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HomeMy WebLinkAbout15-0039 e. =t .(C6 � PbrProtltonotaU Else only: L T •l7 �,f✓6 DocketN`G- i _ CUMBERLAND The it7formation collected on this jortn is used_solely jot•court ada nistration Pulposem This jorm does wt supplement or replace thel�lirtg and se"ke oj pleadings or other papers as required by lata or rules o f coot�. Comme=ncement of Action: Petition M Complaint r Writo€Summons S p3 Transfer Rom Another furisdiction Declaration oiTalflng Leadplsinttfz'sName" U.S. BANK, NATIONAL T� dDexidant'sM MICHELLE A. ELLIOTT (C SSOCIATION TRUSTEE FOR THE '� J Dollar Amount Requested: Dwithin.arbitration limits Arm t€Tg�g€a�ag€�re ? 13 e (check outside arbifrationlimi� N Is this aam Ael*n,�'r `? ri IST© this a�1l � e `? 1To Name of Plaintsfr7App ellatifsAtfomey: Leon P. Haller Chee14Fere gfyoR have no alto ffey(are a el€Represented Pro a 9,ifigaa�t, Natu aod;rte Cease: Place an"X'to the left of the QNB case category that most accurately describes your. PRDIfARY CASE If you are ntalcingmore than one type of claim,check the ot4e that you consider most important CON .CI (do not DWudeTudgmentsl CWM APPEALS TORT(do not ndude Mass Tort) �Buyer Plaintiff Admini ctsaf'sve Agencies U Intentional �Debt Collection:Credit Card - Board ofAssessmenf Malicious Prosecution �Motor Vehicle �Debt CoIlection:Other �Board of Elections Dept-of Transportation Nuisance El remises Liability . - Stn YtoL-y Appeal:Offier Is- productUability(does not inch de Q Bmploymenf Dispute: mass tort) Discrimination SlandedLibeUDefmation U3EmploymentDispute:0iiier Q Zoning Board E-3 Other. 13 Other. T El Other: MASS,.ORT Asbestos N Tobacco ®Toxie Tort-DES eVc;Tort-Implant RV AL PROPI RTY TYJ CF,Ir ��QI7S Q Toxcc Waste q Ejecfrne Common Law/Statutory Arbitration Offer-,r EnvnentDomainlCondemnarion 1 Deelm-atoryMandamus Sudgmenf Ground Rent Mandamus Landlord/Tenanf Dispute [3 Non DomestieRelaftons �MortgageForedosurmResidential ResrainingOrder Mo eForeclosure:Commercial Q Quo Warranto P OPI1SSl�NAL I LEI �' '�`� �Partition U Replevin [3 Dental Quiet Title Other: El Legal. Other. El Medical Ej OtherProf6ss1ong: ------------- ------------ �Tnl7�oiT 7!1/�A!7 Leon P. Haller,Esquire �, Purcell,Krug&Haller ` ' - °-` l'` ' 7 1719 North Front Street - Harrisburg,PA 17102 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 FORECLOSURE MICHELLE A. ELLIOTT and SHANE A. ELLIOTT, Defendants 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 ar4 Q 717-249-3166 CkAd6oj(o-a' D�.I 21c� ?? aobal f 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 MICHELLE A. ELLIOTT and SHANE A. ELLIOTT, 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. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff c 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 MICHELLE A. ELLIOTT and SHANE A. ELLIOTT, 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 0731, Page 0421. The Limited Power of Attorney is incorporated herein by reference pursuant to Pa.R.C.P. 1019(g). 2. Defendants, MICHELLE A. ELLIOTT and SHANE A. ELLIOTT, are adult individuals whose last known address is 41 DREXEL PLACE, UNIT 41-,1 FOXLEA,NEW CUMBERLAND, PA 17070. 3. On or about,November 26, 2007,the said Defendants executed and delivered a Mortgage Note in the sum of$110,704.00 payable to FIRST HORIZON HOME LOANS, 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 November 27, 2007, in Instrument No. 200744119 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 November 27, 2007 in Instrument No. 200744121 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 Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 41 DREXEL PLACE, UNIT 41-1, FOXLEA,NEW CUMBERLAND, PA 17070 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 May 01, 2014 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $100,399.00 Interest at $16.73 per day $5,119.38 From 04/01/2014 To 02/01/2015 (based on contract rate of 6.0000%) Accumulated Late Charges $106.20 Late Charges $26.55 $238.95 From 05/01/2014 to 02/01/2015 Escrow Deficit $1,649.89 Deferred NSF charges $50.00 Attorney's Fee at 5% of Principal Balance $5,019.95 TOTAL $112,583.37 **Together with interest at the per diem rate noted above after February 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. