE AGENCY *e- jln4!4�' g Thomas F.Brzana,Jr. V jr-1 Director of Loan Servicing Division COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ; On this,the day of 2014,before me,the undersigned officer,personally appeared Thomas F.Brzana,Jr.,Director of Loan Se ng Division,an authorized officer of the Pennsylvania Housing Finance Agency, and acknowledged that he,being authorized to do so,executed the foregoing instrument for the purposes therein contained. In witness whereof,I have hereunto set my hand and official seal. (Notary Public COMMONWEALTH OF PENN VANIA Notarial Seal Kimberley A.Ayala,Notary Public CERTIFICATE OF RESIDENCE OF ASSIGNEE City commission of igWrg,Da PhiJann County 15, 2015 I certify that the principal business and mailing address for this assignment and assignee i :MEMBER .PENNSYLVANIA ASSOCIATION OF NOTARIES U.S. Bank National Association, c/oPHFA-Loan Servicing Division 211 North Front Street,P.O.Box 15057, Harrisburg,Pennsylvania 17105-5057 Authorized Officer R ALL THAT CERTAIN tract of land situate in the Fifty Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of"D"Street,said point being 195.5 feet West of the Northwestern corner of"D"Street and Franklin Street;thence in a Northerly direction along the dividing line between Lots Nos. 54 and 55 of the hereinafter mentioned Plan of Lots, 150 feet to a point on the Southern line of a proposed public alley 16 feet wide;thence in a Westerly direction along the Southern line of said alley,8.11 feet to a point; thence In a Southerly direction along the dividing line between Lots 53 and 54 of said Plan of Lots, 1St]feet to a point on the Northern line of"D"Street;thence In an Easterly direction along the Northern Ilne of"D"Street,65 feet to the place of BEGINNING_ BEING Lot No. 54 on the Plan of Lots known as the Pian of W. H, Bittinger,as recorded in the Office of the Recorder of Deeds for Cumberland County in Pian Book 4, Page 111 and being improved with a dwelling house known and numbered as 431 "D"Street. F IF Pennsylvania Housing Finance Agency t__�ountin � Loan Servicin 211 North Front Street, P.O. Box 15057 Harrisburg,PA 17105-5057 (800)346-3597 FAX(717) 780-3899 TTY(717) 780-1869 CERTIFIED MAIL- RETURN RECEIPT REQUESTED 10/07/2013 RE: Account No. 1533140 JEANETTE BANKS 368 BRIDGEPORT RD LANDISBURG, PA 17040-9251 RE: 431 D ST CARLISLE, PA 17013-1316 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by (hereinafter We, Us or Ours) on your property located at 431 D ST, CARLISLE, PA 17013-1316, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,116.00 for 5/2013 through 10/2013 for a total of $6,696.00. Late charges and NSF charges that have accrued to this date in the amounts of $331.90 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is$7,762.90. You may cure this default within THIRTY(30) DAYS of the date of this letter, by paying to us the total amount of$7,762.90, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash in our office, cashier's check, certified check or money order and made at: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 or TTY(800)346-3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgageed property. If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over$50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period,you will not be required to pay attorney fees. C � ' / FHAACT/dtmdocslALSV/ We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the shenffps foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments and any late or other charges then due as well as the reasonable attorney's fees and costs connected with the foreclosure .sale and perform any other requirements under the morta e. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-822-7375. This payment must be made payable in cash in our office, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred However, you are not entitled to this right to cure your default more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents,the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance Iapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualify for replacement insurance if you wish to retain it. If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. Sincerely, --Jewwv Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/P.O. Box 15057 TLG/ Harrisburg, PA 17105-5057 FHAACT/dtmdocs/ALSW Pennsylvania Housing Finance Agency h ountin� & Loan Servicrn� 211 North Front Street,P.O. Boz 15057 Harrisburg,PA 17105-5057 (800)346-3597 FAX(717) 780-3899 TTY(717) 780-1869 NOTICE 10/07/2013 JEANETTE BANKS 368 BRIDGEPORT RD LANDISBURG, PA 17040-9251 RE: Account #1533140 TO: JEANETTE BANKS 431 D ST CARLISLE, PA 17013-1316 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD's toll free number (800) 569-4287 for financially distressed mortgagors for information concerning HUD-approved housing counseling agencies. Attachment: Housing Counseling List FHAACT/dtmdocs/ALSW *** PLEASE BE SURE THE AGENCY OF YOUR CHOICE SERVICES YOUR COUNTY *** CCCS OF WESTERN PA-HARRISBURG NACA 2000 LINGLESTOWN RD. 1341 N DELAWARE AVE;SUITE 312 HARRISBURG,PA.17110 PHILADELPHIA,PA.19125 Phone:888-599-2227 Phone:888-297-5568 HOUSING ALLIANCE OF YORK PHILADELPHIA COUNCIL OF COMMINITY DEVELOPMENT 34 S.Duke St. ONE PENN CENTER;1617 JFK BLVD;SUITE 1550 York,PA 17401-1106 PHILADELPHIA,PA.19103-1828 Phone:800-864-4909 Phone:800-930-4663 TABOR COMMUNITY SERVICES 208 E King St. Lancaster,PA 17608-1676 Phone:717-397-5182 FH AACT/dtmdocs/A L S V/ C I; 2. Article Number ---------------- S l; • �iII A, lieoeived by(Please Print Clearl � y) B. Date of Deli4ery � C O I' C. Signature p W i' 7196 9008 9111 W a' 1, 1451 0098 ❑Agent +. (n W M LjL I' D. Is delivery address different from item'17 Addressee'l ,Q- i If YES,enter delivery address below; co w 3. Service Type CERTIFIED MAIL- 0 YeS U ❑NoCD LL J I; 4. Restricted Delivery?(Extra Fee) 1 � (� 1; 1. Article Addressed to: ❑Yes W ® JEANETTE BANKS a0 cg W < 433- D ST cc 0 gr� U) g i = CARLISLE, PA 17 013Co cC13 jr l` •60o 1533,140 (D d PEREZ PS For •..._ m 3811,January 2005 Domestic Return Receipt l '� -- I; 2. Article Number - � I� A. Received by(Please Print Clearly) B. Date of Delivery V Oo �; C. Signature •� ❑Agent 4- p W Q l; 7196 9008 9111 1451 0104 ❑Addressee; .Q- ow �? D. is delivery address different from item 1? ED® Yes U If YES (g ,enter delivery address below: ED No I W ir ji 3. Service Type CERTiF1ED MAIL"' � e W � O. liI; 4. Restricted Delivery?(Extra Fee) ❑Yes CSD W C.1ii 1. Article Addressed to: .-. N 0 * ® JEANETTE BANKSUi � �p v) ; 368 BRIDGEPORT RD c CD at M LANDISBURG, PA 17040 L CD 153. 314-0. ,.y PEREZ ' Y I, Y FS— PS Form 3811,.Januar 2005 Domestic Return Receipt i ' 'i F*MS*Mlia HOUShWFinanM Agency Accounting &Loan Servicing Divisi®n . T P.O. Box 15057 Harrisburg, PA 17105-5057 ': JEANETTE BANKS 431 D ST CARLISLE, PA 17013 TO »3^T :nom_ A xi.rrrn.cle.=c.F_y 3 8Cs 171:8.:5.505757 *.01.19-9.3Z8V-:87 '.4.7 ;...;:.j: a.—� uv. ti ao�: rar. aril aa. 1.1h 1:1, rar._aa_r� r#_.a.a.� r r m : {...i.t,..�i:t::L... `1rC?—:,,,.7W .,i'itrla.l7. il.i',r{_titilanlla .,lent i{irnilalelii:aa/.lal �! �1 7 IIi iilii i ii �79i i Print Key output ='f✓~ , ACT' Letter_ 5770SS1 V7R1M0 100423 �. Page I ���r�1jt?[� PHFASYSI 10/02/_J3-, 15:32:59 Display Device . . ' QPADEVOIHC User . . . G P-®13 PEREZ ��l N SRV860-02 PEREZ PERSONAL & PROPERTY DATA - 10/02/13 ---------------------------------________ __ 15:32:56 Loan# 0001533140 Inv# 196 CP: PEREZ Asum: Y Total Due 7762.90 Due 5/01/13 Msg#1: 24 2: 3: 29 UnPaidBal 129557.03 LPR 4/19/13 Borr 1: JEANETTE BANKS Empl: r� Email: jbanks7027ayahoo.com Sal. 0 717-422-2650 �: , r1'r��° Borr 2: On-Line Reg: Y/N _� Empl: 000-00-0000 Email: Sal: 0 � fi fir' ' F''G?� '� r Prop: 431 D ST On-Line Reg: Y/N aes' Addr Number of Children: 00 �' g�� 2 tir' ` a. CARLISLE Ages: 00 00 00 it"Iuaa 'Mail 3 'Bw�RT:bGEPO'RT'R:D*. PA 170131316 Seller: Addr: LANDI.S:BU17G' "PA"170'409251-4 Legal Description: F3=Exit F6=Additi.onal Names and Addresses F7=Next Loan Page Dn=Loan Data FB=Prev Loan F12=Return F16-opt Out Info Z m m m ......N............................. .......... o o - ------•-•...................... ............................... ...._..--- <m� T M 171 z3 mm cn N w� s c)v� 3 m Z ,,t c� '4 <m o m o � m N m-i z o m W � 6(0 ti B9 m�Z 0 .a �. w y n a '� o m - Z �' W [rJ w m H rt^ C_ 0 c A �A c m c I11 b H td © m tO �•P , 3 w r -0 CL t2i In �• m c rp 5 �. ® m y m w ro �-' pu bd H H Q' o �1 ® v a m T `° w H b C�J CL v m m `°• m o Ln rij Cii d a e -1 O R. m ro I-' PO y M a e T `m n " W N ;CJ is $ sao C] 3 tCD yrJ H `° � b bLA) CJ tom' 2 m N N �' N b r� oO H rjn � N .' o N ' D � � , o.0 LAJ 0 co O ® �; Q r m rn N W 1 N W m H Ln F-' l? H lJ1 0 Dl f Ln O C3l Department of Defense Manpower Data Center Results as of:Oct-22-2014 06:49:30 AM f SCRA 3.0 },L Pursuant t► Servicemembers:Civil Relief Act Last Name: BANKS First Name: JEANETTE Middle Name: Active Duty Status As Of: Oct-22-2014 On Active Du On Active Duty Status Date - Active Duty Start Date Active Duty End Date NA NA Status Service Component No NA This response reflects the Individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Aetive Du Status Date Active Du Start Date Active Duty End Date NA Status Service Component 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•U to Active Du on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA NoNA This response reflects whether the Individual or hislher 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,NCAA,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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct upon my personal knowledge and upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PENNSYLVANIA HOUSING FINANCE AGENCY, Attorney-in-Fact for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Dated q �7 l By Thomas F. Brzana, Jr., Director of Loan Servicing for the Pennsylvania Housing Finance Agency, Attorney-in- Fact for U.S. Bank National Association, as Trustee for the Pennsylvania Housing Finance Agency BANKS 1533140 P014555/41975-14 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Of- THE PRO THONG '110'; �."ArruLrrr, 2014 NOV -4 All {B: 45 CUMBERLAND CUUp 7Y PENNSYLVANIA OFFiO OF Tr rsE5IF� US Bank National Assocation as Trustee for the Pennsylvania Housing Fi vs. Jeanette Banks Case Number 2014-6226 SHERIFF'S RETURN OF SERVICE 10/24/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 431 D Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 10/24/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jeanette Banks, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 10/28/2014 09:37 AM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Perry County upon Tayler Banks, who accepted for Jeanette Banks, at 368 Bridgeport Road, Landisburg, PA 17040. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $59.78 SO ANSWERS, October 30, 2014 RONIN' R ANDERSON, SHERIFF (c) CountySute Sheriff, Te!eosoft, Inc. U.S. Bank National Association Versus Jeanette Banks IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH No. 2014-6226 Cumberland Co. SHERIFF'S RETURN And now October 28 , 2014: Served the within name Jeanette Banks the defendant(s) named herin, personally at her place of residence in Spring Twp -368 Bridgeport Road, Landisburg, Perry County, PA, on October 28, 2014 at 9:37 o'clock AM by handing to Tayler Banks, defendant's daughter/PIC copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents thereof Sworn and subscribed to before me this (AA day of OC. a4 s')1q -4?)"(t.4124 1 true and attested Prothonotary Deputy Sheriff of Perry County COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET F. FLICKINGER, Notary Public Bloomfield Boro, Perry County My Commission Expires February 16, 2016 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2014-06226 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. JEANETTE BANKS, DEFENDANT(S) Total Judgment Amount Interest Per diem of $18.89 to sale date 3/4/2015 $153,650.62 $2,173.86 Late Charges $126.80 $31.70 per month to sale date' 3/4/2015 Escrow Deficit $2,056.79 TOTAL WRIT $158,008.07 *Plus additional interest,,late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, March 04, 2015 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE? TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: November 21, 2014 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leon P. Haller PA I.D. #15700 WRIT OF EXECU ION - MORTGAGE FORECLOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNT To satisfy the judgment, interest and costs in ' e above captioned case, you are directed to levy upon and sell the property described in the attached descrip en kn cwn as 431 D STREET CARLISLE, PA 17013 Date: 6.) �.ag,sop d a a�" C F 1kS, N• S°"" 'a.t) ?C‘ °A\ PROT OTARY/CLERK CIVIL DIVISION BY DEPUTY U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. JEANETTE BANKS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2014-06226 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 431 D STREET CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): JEANETTE BANKS 368 BRIDGEPORT ROAD LANDISBURG, PA 17040 JEANETTE BANKS 431 D STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 431 D STREET CARLISLE, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authoriti DATE:November 21, 2014 . Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. JEANETTE BANKS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2014-06226 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 04, 2015 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 C.7) THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 431 D STREET CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2014-06226 JUDGMENT AMOUNT $153,650.62 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: JEANETTE BANKS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or. rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of "D" Street, said point being 195.5 feet West of the Northwestern corner of "D" Street and Franklin Street; thence in a Northerly direction along the dividing line between Lots Nos. 54 and 55 of the hereinafter mentioned Plan of Lots, 150 feet to a point on the Southern line of a proposed public alley 16 feet wide; thence in a Westerly direction along the Southern line of said alley, 65 feet to a point; thence in a Southerly direction along the dividing line between Lots 53 and 54 of said Plan of Lots, 150 feet to a point on the Northern line of "D" Street; thence in an Easterly direction along the Northern line of "D" Street, 65 feet to the place of beginning. BEING Lot No. 54 of the Plan of Lots known as the Plan of W. H. Bittinger, recorded in Cumberland County Plan Book 4, Page 111. HAVING THEREON ERECTED A DWELLING KNOWN AS 431 D STREET, CARLISLE, PA 17013 TAX PARCEL NO. 06-19-1643-178 BEING THE SAME PREMISES WHICH Kevin Nelson et ux, by deed dated 03/21/07 and recorded 03/22/07 in Cumberland County Record Book 279, Page 1099, granted and conveyed unto Jeanette Banks. TO BE SOLD AS THE PROPERTY OF JEANETTE BANKS ON JUDGMENT NO. 2014-06226 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 U. S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Vs. NO 14-6226 Civil Term CIVIL ACTION — LAW JEANETTE BANKS 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: $153,650.62 L.L.: $.50 Interest $2,173.86 PER DIEM OF $18.89 TO SALE DATE 3/4/15 Atty's Comm: Atty Paiffr. 220.53 PER MONTH TO SALE DATE 3/4/2015 ESCROW DEFICIT - $2,056.79 Plaintiff Paid: Date: 12/4/2014 Due Prothy: $2.25 Other Costs: LATE CHARGES - $126.80 - $31.70 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF JEANETTE BANKS, VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2014-06226 DEFENDANT(S) MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) JEANETTE BANKS for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiffs damages as follows: Unpaid Principal Balance $129,557.03 Interest $10,937.31 Per diem of $18.89 From 04/01/2013 To 11/01/2014 Accumulated Late Charges $173.40 Late Charges $570.60 ($31.70 per month to 11/01/2014) Escrow Deficit 5% Attorney's Commission TOTAL $5,934.43 $6,477.85 $153,650.62 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriffs Sale. PURCELL, KRUG & H By P. Haller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 atoc,4:s6 avitk \clko@Lo D r U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Vs. JEANETTE BANKS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2014-06226 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on November 19, 2014 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P aller PA I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 71 4r' • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE.FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. JEANETTE BANKS Defendant DATE 'OF THIS NOTICE: November 19, 2014 TO: JEANETTE BANKS 431 D. STREET CARLISLE, PA 17013 JEANETTE BANKS 368 BRIDGEPORT ROAD LANDISBURG, PA 17040 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-6226 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PURCELL, KRU L R By LEON P. HA LER, Atforney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. JEANETTE BANKS, IN.THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA- CIVIL ACTION LAW NO. 2014-06226 DEFENDANT(S). MORTGAGE FORECLOSURE AFFIDAVIT COMMONEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHIN I, LEON P. HALLER, Attorney for the Plaintiff in the above matter, being duly sworn according to law, hereby certify that the Mortgage in the above case is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C.A. Section 707 1715z11) and therefore does not fall within the provisions of PA Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program). Sworn to and subscribed b • _e me this,a( day of / 0 r/ 20 /y Aar,�/. blic COMMiONWEW ALTH OF PE�VL^YLVAEA NOTARIAL SEAL MARYLAND K. FERRE FI, Notary Public Lower Paxton Twp., Dauphin County • My Commission Expires August 08, 2018 frON P. HALLER U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. JEANETTE BANKS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2014-06226 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendants above named are not on active duty in the Military Service nor engaged in any way which would bring them within the Servicemembers' Civil Relief Act. A copy of the search through the Defense Manpower Data Center website is attached. Sworn to and subscribed before me this day 20 / ON P. HALLER, ESQUIRE NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Two., Dauphin County My Commission Expires August 08, 2018 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: DFR9GB4C2OBOTE0