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HomeMy WebLinkAbout15-0133 Supreme Court, of Pennsylvania Court.ofCorn.m.on Pleas For Prothonotary Use Only: Ci.vil C -y-er*.Sh6e Docket No: County b(S-& The information collected on this form is used sole1j,for court administration purposes. This form does not —supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S E Complaint El Writ of Summons El Petition E E] Transfer from Another Jurisdiction [:] Declaration of Taking C Lead Plaintiff's Name: Ve S- BANK NATIONAL Lead Defendant's Name: vNk� ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA L T HOUSIN6 FINMCE AaENeY Dollar Amount Requested: Owithin arbitration limits Are money damages requested? El Yes El No (check one) Eloutside arbitration limits 0 Yes N Is this a Class Action Suit? E] ED No Is this an MDJAppeal? I 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) -Natu re-of the Case-:--Place-an-'-'.X"-to-the-left-of-the-O.N.E-case-categor-y-that-most-accurately-describes your--- PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional [I Buyer Plaintiff Administrative Agencies E] Malicious Prosecution El Debt Collection: Credit Card El Board of Assessment 0 Motor Vehicle E] Debt Collection: Other E] Board of Elections E] Nuisance El Dept.of Transportation E] Premises Liability El Statutory Appeal:Other S EJ Product Liability(does not include mass tort El Employment Dispute; IF, El Slander/Libel/Defamation Discrimination C El Other: n Employment Dispute:Other 0 Zoning Board T El Other: I E] Other: O MASS TORT 0 Asbestos N n Tobacco E] Toxic Tort-DES E] Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste El Ejectment 0 Common Law/Statutory Arbitration B Other: Ej Eminent Domain/Condemnation E]Declaratory Judgment El Ground Rent Ej Mandamus El Landlord/Tenant Dispute El Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure:Commercial Quo Warranto [-I Dental Partition 0 Replevin E] Legal Quiet Title El Other: E] Medical Other: 0 Other Professional: Updated 11112011 F. _ .. Leon P. Haller,Esquire J1 J 1,�, - . 19 Purcell,Krug&Haller 1719 North Front Street 1 U;s.F Y ' Harrisburg, PA 17102 r 'i'. r =_g i s i t 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 DARLENE L. ANDERSON, 4— Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after the Complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS,ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 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 J CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 �s 7j?d 717-249-3166 0— CI� �� 3 T1) �, III 9-% 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 DARLENE L. ANDERSON, Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 and as amended by Supplemental Indenture of Trust dated March 1, 2007, is acting through the Pennsylvania Housing Finance Agency ("Agency"), its appointed Limited Power of Attorney, with an address of 211 North Front Street, Harrisburg,Pennsylvania 17101. The Limited Power of Attorney executed October 4, 2006 between the Plaintiff and the Agency is recorded in the Recorder of Deeds Office of the within County and Commonwealth on October 11, 2006 in Book 0731, Page 0421. The Limited Power of Attorney is incorporated herein by reference pursuant to Pa.R.C.P. 1019(g). 2. Defendant, DARLENE L. ANDERSON, is an adult individual whose last known address is 325 JUNIPER STREET, CARLISLE, PA 17013. 3. On or about, May 18, 2007, the said Defendant executed and delivered a Mortgage Note in the sum of $98,455.00 payable to PHILADELPHIA FINANCIAL MORTGAGE a division of LEESPORT BANK, which Note is attached hereto and marked Exhibit"A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on May 30, 2007 in Mortgage Book 1993, Page 4322 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 May 30, 2007 in Mortgage Book 0737 Page 1566. The Mortgage was further assigned to U.S. BANK,NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on March 8, 2013 instrument number 201315006. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 325 JUNIPER STREET, CARLISLE, PA 17013 and is more particularly described in Exhibit`B"attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on April 01, 2014 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $85,215.51 Interest at$13.02 per day $4,348.68 From 03/01/2014 To 02/01/2015 (based on contract rate of-5.5000%) Accumulated Late Charges $664.92 Late Charges $21.67 $219.70 From 04/01/2014 to 01/01/2015 Escrow Deficit $184.07 Attorney's Fee at 5% of Principal Balance $4,260.78 TOTAL $94,893.66 "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 by letters dated July 29, 2014, as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the July 29, 2014, Act 6 Notices is attached hereto and marked Exhibit"C". 9. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 10. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Service Members Civil Relief Act, as amended. A copy of the website report from the Department of Defense Manpower Data Center, confirming non-active military duty is attached as Exhibit"D". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.5000% ($13.02 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: PURC L,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) 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 DARLENE L. ANDERSON, Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S-.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint.. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30)-days after your receipt-of this,notice disputes the validity of the aforesaid debt or any portionthereof owirigao 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 Boom 01 Number; 124007043 NOTE -'7 FHA CASE NO. 441-7940407 ' i MAY 18, 2007 t ED-) 325 JUNIPER STREET, CARLISLE, PENNSYLVANIA 17013 M.Pc d Address] L PARTIES 'Borrowa'mant each person signing at the end of this Note,and the person's successors and assigns.'Lcndu"mean PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, A PENNSYLVANIA BANKING CORPORATION and its succcsmrs and assign', 2. BORROWER'S PROMISE TO PAYi Dri'EREST In return for a loan received from(soder,Borrower promises to y the principal sum of NINETY-EIGHT THOUSAND FOUR HUNDRED FIFTY-FIVE AND 0000 Dollars (U.S.S 9 B,455.00 ),plias interest,to the order of Lender. Interest will be charged on unpaid principal, from the date of dubursomem of the loan proceeds by lander,at the rate of FIVE AND 500/1000 pareem( 5.500 %)Per yar until the full amount of principal has been paid. 3. PROMISETO PAY SECURED Borrower's promise to pay is secured by a mortgage,decd of trust or similar security Instrument that is dated the same date at this Note and called the'Sccority lastnaman0 The Security lrubument promets the Lender from louts which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lander on the first day of each month beginning on JULY 1, 2007 .Any principal and Interest remaining on the ftrstdsy of JUNE 1, 2037 ,will be due on that&is,which is called the"Maturity Dam.' (B) Place Payment shall be made at 1757 SENTRY PARKWAY WEST, SUITE 220, BLUE BELL, PENNSYLVANIA 19422 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be In the amount of U.S.S 559.02 This amount will be part of a larger monthly payment required by the Security bamareent,thu shall be applied to principal, Interest art other items la she order deseno d in the Security Inshumem. (D) Mlonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note,the eoveaatxs of the anongt shall be Incorporated into and shall amend and supplement the covenants of this Note as If the alloage were a part of this Nate. (Check applicable box.) ❑Growing Equity Allonge ❑Graduated Payment AEonge ❑Other(apeeify) S. BORROWER'S RIGHT TO PREPAY Borrowm has the right to pay the debt evidenced by this Nae,In whole or In part,without charge or penalty,on the fust day of any month. Leader shall accept prepayment on other 4ayaprovided