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant, Shane A. Elliott, by letter dated July 25, 2014 and to Defendant Michelle A. Elliott, by letter dated July 29, 2014, as required by Pennsylvania Act No. 6 of 1974, as amended. Copies of the July 25, 2014 and July 29, 2014, Act 6 Notices are 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 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 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 6.0000% ($16.73 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: - PURCELL, KRUG & HALLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 0062416896 State of Pennsylvania NOTE FHA Case No. November 26th, 2p07 441-8097314-734 f Date) 41 DREXEL PLACE, NEW CUMBERLANDPennsylvania 17070 _ l�v (;. [Property Address] <��<� I.PARTIES "Borrower" means each person s FIRST igning at the end of this HORIZON HOME LOANS. A Note, and the person's successors and its successors and assignsan BANK N•A. d assigns. "Lender" means . DIVISION OF FIRST TENNESSEE 2.BORROWER'S PROMISE TO PAY;INTEREST In return for a loan received from Lender,Borrower promises to a ONE HUNDRED TEN THOUSAND SEVEN HUNDRED FOUR & 0/1he principal sum of Dollars(U.S.$ 110,7p4.00 from the date of disbursement of the loan proceeds by Lender,at the rate of ,plus interest,to the order of Lender.Interest will be charged on unpaid Principal, percent( 6.000 % SIX 3.PROMISE TO PAY SECURED )per Year until the full amount of principal has been paid. Borrower's promise to pay is secured by a mortgage,deed of this Note and called the "Security, Instrument," The Security Instrument protects the Lender from trustor similar security instrument that is dated the same date as Borrower defaults under this Note. 4.MANNER OF PAYMENT m losses which might result if (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each m January lot 2008 An p 2037 ,will be due on that date,which is called the"Maturityal and rest remaining ori the first da of °n� beginning on B) Place Date." Y December Payment shall be made at PO Box 6091 MEMPHIS ' . TN 38101 by notice to Borrower. or at such place as Lender may(C) Amount Y desi gnate in writing ` Each monthly payment of principal and interest will be in the amount of U.S.$ 663.73 will be part of a larger monthly payment required by the Security Instrument, that shall be applied to princ pal,interest and other items in the order described in the Security Instrument. This amount (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note allonge shall be incorporated into and shall amend and supplement the covenants of this thenote i h th Note. [Check applicable box] , the covenants of the e allonge were a part of this ❑Graduated Payment Allonge []Growing Equity Allon e S.BORROWER'S RIGHT TO PREPAY g UOtlter[specify] Borrower has the right to pay the debt evidenced by this Note,in whole or in Of any month.Lender shall accept prepayment on other days provided that Borrower pawithout ys interest on remainder of the month to the extent required by Lender and permitted by regulations of the t on or penalty,on the first day Prepayment, there will be no changes in the due date or in the amount of the monthly the amount prepaid for the those changes, tory.If Borrower makes a partial y payment unless Lender agrees in writing to FHA Pennsylvania Fixed Rate Note.10/95 Wolters Kluwer Financial Services - VMP®-1R(PA)(0707) Q Page 1 of 2 InlUals: V � M141 J 6.BORROWER'S FAILURE TO PAy (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required b Of this Note, by the end of fifteen calendar days after the Y the Security Instrument,as described in p FOUR payment is due, Lender