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HomeMy WebLinkAbout14-7198 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover.Sheet Docket No: CUMBERLAND County / The information collected on this form is used solely.for court administration purposes. This form does not supplement or replace thefiling and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S ❑x Complaint El Writ of Summons El Petition E Ej Transfer from Another Jurisdiction [:] Declaration of Taking C Lead Plaintiff's Name: U, S. BANK NATIONAL Lead Defendant's Name: ASSOCIATION. AS TRUSTEE FOR THE PENNSYLVANIA DEREK E. PARKER T I Dollar Amount Requested: within arbitration limits Are money damages requested? Q Yes No (check one) Qoutside arbitration limits O N Is this a Class Action Suit? El Yes 0 No Is this an MDJAppeal? E] Yes 0 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 Se] Litigant) - --. —.Na.tu.r-e-.of the Case.:—.Place-an-"-X"-to--the-left-of-the-ON-E-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 0 Intentional [I Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution El Debt Collection: Credit Card Q Board of Assessment Motor Vehicle Q Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation Q Premises Liability El Statutory Appeal:Other S Product Liability(does not include E mass tort) © Employment Dispute: Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute:Other 0 Zoning Board T 0 Other: I Other: O MASS TORT El Asbestos N M Tobacco E] Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS (] Toxic Waste El Ejectment 0 Common Law/Statutory Arbitration Q Other: B El Eminent Domain/Condemnation El Declaratory Judgment El Ground Rent E] Mandamus © Landlord/Tenant Dispute Q Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure:Commercial Quo Warranto El Dental E] Partition Replevin E] Legal Q Quiet Title El Other: © Medical Other: Other Professional: Updated 1/1/2011 Leon P. Haller,Esquire _ Purcell,Krug&Haller 1719 North Front Street C-!f Harrisburg,PA 17102 717.234.4178 � �`�l,: 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 FORtLO RE DEREK E. PARKER and SIERRA E. WILLIAMS, I(.,�^ 9 u vt Defendants I V 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,O 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 PC- 717-249-3166 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 cwl � - ��-� 1 u <,99 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 DEREK E. PARKER and SIERRA E. WILLIAMS, Defendants 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. PUR'CELL, 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 DEREK E. PARKER and SIERRA E. WILLIAMS, Defendants 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 731, Page 421. The Limited Power of Attorney is incorporated herein by reference pursuant to Pa.R.C.P. 1019(g). 2. Defendants, DEREK E. PARKER and SIERRA E. WILLIAMS, are adult individuals whose last known address is 439 SOUTH FAYETTE STREET, SHIPPENSBURG, PA 17257. 3. On or about, February 09, 2011, Derek E. Parker executed and delivered a Mortgage Note in the sum of $117,088.00 payable to FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, 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, Defendants 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 February 10, 2011 in Instrument No. 201105058 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 February 10, 2011 in Instrument No. 201105059. 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: 439 SOUTH FAYETTE STREET, SHIPPENSBURG, PA 17257 and is more particularly described in Exhibit"C" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact'that the Mortgagors have failed to pay the installment due on June 01, 2014 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $109,835.11 Interest-at$12.97 per day $3,177.65 From 05/01/2014 To 01/01/2015 (based on contract rate of 4.2500%) Accumulated Late Charges Late Charges $23.04 $161.28 From 06/01/2014 to 01/01/2015 Escrow Deficit $527.09 Current NSF charges 64.00 Attorney's Fee at 5% of Principal Balance $5,491.26 TOTAL $119,256.39 "Together with interest at the per diem rate noted above after January 01, 2015 and other charges and costs to date of Sheriff's 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. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 which contained amendments to Act 91 of 1983 (35 P.S. 1680.401c et. seg,) and Pennsylvania Act 57 of 2008 which contained amendments to Act•6 of 1974 (41 P.S. 101 et. sem) by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notices dated August 8, 2014 is attached hereto as Exhibit"D". 9. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance,Agency not to qualify for, . Mortgage Assistance. 10. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Service Members Civil Relief Act, as amended. Copies of the website reports,from the Department of Defense Manpower Data Center, confirming non-active military duty are 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 4.2500% ($12.97 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 & HALLER 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) NOTE February 09,2011 (Date] Chambersburg (City] Pennsylvania 439 South Fayette Street [State] Shippensburg,PA 17257 [Prc4xrty Address] I. BORROWER'S PROMISE TO PAY In retunt for a loan that I have received,I Promise to pay U.S.$117,088.00 "Pramber),plus interest,to the order of[he Lender.The Lender is Farmers and Merchants Trust Company t i Chambersburg (this amount is called I will make all payments under this Note in the fort of cash,check or money order. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been aid.I will rate of 4.250090. _ The interest rate required by this Section 2 is the rate I will pay both before and aftepany 1 willdefauPay interest nt recti t Section 6(3)of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my ntonihly payn3ent on the 1st I will make these payments every month until I have paid all of the y of each rPrincipal ndtinterest and Any other charges described below that]may owe under this Note.Each month] April 01,2011 to interest before Principal.If,on March Oi,2041 Y payment will be applied as of its scheduled due date and will be applied amounts in full on that date,which is called the" I still owe amounts under this Note,I will a ]will make lily month! Maturity Date." Pay those PA 17201 Y payt33ents at F8M Trust Company•Loan Servicing,P,O,Box 6010,Chambersburg, (B) Amount of Monthly Payments or at a different place if required by the Note Holder. My mortthlY Payment will be in the rannount of U.S.$576.00 4. BORROWER'S RIGHT TO PREPAY I have the right to stake payn3entS of Principal at any time before they are due:A a"Prepayment."When I make a Prepayment 1 will tell the Note Holder in writing that Iynl tdoing o.I may is known as a Payment as a make a full Pref I have not made all the monthly payments due under the Note. I may make a full Prepayment or Prepayments to reduce Prat Prepayments without paying a Prepayment charge. The the amount of Principal that I owe under this Note. However, the NoteNHoldeote r]d may will use my Prepayment to the accrued and unpaid interest on the Prepayment amount,before a I in m Prepayment reduce the y nly Principal amount of the Note.If I make a partial Prepayment,there will be no changes in the due date or in the an oeduce my month] PP Y g y Y Payment unless the Note Holder agrees in writing to those changes. AIULTISTATE FIXED RATE NOTE--Single Family—Fannie Mae/Freddte (TEM 164GLI(0312) (Page i nI J Pages)] Mac UNIFORM INSTRUMENT Form 3200 vol GREATo Order tag;f-aZW-9393 0 he b78jf 1D13t 10-000433 t( (t I 5. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or I an s loan exceed the other]oshall be reduced byto be the amount ted in connection ttecessary to r ducehe chargetot the pertnitted limit;landt(b)any suns already loan chargeme.The Note und collected nroin no which Principal exceeded eede permunder thedis limits will ote or by a refmakiunds direct payment to mea If a refund reduces Priay choose to make ncipal,palis ,the by reducing the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments Fifteen calendar If the Note Holder has not received the full amount of any monthly payment by the end 4,0000% days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C) Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do.,which has not been not pay the overdue amouand nt y a y the amount of the interrest that I owe on thattnaY am uPquire intt.Thatne to date must be at least 30 days after the datterontwhich the notice is n"ai ed paid n eaor the m delivered by other means. (D) No Waiver By Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as describ ed 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 Costs and Expenses s required me to pay i . ntrnediately in full as described above,the Note Holder will have the right to If the Note Holder h be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law Those expenses include,for example,reasonable attorneys'fees. 7. GIVING OF NOTICES ethod,any notice that must be given to me under this Note will give the Note be given y Unless applicable law requires a different m delivering it or by mailing it by first class trail to me at the Property Address above or at a different address if I giv Holder a notice of my different address. notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first Any nithe Note Holder the address stated in Section 3(A)above or at a different address if I am given a notice of that class mail o different address. 8. 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 guarantor, mises made in Sts etyor endorser of this under this Note Note,is also obligated individually to keep ll f the st all of us together.This his meane Note Ho s that yone of s mayrbe aga person nrights required to pay all of the amounts owed under this Note. g, WAIVERS I 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 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. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note,a Mortgage,Deedof Trust,or Security Deed(the"Security Instrument"),d ted the sunt date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which I make in Form 3200 1/01 MULTISTATE FIXED RATE NOTE--Singto Pomrily—Fannie madFreddie Mac UNIFORM INSTRUMENT GREATLAIJD To Omer ren:t-soo-s3o-93s3 0Far 616-791-1131 10-000433 ITEM 164sr2 t0312l (Page 2 of 3 twges) this Note.That Security Instrument describes how and under what conditions I may be.required to make immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender'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 Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Leader shall give period Borrower notice of acceleration.The notice shall provide a enot Less than 30 days front the date the notice is given in accordance with Section 15 within which Borrower r trust pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pernutted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages I through 3 of this Note, WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. Derek (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Witnessed By: [Sign Original Only] Pay Without Recourse to the Pennsylvania Housing Finance Agency FARMERS AND MERCHA TRUST COMPANY OF CHAMBE S URG B hIULITSTATE FIXED RATE NOT"'"81e F—HY—Fannie Mae/Freddie Mae UNIFO r MM 16/61.3(0312) RM INSTRU[<iENT (Page 3 of 3 Form 3200 1.01 la+Rer) TO ONN pR 1.800.5306393 p GREATIANO hr 616.701.1131 10-000433 ✓1. _i.+. aL>_ a.:+:....i..-..1__.....__. :1 r „4 .. ._.. 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: 36352388051 2415446 Above space is intentionally left blankfor 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): DEREK E. PARKER SIERRA F. WILLIAMS Secured by the real property located at: 439 SOUTH FAYETTE STREET,SHIPPENSBURG, PA 17257 Municipality of- TOWNSHIP OF SHIPPENSBURG Original Mortgagee: FARMERS &MERCHANTS TRUST OF CHAMBERSBURG Original Principal Amount:$117,088.00 County Recorded in: CUMBERLAND Mortgage Recorded: February 10,2011 Instrument#: 201105058 Last Assignment to: PA Housing Finance Agency Instrument#: 201105059 IN WITNESS WHEREOF,the said Pennsylvania Housing Finance Agency,has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 112) TERRY DATED: October 13,2014 By: P NNSYLVANIA HOUSING FINANCE AGENCY Thomas F.Brzana,Jr. Director of Loan Servicing Division COMMONWEALTH OF PENNSYLVANIA COUNTYOF ,UPHM ; On this,the ``day o10 , 14,before me,the undersigned officer,personally appeared Thomas F.Brzana,Jr.,Director of Loan Servicing 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. ^ k [� 1 Notary Public C0MM0NW -Mj 6F PENNS^VLVANIA Notarial Seal Kimberley A.Ayala,Notary Public City of Harrisburg,Dauphin County CERTIFICATE OF RESIDENCE OF ASSIGNEE my Commission Expires Jan. 15,2015 I certify that the principal business and mailing address for this assignment and assignee is MEMBER,PENNSYLVANIA ASSOCATION OF NOTARIES U.S.Bank National Association,c/o PHFA-Loan Servicing Division 211 North Front Street,P.O. Box 15057,Harrisburg, nnsylvania 17105-5057 Authorized Officer ALL that certain lot of ground with home improvements erected thereon,situate in the Township of Shippensburg,Cumberland County, Pennsylvania,known as Lot No. 15, Block"A"of the Plan of Lots known as Dykeman Springs Heights,said plan recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 13 page 15, said lot having a frontage along the Shippensburg-Mainsville Road of 100 feet and a width of 110.8 feet in the rear,a depth on the North of 125 feet and depth on the South of 150 feet. Date: 8/08/2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paaes The HOMEOWNER'S EMERGENCY MORTGAGE AS PROGRAM HEMAP may be able to help 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 name2 address and phone number of Consumer Credit Counseling A encies serving our 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 717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. t ACT691 LR/dtmdocs/ALSV/ HOMEOWNER'S NAME(S): DEREK E. PARKER _...._.�... .... Y PROPERTY ADDRESS: 439 SOUTH FAYETTE STREET SHIPPENSBURG, PA 17257-1709 ' LOAN ACCOUNT NO.: 2415446 CURRENT LENDER/SERVICER: Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15057 Harrisburg, PA 17105-5057 HOMEOWNER'S EMERGENCY MORT PROGRA GAGE ASSISTANCE M YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE E EMERGENCY MORTGAGE ASSISTANCE: LIGIBLE FOR " IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONT * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR PAYMENTS, AND MORTGAGE * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE HOUSING FINANCE AGENCY. PENNSYLVANIA TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three 3 mailing). During that time you must arrange and attend a "face-to-face" meetingt ry stay of Consumer Credit Counseling Agencies listed at the end of this Notice. THIS ME ( ) days for WITHIN THIRTY-THREE 33 DAYS OF THE DATE OF THIS NOTICE. IF Y with one of the EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YO MEETING MUST OCCUR THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR OU DO NOT APPLY FOR HOW TO BRING YOUR MORTGAGE UP TO DATE. UR MORTGAGE UP TO DATE. MORTGAGE DEFAULT" EXPLAINS CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with o Counseling Agencies listed at the end of this notice, the lender may NOT take action a ai ne of the Consumer Credit thirty (30) days after the date of this meeting. The names�in resses and tele hone nu desi Hated Consumer Credit Counselin A encies for the cowhich the ro er 9 nst you for setforth at the end of this Notice. It is only necessary to schone face-to-face tubers of your lender immediatel of your intentions. is located are meeting. Advise APPLICATION,, FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons forth later in ths Notice (see following pages for specific information about the nature the ourset You have the right to apply for financial assistance from the Homeowner's Emer enc M Assistance Program. To do so you must fill out, sign and file a completed Homeowner'sy default). Mortgage Assistance Program Application with one of the designated Consumer Credit g y °rtgage Emergency Counseling ACT691 LR/dtmdocs/ALSSW 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 foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER 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 FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 439 SOUTH FAYETTE STREET, SHIPPENSBURG, PA 17257-1709, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months June, 2014 thru the first of August, 2014 in the amount of $2,208.00 plus late charges that have accrued in the amount of $46.08 and other charges (inspection fees and / or attorney fees and costs in the amount of $14.00) . THE TOTAL AMOUNT DUE IS $2,332.08. This includes all payments, fees and expenses due, less any funds we are holding in suspense. 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 $2,332.08 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash in our office, cashier's check, certified check or money order made payable and sent to: PENNSYLVANIA HOUSING FINANCE AGENCY 211 N FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 ACT691 LR/dtmdocs/ALSV1 IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender 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 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 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 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 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 three 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: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 717-614-2518 (FAX) Contact Person: KIMBERLEY AYALA Counseling Agencies: In addition to mailing Appendix B, Notice of Face-To-Face Meeting, please notify PHFA (when we are the first lien holder) of the face-to-face meeting and pending submission of application for HEMAP assistance by sending an e-mail to: Kayala@phfa.org. If you do not have access to e-mail, please call Kim Ayala at 717-780-1815 and advise of the face-to-face meeting. EFFECT OF SHERIFF'S 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 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. (This does not apply if your mortgage was originated under the Home Start Program.) ACT691 LR/dtmdocs/ALSv/ YOU MAY ALSO HAVE THE RIGHT: < * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (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 Advantage Credit Counseling Service/CCCS of Wester Housing Alliance of York/Y Housing Resources 2000 Linglestown Road 290 West Market Street Harrisburg,PA 17102 York,PA 17401 717-855-2752 Maranatha Community Action Commission of Capital Region 43 Philadelphia Avenue 1514 Derry Street Waynesboro,PA 17268 Harrisburg,PA 17104 717-762-3285 71.7-232-9757 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 ACT691 LR/dtmdocs/ALSW Pennsylvania Housing Finance Agency Accounting& Loan Servicing 211 North Front Street,P.O. Box 15057 Harrisburg,PA 17105-5057 (800)346-3597 FAX(717) 780-3804 TTY(717) 780-1869 NOTICE 8/08/2014 DEREK E. PARKER 439 S FAYETTE ST SHIPPENSBURG, PA 17257 RE: Account#2415446 TO: DEREK E. PARKER 439 SOUTH FAYETTE STREET SHIPPENSBURG, PA 17257-1709 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. Attachment: Housing Counseling List ACT691 LR/dtmdocs/ALSW HUD-APPROVED CREDIT COUNSELING AGENCIES 