diet Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by leader and permitted by regulations of the Socretary,if Borrower - makes a partial pnpaymem,there will be no changes in the due date or In the amount of at monthly payment unless Lender agrees in writing to those'changes,s1MTLSrArSFM Fnrrp PATE Nora(4tsa) w w synw,u..mm«s.uu Age I of 2 (I Et We— J� f 6. BORROWER'S FAILURE TO PAY i (A) Late Charge for Overdue Payments If Leoda has not received the full monthly payment required by the Secur(ly Instrument,as described in Paragraph 4(Q of this Now,by the cod of fifteen calendar days after me payment Is due,Lender may collect a lam charge m the amount of l FOUR AND 0OD/1000 perocbt( 4.000 %) ' of time overdue amount of each payment, (B) Default If Borrower defanits by failing to pay is full any monthly payment,tbm Lender may,except as limited by regulations of the Secretary in the case of payment defaults,requite immediate payment in fail of the principal balance remaining due and all accrued interest. Lender.maychoose not to txtmiae this option without waiving its rights in the event of any subsequent default. In many circnmsunces regulation.;issued by the Secretary will limit Isnder's rights to require immediate payment in full in the case of payment defaults. This Note does not aumhorixe acceleration when not permitted by HUD regtda6les. As used in this Nom,'Secretary'meant the Sccrcury of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in fun,as described above,Lender may require Borrower to pay cons and expenses including reasonable and customary atmmmys'fees for enforcing this Note to the extent not prohibited by applicable law.Such fees and costs shall bear interest from the dale of disbursement at the same me as the principal of this Note. 7. WAIVERS . Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Prenecrocnt'means the right to require Leader to demand payment of amounts due. 'Notice of dishonor'means the right to require Leader W give notice to other persons that amounts due have of been paid, g. GiVO4G0FNOTICPS Unless applicable law requires a different method,any notice that must be given to Borrower under this Note witlbe given by delivering it or by mailing it by first class matt to Borrower at the property address above or at a different address if , Borrower oar given Lender a amlm of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B)or at a different address If Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep ml of the promises made In this Note,including the promise to pay,the full amount owed. Any person who is a guarantor,surety or eodorser of this Note is elm obligated to do these things. Any person who ukes over these obligations, including rhe obligations of a m guattor, =rely or endorser of this Nota,is also obligated to keep all of the prom@eg made in this Now. Lender may enforce Its rights under this Note against each person individuallyor against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. .-_BY SIONINO BELOW,Borrowev accepts Ann'dJd agrees to the terms and covenants contained in pages I and 2 of this Note. _,�si2LIsNE L WOODAI L Bor war. Borrower (Seal) (Sea]) -Borrower -Borrower (Seat) (Sam) -Borterwer -Borrower WMT=AT8-FHA FDCM RA'r'E NUDE(Wid) - mxa�.a a»s,s.w.tura us.uat Page 2 of 2 I ALLONGE Loan Number. 124007043 1 Loan Dace:MAY. 18, 2007 Borrower(s): DARLENE L WOODALL I Property Address:325 JUNIPER STREET, CARLISLE, PENNSYLVANIA 17013 1 I I Principal Balance$98,455.00 PAY TO THE ORDER OF - pgRNSYLVARIA ROUSING FINANCE AGENCY Without Recourse Company Name: PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK 1 >�C/f J HDRTGAGE UNDERWOTING HAH M BY` (Tido) (Nafie) DENISE DIGIDVARNI N.OLTISTATE NOTE ALLONGEN+e��'S` d 03/08/07 NMw � �,.. �sema�aeaavava LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected,situate in the Second Ward of the Borough of Carlisle,Cumberland County, Pennsylvania,bounded and described as follows: / BEGINNING at a