may aragraph 4(C) (B) Default percent( y collect a late charge in the amount of If Borrower defaults by failing to pay in full an 4'°°%)of the overdue amount of each payment the Secretary in the case of Y monthl payment defaults, require immediate p ymentnin he of nthde may,e except, remaining icedb accrued interest.Lender may choose not to exercise this option without waiving its rights to the P e b re many circumstances regulations issued by the Secretary Y regulations of of payment defaults. This Note does not authorize acreleratio lw'hendnot petmiitedrb event of any subsequent due and all "Secretary"means the Secre equine immediatepaymentsecluent default.In Lary of Housing and Urban Development or his or her designeyD regulatioAs usedin ull in m the case (C) Payment of Costs and Expenses If Lender has req aired imm this Note, expenses including r edxate Payment in full,as described above,Lender may require Such fees and Gongs reasonable bear inter nablle and c u om ry date attorneys,fees for ornt enforcing the this Note to the extenot prohibiteds Borrower to costs and 7.WAIVERS same rate as theY applicable law. Borrower and anprincipal of this Note. Y other person who has obligations under this Note waive the rights of presentment and n "Presentment" means the right to require Lender to demand require bender to give notice to other persons that amounts due have not been paid. payment of amounts due. "Notice of dishonor" means of dishonor. nghtio S.GIVING OF NOTICES Unless applicable law r equire's a different method,any notice that must be given to Borrower under this Note will delivering it or by mailing it by first class mail to Borrower at the property given Lender a notice of Borrower's different address. F F nY address above or at a different address if Borrower Any notice that must be given to Lender under this Note will be given .by first class be given by Paragraph 4(B)or at a different address if Borrower is given a notice of that different tclashas 9.OBLIGATIONS OF PERSONS UNDER THIS NOTE ass mail to Lender at the address stated in If more than one person signs this Note,each person is fully and address. Note,including the promise to pay the full amount owed. An Personally obligated is keep all of the promises made in this Obligated to do these things, An Y person who is a guarantor,sure endorser of this Note,is also obligated to keep all of the promises made in this Note•Lender m ty or endorser of this is person who takes over these obligations, including the obligations of a u against each is Note is also the amounts owed undevthi Nlote.or against all signatories together.An rights surety tor o may enforce its rights under this Note Any one person signing this Note may be required to pay all of NATIONAL BANK This is a contract under seal and may be enforced under 42 PA.C.S.Section 5529(b). By SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Note. SHANE A• ELLIOTT (Seal) Borrower (Seal) P--*7••&*H ��_ -Borrower �Vithouttre Mnance Agency (Seal) First Horizon t:ourse -Borrower T@. (� NA. -Borrower (seal) ray J -Borrower (Seal)�FS�E1`'j'IMM DPRESID -Borrower VICE ENT (Seal) -Borrower �' (Seal)0062416896 -Borrower VMPO-1R(PA)(0707) Page 2 of 2 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/H)Number: 13250008002A 1688480 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): SHANE A.ELLIOTT MICHELLE A.ELLIOTT Secured by the real property located at: 41 DREXEL PLACE/UNIT 41-1,FOXLEA/LOWER ALLEN TOWNSHIP NEW CUMBERLAND,PA 17070 Municipality of: TOWNSHIP OF LOWER ALLEN Original Mortgagee: FIRST HORIZON HOME LOAN CORPORATION Original Principal Amount: $110,704.00 County Recorded in: CUMBERLAND Mortgage Recorded:November 27,2007 Instrument#: 200744119 Last Assignment to: PA Housing Finance Agency Instrument.