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:800-9304663 TABOR COMMUNITY SERVICES 208 E King St. Lancaster,PA 17608-1676 Phone:717-397-5182 ACT691 LR/dtmdocs/ALSW Date: 8/08/2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and 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 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 717-780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ACT691 LR/dtmdocs/ALSW .HOMEOWNER'S NAME(S): SIERRA E. WILLIAMS PROPERTY ADDRESS: 439 SOUTH FAYETTE STREET SHIPPENSBURG, PA 17257-1709 LOAN ACCOUNT NO.: 2415446 CURRENT LENDER/SERVICER: Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15057 Harrisburg, PA 17105-5057 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the 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 Agencies 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 Mortgage Assistance Program Application with one of the designated Consumer Credit Counseling ACT691 LR/dtmdocs/ALSW 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 foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER 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 FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (if you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 439 SOUTH FAYETTE STREET, SHIPPENSBURG, PA 17257-1709, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months June, 2014 thru the first of August, 2014 in the amount of $2,208.00 plus late charges that have accrued in the amount of $46.08 and other charges (inspection fees and / or attorney fees and costs in the amount of $14.00) . THE TOTAL AMOUNT DUE IS $2,332.08. This includes all payments, fees and expenses due, less any funds we are holding in suspense. 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 $2,332.08 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash in our office, cashier's check, certified check or money order made payable and sent to: PENNSYLVANIA HOUSING FINANCE AGENCY 211 N FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 ACT691 LR/dtmdocs/ALSW IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender 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 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 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 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 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 three 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: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 717-614-2518 (FAX) Contact Person: KIMBERLEY AYALA Counseling Agencies: In addition to mailing Appendix B, Notice of Face-To-Face Meeting, please notify PHFA (when we are the first lien holder) of the face-to-face meeting and pending submission of application for HEMAP assistance by sending an e-mail to: Kayala@phfa.org. If you do not have access to e-mail, please call Kim Ayala at 717-780-1815 and advise of the face-to-face meeting. EFFECT OF SHERIFF'S 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 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. (This does not apply if your mortgage was originated under the Home Start Program.) ACT691 LR/dtmdocs/ALSv/ YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (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 Advantage Credit Counseling Service/CCCS of Wester Housing Alliance of York/Y Housing Resources 2000 Linglestown Road 290 West Market Street Harrisburg,PA 17102 York,PA 17401 717-855-2752 Maranatha Community Action Commission of Capital Region 43 Philadelphia Avenue 1514 Derry Street Waynesboro,PA 17268 Harrisburg,PA 17104 717-762-3285 717-232-9757 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 ACT691 LR/dtmdocs/ALSW Pennsylvania Rousing Finance Agency Accounting & Loan Servicing 211 North Front Street,P.O. Box 15057 Harrisburg,PA 17105-5057 (800)346-3597 FAX(717) 780-3804 TTY(717) 780-1869 NOTICE 8/08/2014 SIERRA E. WILLIAMS 439 SOUTH FAYETTE STREET SHIPPENSBURG, PA 17257 RE: Account#2415446 TO: SIERRA E. WILLIAMS 439 SOUTH FAYETTE STREET SHIPPENSBURG, PA 17257-1709 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 couns6ling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. Attachment: Housing Counseling List ACT691 LR/dtmdocs/ALSV/ ._v.a.�.-...�_�iv. �i'i.n.=?i}w•._........n..l._..Y� ,...,.w.1,_. ..:..a..:rY'�..+.—.+ 1 s._..a....i._..._...a.r........-1 a�iE='r K:�s'e N.-.. . ..tn�'✓cY. , .':...7..::JtiS.r.. .......a..-_._ ....L. HUD-APPROVED CREDIT COUNSELING AGENCIES 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:800-9304663 1 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608-1676 Phone:717-397-5182 ACT691 LR/dtmdocs/ALSW "UNITED ATE POSTALSERVICEe To pay fee,amk stamp5.or Certificpte E3$1111ail.ing rneter..postagehere. This Certificate of Mailing,provides evidence that rr ail has been presented to'USPS®for mailing: This.form may be used fordomestic and international mail: From: PENNSYLVANIA HOUSING FINANCE AGENCY P.O. SOX 15057 HARRISBURG, PA 17105-5057 y DEREK E PARKER 439 SOUTH FAYETTE STREET 241544SHIPPENSBURG, PA 17257 . y A 6 TERRY h PS Form 3517,April 2007 PSN I Dau-vc-vv,�—- pew muoRawewl j%esn ION 00 PaPltiwd e6eiano3 aouemsul ON c - 3� 9.& A . 31da HO NUVINISOd eSdSf1 N W x m o saad V 86%sod 1e101 > H CA luanpaa pa3outsaa tJr I'd ® o� v a� ? 02, 1 aaj;dlaoea u.mtaa o rP Cr1 Y m a aad paRlua� 301AH39 V z "t a6eisod Ntinl3a cl w S.CD M ' sooZ Ajunuur,888 wood Sd .. i w 1-3 L-1 �,.:. g, C>.. � ro � H CA! :33MU3d3H N. �ro ygym. _-n N C;D O N 0 )MUM o . f :H3GN3S o N � Ln 1'1 0 , `LSZLT `dd 'f)Un9SMaddIHS IHH2LLS RZJLa7LFZ3 HMOS M,i, ` `, M : U xUVd a xaxaa :O1 =C 02L5 6LIE TTT6 9006 9611 m. S k. m'N 6. SRV8iQ-028106114 TERRY PERSONAL & PROPERTY DATA 17:35:26 2. Article Number ~.F���_—_—_—_-- ____ 32 08 Due 6/01/14 Loan: • • • Ti CP: g1s ived by(Please Print Cleady B. Date of Delive 'r ^ ry ! 7196 9008 9111 3179 9865 Borr.= 11 fill 1111111111 ture Emplnddreeaaa gent :T : SIERRA E WILLIAMS Emai! 7196 9008 9111 3179 5720 veryaddressdifferentZfromlteml? 439 S FAYETTE STREET Borz i If YES,enter delivery address below. O Yes — "° j SHIPPENSBURG, PA 17257 i Emp1i 3. Service Type CERTIFIED MAIL- EMP], Ved Emai; 4, Restricted Delivery? ry (Extra Fee) Elves ,,i Prox: I. Article Addressed to: �h�' DEREK E PARKS i R SENDER: 4 3 9 SOUTH FAYETTE STREET TERRY jMai:; SHIPPENSBURG, PA 17257 Add1i ; REFERENCE: 2415446 t...i Le ,; 2415446 TERRY PS Form 3800 January2005 " s RETURN Postage "± RECEIPT Certified Fee F3 = PS Form 3811,January 2005 Domestic Return Receipt n J, SERVICE Return Receipt Fee Pa Dn=Loan�na�a ro=r �r �,..uz ----- �. .___ g' ------------'- Restricted Delivery ----------------------- ---------------------- } 2. Article COMPLETE THIS SECTIONON Total Postage&Fees I A. eceived by(Please Print Clearly) B. Date oDgli�ery ; us.Psy POSTMARK OR DATE Igna re C, I Receipt for rit 7196 9008 9111 3179 9865 �/ ` CI—If 5 AedC& r ssee Certified Mail D. Is deliv address different from Item 1? ❑Yes No Insurance coverage Provided If YES,enter delivery address below: ❑No Do Not Use for International Mail 3. Service Type CERTIFIED MAILTM ~ 4. Restricted Delivery?(Extra Fee) QYes 1. Article Addressed to: SIERRA E WILLIAMS e: 439 S FAYETTE STREET ! SHIPPENSBURG, PA 17257 i?I { 2415446 TERRY �i ,I �. PS Form 3811,January 2005 Domestic Return Receipt ^c 4� Department of Defense Manpower Data Center Results as of:Dec-12.201405:59:26 AM SCRA 3.0 State Report Pursuant to Servicemembers Civil Relief Act Last Name: PARKER First Name: DEREK Middle Name: E Active Duty Status As Of: Dec-12-2014 / On Active Duty On Active D 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 DX s of Active Duty Status Date •rcx Active D StaA Dale Active D End Date. Status -• Service Com onent NA ..NA - ..No NA This response reflects where the individual left active duty status within 367 days precedingthe 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 Manpovit&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 fr t , i o Department of Defense Manpower Data Center Resuttsasof:Dec-12-201405:59:46 AM SCRA 3.0 1 Status Repot` Pursuant to Servicerne-mben,Civil Relief Act, Last Name: WILLIAMS First Name: SIERRA Middle Name: E Active Duty Status As Of: Dec-12-2014 s On Active Duty On Active Duty Status Date Active Duty Start Data 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 Duly 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 Servicerriember 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 V# By 441��o 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 PARKER 2415446 P01455/42294-14 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY I r[[ • i RO t}iC fOJ irt; . QFFif;E OF THE SHERIFF 2015 AN 15 PH is CUM3ERLAND COUNTY PENNSYLVANIA US Bank National Association vs. Derek E Parker (et al.) Case Number 2014-7198 SHERIFF'S RETURN OF SERVICE 12/22/2014 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 439 South Fayette Street, Shippensburg Township, Shippensburg, PA 17257. Residence is vacant. 12/22/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Derek E Parker, 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 439 South Fayette Street, Shippensburg Township, Shippensburg, PA 17257. Residence is vacant and per the Shippensburg Postmaster the defendant moved and left no forwarding address. 01/13/2015 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sierra E Williams, 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 439 South Fayette Street, Shippensburg Township, Shippensburg, PA 17257. Residence is vacant and to this date the Shippensburg Postmaster has not been able to provide a forwarding address. SHERIFF COST: $91.60 SO ANSWERS, January 13, 2015 ic? CountySuite Sheriff, Tgleosoft, inc. RONN R ANDERSON, SHERIFF