point on the southern side of Juniper Street at the Northeast corner of Lot No 1 i A in the hereinafter mentioned plan of Lots which point is located 120 feet from a concrete marker on the southerly side of Juniper Street; thence North 20 degrees 40 minutes East along Juniper Street a distance of 30 feet to a point at the northwestern comer of Lot 12A as shown said plan of lots;thence South 69 degrees 13 minutes East along Lot No. 12A a distance of 125.30 feet to a point at lands now or formerly of Lightner; thence South 20 degrees 54 minutes West along land now or formerly of Lightner,a distance of 30 feet to a point at the southeastern corner of Lot No 11 A as shown on said Plan of Lots; thence North 69 degrees 13 minutes West along Lot No I 1 A a distance of 125.24 feet to a point on the southerly side of Juniper Street being the point and place of BEGINNING. BEING all of Lot No. 12 on a Subdivision Plan for Section No. 1 of Willow Crossing as recorded in Cumberland County in Plan Book 25, Page 90. PARCEL 403-22-0485-105 I 8 19 9:3 PG 4 3 3 2 i Pennsylvania Housing Finance Ageri .counting&Loan Servicing 211 North Front Street,P.O. Box 15057 Harrisburg,PA 17105-5057 (800)346-3597 FAX(717) 780-3853 TTY(717) 780-1869 CERTIFIED MAIL- RETURN RECEIPT REQUESTED 7/29/2014 RE: Account No. 1579754 DARLENE L. ANDERSON PO BOX 694 CARLISLE, PA 17013-0694 RE: 325 JUNIPER ST CARLISLE, PA 17013-2525 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by U.S. Bank National Association (hereinafter We, Us or Ours) on your property located at 325 JUNIPER ST, CARLISLE, PA 17013-2525, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,040.00. for 4/2014 through 7/2014 for a total of $4,160.00. Late charges and NSF charges that have accrued to this date in the amounts of $735.66 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $7,814.69. You may cure this default within THIRTY(30) DAYS of the date of this letter, by paying to us the total amount of$7,814.69, 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. `ti► v� v FHAACT/dtmdocs/ALSV/ 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 sheriff Ps 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/ FH AACT/dtmdocs/ALSW Pennsylvania Housing Finance Agen _ _:ounting & Loan Servicing 211 North Front Street, P.O.Box 15057 Harrisburg,PA 17105-5057 (800)346-3597 FAX(717) 780-3853 TTY(717) 780-1869 NOTICE 7/29/2014 DARLENE L. ANDERSON PO BOX 694 CARLISLE, PA 17013-0694 RE: Account #1579754 TO: DARLENE L. ANDERSON 325 JUNIPER ST CARLISLE, PA 17013-2525 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, .you can call HUD's toll free number (800) 569-4287 for financially distressed mortgagors for information concerning HUD-approved housing counseling agencies. Attachment: Housing Counseling List FHAACT/dtmdocs/ALSW *** PLEASE BE SURE THE AGENCY OF YOUR CHOICE SERVICES YOUR COUNTY *** CCCS OF WESTERN PA-HARRISBURG NACA 2000 LINGLESTOWN RD. 1341 N DELAWARE AVE;SUITE 312 HARRISBURG,PA.17110 PHILADELPHIA,PA.19125 Phone:888-599-2227 Phone:888-297-5568 HOUSING ALLIANCE OF YORK PHILADELPHIA COUNCIL OF COMMINITY DEVELOPMENT 34 S.Duke St. ONE PENN CENTER;1617 JFK BLVD;SUITE 1550 York,PA 17401-1106 PHILADELPHIA,PA.19103-1828 Phone:800-864-4909 Phone:800-930-4663 TABOR COMMUNITY SERVICES 208 E King St. Lancaster,PA 17608-1676 Phone:717-397-5182 FH AACT/dtmdocs/A LSV/ I; 2. Article Number Ii COMPLETE • ONDELIVERY• f I: A. Received by(Please Print Cleariy) B. Date of Delivery 71, V _ W O C. Signature O N ~ I; 7196 9008 9111 3179 8639 X Agent Q. --w El Addressee 0 ; W Q i. D Is delivery address different from Item 1? ❑Yes U V+ 0 If YES,enter delivery address below. []No O �W Q W i; 3. Service Type CERTIFlED MAILTMcc ' (� 0. I; 4. Restricted Delivery?(Extra Fee) QYes O L CQ 1. Article Addressed to: W a Z N t V O fe DARLENE L ANDERSON Z Q i= 325 JUNI PER STCD IL .� 0 CC = V� = CARLISLE, PA 17013 M i- 'a I.. Ea. it '.0W W t O Co 0 i 1579754 GORYL a ft .. r p• " PS.F3g11,January 2005 Domestic Return Receipt iE --------------- . 