#: 200744121 IN WITNESS WHEREOF,the said Pennsylvania Housing Finance Agency,has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 100) BLASE DATED: October 13,2014 By: P NSYLVANIA HOUSING FINANCE AGENCY 06 Thomas F.Brzana,Jr. Director of Loan Servicing Division COMMONWEALTH OF PENNSYLVANIA COUNTYF DAUPHIN ��� 14 On this,the day o 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. Notary Public commOI`Vdc-111 i14 6F - 14 °ILVANIA Notarial Seal Kimberley A.Ayala,Notary Public City of Harrisburg,Dauphin county My Commission Expires Jan.15,2015 CERTIFICATE OF RESIDENCE OF ASSIGNEE MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES I certify that the principal business and mailing address for this assignment and assignee is: U.S.Bank National Association,c/o PHFA-Loan Servicing Division 211 North Front Street,P.O.Box 15057,Harrisburg, Pennsylvania 17105-5057 Authorized Officer tl 1 w r a ALL THAT CERTAIN lot or piece of land, situate in Lower Allen Township,Cumberland County, Pennsylvania, bounded and described in accordance with the Plan showing Foxlea Residential Community Village One, Phase One,.Section"B", made by Gerrit J. Betz Associates, Inc.,dated November 31, 1978 and last revised February 27, 1979,as recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, on April 17, 1979 in Plan Book 26, Page 50,which plan is herein incorporated by reference as-if hereto attached, as unit number 41in building"F"consisting of 5002 square feet and described on said As Built Plan by meets and bounds which description is likewise herein incorporated herein incorporated by reference.. TOGETHER with all the benefits and rights of easement and enjoyment as expected and reserved by Foxlea Nominee Corp,and Foxlea Enterprises, Inc. in its Deed to Cumberland County National Bank and Trust Company dated'April 21, 1975 and duly recorded in the Office of the Recorder UNDER AND SUBJECT to the covenants, restrictions,easements, charges, liens, terms, rights, agreements, conditions and exceptions,-reservations and exclusions as contained and more fully set forth in Trust Deed between FOXLEA NOMINEE CORP. and CUMBERLAND COUNTY NATIONAL BANK AND TRUST COMPANY dated November 21, 1973 and recorded In the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 25 W'912,'as amended by amendment thereto dated August 26, 1974 and duly recorded in the Office aforesaid in Deed Book 25"T"Page 470, and by Amendment thereto dated April 21, 1975 and duly recorded in the Office aforesaid in Deed Book 26"A" Page 303,and any amendments to the foregoing as may be made from time to time. UNDER AND SUBJECT to the easements and rights granted to public utilities and other rights, covenants and restrictions of record. BEING known and numbered as 41 Drexel Place. PARCEL 13-25-0008-002A-OF-41-1 �. H Pennsylvania Housing Finance Agency Accounting& Loan Servicing 211 North Front Street,P.O.Box 15057 Harrisburg, PA 1 71 05-5 05 7 (800) 346-3597 FAX(717) 780-3853 TTY(717) 780-1869 CERTIFIED MAIL- RETURN RECEIPT REQUESTED 7/25/2014 RE: Account No. 1688480 SHANE A. ELLIOTT 41 DREXEL PLACE/UNIT 41-1 FOXLEA/LOWER ALLEN TOWNSHIP NEW CUMBERLAND, PA 17070 RE: 41 DREXEL PLACE/UNIT 41-1 FOXLEA/LOWER ALLEN TOWNSHIP NEW CUMBERLAND, PA 17070 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter We, Us or Ours) on your property located at 41 DREXEL PLACE/UNIT 41-1, FOXLEA/LOWER ALLEN TOWNSHIP., NEW CUMBERLAND, PA 17070, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $965.00 for 3/2014 through 7/2014 for a total of $4,825.00. Late charges and NSF charges that have accrued to this date in the amounts of $185.85 and $50.00 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$4,295.40. You may cure this default within THIRTY(30) DAYS of the date of this letter, by paying to us the total amount of$4,295.40, 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. FHAACT/dtmdocs/ALSW 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 sheriffps 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 mortgage. 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 lapses 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, Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/P.O. Box 15057 Harrisburg, PA 17105-5057 TLG/ FHAACT/dtmdocs/A LSV/ Pennsylvania Housing Finance Agency Accountin & Loan Servicing ` 211 North Front Street, P.O. Box 15057 Harrisburg,PA 1 71 05-5 05 7 (800)346-3597 FAX(717) 780-3853 TTY(717) 780-1869 NOTICE 7/25/2014 SHANE A. ELLIOTT 41 DREXEL PLACE/UNIT 41-1 FOXLEA/LOWER ALLEN TOWNSHIP NEW CUMBERLAND, PA 17070 RE: Account #1688480 TO: SHANE A. ELLIOTT 41 DREXEL PLACE/UNIT 41-1 FOXLEA/LOWER ALLEN TOWNSHIP NEW CUMBERLAND, PA 17070 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 Phone:888-599-2227 PHILADELPHIA,PA.19125 Phone:888-297-5568 HOUSING ALLIANCE OF YORK DEVELOPMENT PHILADELPHIA COUNCIL OF COMMINITY 34 S.Duke St. ONE PENN CENTER;1617 JFK BLVD;SUITE 1550 Phone::8000-86-86 4-4909 York, -1106 PHILADELPHIA,PA.19103-1828 8 Phone:800-930-4663 TABOR COMMUNITY SERVICES 208 E King St. Lancaster,PA 17608-1676 Phone:717-397-5182 FHAACT/dtmdocs/ALSW 5770SS1 V7R1M0 100423 int Key Output Page 1 PHFASYSI 07/22/14 13:57:09 Display Device . . . QPADEV01HR User . . . . . . . . . . - BLASE SRV860-02 ___ BLASE PERSONAL K PROPERTY DATA D 7/22/14 13:57:08 ---AAAA-- ---------- Loan# 0001688480 nv# 200 — AAAA 'AAAA_AAAA-- Asum: Y Total Due 4295.40 Due 3/01/14 CP: BLASE Msg#1: 64 2: 41 3: UnPaidBal 100720.06 LPR 6/12/14 Borr 1: .SHANE _.,A. ELLIOTT Empl: FAULKNER HONDA AAAA 185-68-9567 Email: SHANEELLIOTT3@YAHOO.COMSal: 0 717-891-7465 Borr 2: On-Line Reg: Y/N Empl: 000-00-0000 Email: . Sal: 0 Prop: 41 DREXEL PLACE/UNIT 41-1 On-Line Reg: Y/N Addr: FO.XLEA/LOWER. ALLEN TOWNSHIP Number of Children: 00 NEW CUMBERLAND. Ages: 00 00 00 Mail: 41 `DREXEL' PL.LACE/UNIT 41-1 PA 1.7:070.'• Seller: Addr: FOXLEA/LOWER ALLEN TOWNSHIP NEW CUMBERLAND PA 17070 Legal Description: F3=Exit F6=Additional Names and Addresses F7=Next Loan Page Dn=Loan Data F8=Prev Loan F12=Return F16=Opt Out Info P4 H c_., zzp "r 3 - Is I Oo w C3 H E-4 co he W Q Nwas°:. r- OUB . .. ✓ m yo 00 � aawa =.ao _ a� z w =�-w_ap. o LL Ir W �l o WRiWU q m o U a y� 6 • C3 EN N ;o Wz IL Q .a @ E Act d Er cn �r w ua IME v �� C®R File M1 o LU cc Q w w LL w OC i 'A'd -- C®R�p®use collector z .. ............................ - -. .._ a a$ f Trrpg CERTIFIED MAILpl PENNSYLVANIA HOUSING FINAI Loan Servicing Division PO Box 15057 Harrisbure 71.96. 113M 9111. 317q 824.Q Tal f.,f.tr n���>.``gid. �yc.,f• �'��r o S n9d �Q f a as V�ress+s0% lbs SHANE OTTZ . n7._ 41 , L PLACE/UNIT 41-1 EA/LOWER ALLEN ;TOWNSHIP NEW CUMBERLAND,PAS' - JUL " . .>..:s Irl ' t r , Pennsylvania Housing Finance A enc Accounting& Loan servicing 211 North Front Street, P.O.Box 15057 Harrisburg, PA 1 71 05-5 05 7 (800) 346-3597 FAX(717) 780-3853 TTY(717) 780-1869 CERTIFIED MAIL- RETURN RECEIPT REQUESTED 7/29/2014 RE: Account No. 1688480 MICHELLE A. ELLIOTT 2180 VALLEY ROAD ENOLE, PA 17025 RE: 41 DREXEL PLACE/UNIT 41-1 FOXLEA/LOWER ALLEN TOWNSHIP NEW CUMBERLAND, PA 17070 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter We, Us or Ours) on your property located at 41 DREXEL PLACE/UNIT 41-1, FOXLEA/LOWER ALLEN TOWNSHIP., NEW CUMBERLAND, PA 17070, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $965.00 for 3/2014 through 7/2014 for a total of $4,825.00. Late charges and NSF charges that have accrued to this date in the amounts of $185.85 and $50.00 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$4,295.40. You may cure this default within THIRTY(30) DAYS of the date of this letter, by paying to us the total amount of$4,295.40, 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 mortgaaeed properly. — 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. FHAACT/dtmdocs/ALSW 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 sheriffps foreclosure sale You may do so by paying the total amount of the unpaid monthly a ments and any late or other char es then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mort a 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 lapses 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, tPXWW , 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 A enc Accountin & Lean Servicin 211 North Front Street,P.O.Box 15057 Harrisburg,PA 1 71 05-5 05 7 (800)346-3597 FAX(717) 780-3853 TTY(717) 780-1869 NOTICE 7/29/2014 MICHELLE A. ELLIOTT 2180 VALLEY ROAD ENOLE, PA 17025 RE: Account #1688480 TO: MICHELLE A. ELLIOTT 41 DREXEL PLACE/UNIT 41-1 FOXLEA/LOWER ALLEN TOWNSHIP NEW CUMBERLAND, PA 17070 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 2000 LINGLESTOWN RD. NACA HARRISBURG, PA.17110 1341 N DELAWARE AVE;SUITE 312 Phone:888-599-2227 PHILADELPHIA,PA.19125 Phone:888-297-5568 HOUSING ALLIANCE OF YORK DEVELOPMENT PHILADELPHIA COUNCIL OF COMMINITY 34 S.Duke St. York,PA 17401-1106 ONE PENN CENTER;1617 JFK BLVD;SUITE 1550 Phone:800-864-4909 PHILADELPHIA,PA.19103-1828 Phone:800-930-4663 TABOR COMMUNITY SERVICES 208 E King St. Lancaster,PA 17608-1676 Phone:717-397-5182 FHAACT/dtmdocs/ALSW 5770SS1 V7R1M0 1004 Print Key Output 23 PHFASYSi ^e 1 07/25/14 Display Device . . QPADEVOIHS User . . . . . . . : BLASE SRV860-02 _ BLASE - - PERSONAL & PROPERTY DATA c 7/25/14 Loan# 000168848Ct16:05:06 µ-- Inv# 200 -'---____ CP: BLASE Asum: Y Total Due 4295.40 Due 3/01/14 _ - Msg#1r 64 2: 41_3t 36 _UnPaidBal_ 100720.06 LPR 6/12/14 Borr Empl: Email Borr 17-891-7465 Empl: Email Props Addr: 00 Mail: o: ON 00 00 Addr: Cc EEi � � Y e+: Er 11-4 Legal r' 14 0 Ln �+ 00 y a _ga v n F3=Ex d� cc� Page '� �W� 00 tiLi m ate^ aD o >ko 14 Cc 0 C3 x o WW _ E � a m' Ir H c-I Z "Z c n U ir ¢ N .�" Q N W W Mwon UJ E z a w V •� ? IJ. `o UA iRw �„ L �g ® CO) a cr¢� oz i z� f --z-Act Letter Fila CBA Collector s —CBR Spouse initials • - F t I i 1 f Emff-MW PENNSYLVANIA HOUSING FINql a J Loan Servicing Division PO Box 15057 0 £ o. Hanisbur. ..v ri i 7]i9I� 9Q�8r. 4Ul 37.79 150 - MICHELLE MICHELLE A ELLIOTT 2180 VALLEY ROAD ENOLA, PA 17025xT := . 1.7'6 .. & / � � ' Department of Defense Manpower Data Center. Results as of:Nov-11-2014 02:42:18 PM ^' Z SCRA 3.0 `f Stat i' Punt to Sery'cemen"!b,d Civil Relief Act Last Name: ELLIOTT First Name: SHANE Middle Name: A_ ` Active Duty Status As Of: Nov-11-2014 Active D Active On Active D ury Start Date Status Date Active Duty.End Date - -- NA Status NA + ServiceComponent This response retlecfs`the individuals active du status ba"sed on No - �;r,? _ i i r t the Active D -Status Date NA Left Active D within 387 D s of Acfive Du Active D Start Date - � Status Date Active D End Date - NA a - Status -:NAS' ,.�_.� �.`= -- , Service Com nent se reflects' .. J?No . This res where the individual left active duty`status withm�387 da -_ NA recede the -77 a Status Status Date._ l, i The Member or His/Her Unit was Notified of a Future Call-U to Active Du j Order Notification Start Date on Active D Status Date Order Notification End Date NA NA...,- �._ ...,,.- Status ,a Service Cornponent This res nse reflects No whether itielndmdual or his/her unit has receuty ived ea NA r ., notificafion to i rt for active d fj Upon searching the data banks of the Department of Defense Manpower Data Center based on the information that the individual on the active duty status date as to all branches of the Uniforned-Services(Ar`my,Navy,Marine Corps,Air Force,NOAH,Public Coast Guard). This status incudes information on a Servicemember or his/her unit receiving notification of future orders to o Force, for you Provided,the bove 1s the status of Health,and 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 ar personal knowledge and upon information and belief. P e true and correct upon my I understand that false statements herein are made subject to th Section 4904 relating to unsworn falsification to authorities. e Penalties of 18 Pa. C.S. PENNSYLVANIA HOUSING FINANCE AGENCY, Attorney-in-Fact for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Dated-------------- By Thomas 7F. 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 ELLIOTT 1688480 P01455/42527-14