0 V. 4 01 3d0-13AN3 •d0I IV HEINOUS 30V-1d I .. .__.......__._.._.__. n'_______________________________________________--:---------------._.... ......................... I I C i; 2. Article Number COMPLETE THIS SECTIONON 0-qI� A. Received by(Please Print Clearly) B. Date of Delivery O V O �P Pr li C.Signature D CD 3 P O W 0 b ❑Agent i ++ Q H X Addressee 79 8851 m O W I, 7196 9��8 9111 31 D. Is delivery address different from Item 11? ❑Yes I U -z LU Ita If YES enter delivery ryaddress below: No ry O W L- I 3. Service Type CERTIFIED MAILTu r (� I; 4. Restricted Delivery?(Extra Fee) [:]Yes i CID IL J 1. ArticI16 Addressed to: V O` ` i; DARLENE L ANDERSON ! c_ GSC N B i PO BOX 694 •N m Z °' = '� 17013 L � N I CARLTSLE, PA O @..... 't3 F- •,i H QCD ® 15.7 9754. GORYL i .x 401� i PS Form 3811,January 2005 Domestic Return Receipt t 0�1 r D3 D'OmmWmmW 0r 00 yW m a a"3aa0aa0 '00 Om b II b 0.w m o w z 7 w V '7 •• Ol ;o< m md 7 W 7 9 W 7 w W 7 7 <m C C ut X W .. .. W.. W r 0\ Vl W J C"• N.. W p c.o m to V 7 rt o 0 To o n m D O•D .N o. {o o Y N r (A .p X Ut W .t7 r o N su< r on r, by.�. w. i 1�, .N— Orr• Ln C ..< 7196 9008 9111 3179 8851 o! 7196 9008 9111 3179 8639 a i TO: I Y®' DARLENE L ANDERSON j DARLENE L ANDERSON 325 JUNIPER ST i PO BOX 694 # 7013 CARLISLE, PA 17013 . CARLISLE,PA 1 i 1 � f E SENDER: ' SENDER: GORYLGORYL i ! REFERENCE. REFERENCE: 1579754 i 1579754 i PS Form 3800 January 2005 PS Form 3800 January 2005 RETURN Postage ' RETURN Postage RECEIPT RECEIPT Certified Fee i SERVICE. Certified Fee SERVICE Return Receipt Fee Return Receipt Fee i Restricted Delivery i Restricted Delivery j Total Postage&Fees T Total Postage&Fees 17 l USPS° POSTQAFi ORD ! USPS'' Pr0�5P ARK 0� , I " Receipt for Receipt for j Mail-Certified No Insurance Coverage Provided ' No insurance Cerage Providedov { Do Not Use for International Mad �- �• ' I Do Not'Use for International Mad -. .. _ .. �....y.�_........_...._ 00 Ln r W o r N r+ -P,r v t � y !m j lk ''4 Department of Defense Manpower Data Center Results as of:Jan-05.201512:52:21 PM SCRA 3.0 °}zE Status Report {E Pursuant to Servicemembers Civil Relief Act Last Name: ANDERSON First Name: DARLENE Middle Name: L Active Duty Status As Of: Jan-05-2015 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date i Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Dale 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 hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,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. �' 11111(01414— r 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 By Thomas F. Brzana, Jr., Director of Loan Servicing for the Pennsylvania Housing Finance Agency, Attorney-in- Fact for U.S. Bank National Association, as Trustee for the Pennsylvania Housing Finance Agency ANDERSON 1579754 P01455/42278-14 [tai �r°�}! —7 P ; 2= i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA" 't'EN'iSYLVt1� IA Plaintiff(s) VS. ao�s 3 Defendants) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Leon P. H:aller / Jill M. Wineka Attorney.. for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 157 0a / 58802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA v Plaintiff(s) VS. Defendant(s) ``lb 0— S�Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMERIPRIMARY APPLICATION Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ No❑ Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied: Yes❑ No❑ Mailing Address(if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State:. Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy?Yes❑ No❑ If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other Prop.Payment Install.Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: f , A Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION 1/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date. Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement(if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed