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HomeMy WebLinkAbout15-0210 Supreme Court of Pennsylvania Court:of.Common'Pleas For Prothonotary Use Only: C101-Cover:She Docket Noy ' ' county _ Q� The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S [D Complaint 0 Writ of Summons 0 Petition Q Transfer from Another Jurisdiction [3 Declaration of Taking E C Lead Plaintiffs Name: U, S. BANK NATIONAL Lead Defendant's Name- ASSOCIATION. AS TRUSTEE FOR THE PENNSYLVANIA '' � , Y...�t T Dollar Amours Requested: []within arbitration limits Z Are money damages requested? 0 Yes No (check one) Eoutside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes Q No A Name of PlaintifflAppeliant's Attorney: Leon P.Haller 1 Jill M.Wineka Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) ....._-Iatu.r-e..ofthe C.ase-:—.Place-an°_X"-to-the-left-of-the-ON-E-case-category-that-most.accurate.ly-describesyour--- 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 0 Buyer Plaintiff Administrative Agencies [Q Malicious Prosecution 0 Debt Collection:Credit Card ( Board of Assessment Motor Vehicle in Debt Collection: Other �] Board of Elections 0 Nuisance 0 Dept.of Transportation n Premises Liability 0 Statutory Appeal:Other S 0 Product Liability(does not include E mass tort) Employment Dispute: Slander/Libell Defamation Discrimination C 0 Other: 0 Employment Dispute:Other 0 Zoning Board T0 Other: I © Other: o MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES n Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS I Toxic Waste Q Ejectment 0 Other: 0 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal Quiet Title 0 Other. 0 Medical 0 Other: n Other Professional: Updated 1/1/2011 Leon P. Haller, Esquire ,• - Purcell, Krug&Haller , 1.719 North Front Street 12 � 1 10: 26 Harrisburg, PA 17102I: F • ,;,� ;;;TY 717.234.4178 r JYLi't+,;,COja mtg@pkh.com U.S. BANK NATIONAL ASSOCIATION,AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING OF CUMBERLAND COUNTY,PENNSYLVANIA FINANCE AGENCY, Plaintiff CIVIL ACTION-LAW vs. ACTION OF MORTGAGE FO.RECLOuf'L�o JOEY L. WILKINSON AND THE UNITED STATES O S ' OU a(O "t-t. -� a OF AMERICA, Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO!OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after the Complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS,ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED,0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA,EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES,LA COUTE PUEDE, SIN NOTIFICARIO,DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION,ES POSSIBLE QUE USTED PUEDA PERDER DINERO,PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO,LLAME AL"LAWYER REFERENCE SERVICE"(SERVICIO DE REFERENCIAQ DE ABOGADOS),(215)238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE ahc4 � !/s-7 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 Lei aUDYsp 717-249-3166 �- 31S(48 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 JOEY L. WILKINSON AND THE UNITED STATES OF AMERICA, 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, JOEY L. WILKINSON, is an adult individual whose last known address is 310 GREASON ROAD, CARLISLE, PA 17015. 3: The United States of America is a nation located on the continent of North America. 4. The United States of America is herby joined as a party in accordance with the previsions of the Act of Congress of the Untied States of June 25, 1948, c.646, 62 Stat. 972, as amended, 28USCA Section 2410, and for the reason that the,United States of America may allege'to have an interest in the premises subject to the Mortgage herein on account of said tax lien. The United States of America is being joined herein for the purposes of having any liens discharged which it may have pursuant to PUB.L. 89-719, Title I. Section 109,November 2d. 1966, 80 Stat. 1141, as amended 26 USCA Section 7425. 5. On March 4, 2010 the United States of American filed a tax lien against the Defendant, JOEY L. WILKINSON in the amount of$3,647.02 for the income taxes due by the aforesaid Defendant for the periods ending December 31, 2006. Said lien is further identified as Serial No. 627990610, Identification No. XXX-XX-4096. Said lien is indexed to Judgement Docket No. FLT 10-1517. A copy of the Tax lien being attached hereto and made a part hereof as Exhibit"A". 6. On or about, May 13, 1992,the said Defendant executed and delivered a Mortgage Note in the sum of $48,993.00 payable to NATIONSBANC MORTGAGE CORPORATION OF VIRGINIA, which Note is attached hereto and marked Exhibit`B". 7. 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 13, 1992 in Mortgage Book 1066, Page 540 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to CORESTATES BANK, N.A., and was recorded in the aforesaid County on May 13, 1992 in Mortgage Book 418, Page 429. The Mortgage was further assigned to MELLON BANK,N.A., and was recorded in the aforesaid County on October 31, 1996 in Mortgage Book 533, Page 918. The Mortgage was further assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on June 24, 1996 in Mortgage Book 617, Page 55. 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"C". The said Mortgage and Assignments are incorporated herein by reference. 8. The land subject to the Mortgage is: 310 GREASON ROAD, CARLISLE, PA 17015 and is more particularly described in Exhibit"D" attached hereto. 9. The said Defendant is the real owner of the property. 10. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on December 01, 2013 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $29,953.41 Interest at$3.33 per day From 11/01/2013 To 02/01/2015 .. $1,521.81__ . (based on contract rate of 4.0000%) Accumulated Late Charges $191.52 Late Charges $13.76 $192.64 From 12/01/2013 to 02/01/2015 Escrow-Deficit . ..,: $1,875;76, . Attorney's Fee at 5% of Principal Balance $1,497.67 TOTAL $35,232.81 "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. 11. Notice of intention to foreclose and totaccelerate the loan balance was sent to the Defendant by letters dated May 14, 2014, as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the May 14, 2014, Act 6 Notices is attached hereto and marked Exhibit "E". 12. 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. 13. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him 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"F". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" f total amount due together with interest at the rate of 4.0000% ($3.33 per diem), or the aforementioned costs including escrow advances incidental thereto to the date of Sheriff s Sale anogether with other charges and the property within described, d for foreclosure and sale of 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) U.S. BANK NATIONAL ASSOCIATION, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW JOEY L. WILKINSON AND THE UNITED STATES ACTION OF MORTGAGE FORECLOSURE OF AMERICA, Defendant THE FOLLOWING NOTICE IS BEING pROVIDED COLLECTION PRACTICES ACTI SRU.S.0NT TO TIS FAIR DEBT . 1601 The undersigned attorney is attempting to collect a debt owed to the information obtained will be used for that purpose. The amount of Plaintiff, and any Complaint. Plaintiff is the creditor to whom the debt is owed. Unless (30) days after your receipt of this notice disputes the debt is stated in this Portion thereof owing to the Plaintiff, the disputundersigned the Debtor, within thirty putes the validity of the aforesaid debt or any valid. If the Debtor notifies the undersigned attorney in wring with the period that the aforesaid debt, or an attorney will assume that said debt is said thirty(30) day obtain written verification of the said debt from the Plaintiff and Y portion thereof, is disputed, the undersigned attorney shall written request by Debtor to the undersigned attorney within said thi ) day period, the undersigned attorney will provide debtor with mail same to Debtor. Upon different from the current creditor. the name and address of therty 0orig nal creditor if PURCELL, KRUG& HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff 2447 Department of the Treasury - Internal Revenue Service Form 668 M(c) Notice of Federal Tax Lien 2004) Mev-February 2004) Area: Serial Number For Optional Use by Recording Office SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913-6050 627990610 /() — As provided by section 6321, 6322, and 6323 of the Internal Revenue t Code, we are giving a notice that taxes (including Interest and penalties) 19•0*0 have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, +(x--d /301 4? there Is a lien in favor of the United States on all property and rights to property belongfng to this taxpayer for the amount of these taxes, and additional penalties, Interest, and costs that may accrue. Name of Taxpayer JOEY L WILKINSON Residence 310 GREASON RD CARLISLE, PA 17015-9476 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e),this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Tax Period Date of Last Day for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refiling of Assessment (a) (b c) d e 1040 12/31/2006 XXX-XX-4096 05/28/2007 06/27/2017 3647. 02 o C= . 2 s� o N CO Place of Filing Prothonotary Cumberland County Total $ 3647 .02 .Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI ,.on this, the 23rd day of February 2010 Signature A Title REVENUE OFFICER 22-06-1418 for JAKOB PEDERSEN (717) 777-9621 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev.Rul. 71-466, 1971 -2 C.B.409) Form 668(Y)(c) (Rev. 2-2004) Part I -Kept By)Recording Office CAT.NO 60025X li t/ \' * ,\" -�— rum � n � — ^3 I u: cj ✓ FHA Case No. Multistate_ NOTE 441_443104-4 PAPA APPLICATION # 192655 LOAN # 192655 310 GREASON RD. , CARLISLE , PA 17013 [Property Address] 1. PARTIES 'Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means NATIONSBANC MORTGAGE CORPORATION OF VIRGINIA and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender,Borrower promises to pay the principal sum of FORTY EIGHT THOUSA1t11, NINE HUNDRED NINETY. THREE AND NO /100 Dollars (U.S. $ 48 ,993.0 0 }, plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of E I G H T AND F I F T E E N ONE HUNDREDTHS percent( 8. 150 k) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument" That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on JULY 1 , 1992 . Any principal and interest remaining on the fust day of JUNE , 2022 , will be due on that date,which is called the "Maturity Date." (B) Place Payment shall be made at 201 EAST CARY STREET, RICHMOND, VIRGINIA 23219-3736 or at such other place as Lender may designate in writing by not cP to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of$ 364.6 3 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] Graduated Payment Allonge❑Growing Equity Allonge❑Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. 211A,(10/91) Page 1 of 2 FHA Multistate Fixed Rate Note-2191 �6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of four percent( 4 %)of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may., except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right-to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given. by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. �vi \ A I 1 , �t� 1 f�.�� (Seal) �� �� ���_- (Seal) �� V SBoriower,..�OFyY�L, WILKINSON -Borrower O•: (Seal) -Borrower -Borrower 2118(to/st) Page 2 of 2 FHA Multistate Fixed Rate Note-2/91 Record 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: 46201778006 424333 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): JOEY L. WILKINSON Secured by the real property located at: 310 GREASON ROAD,CARLISLE,PA 17015 Original Mortgagee: NATIONSBANC/MARGARETTEN Municipality of TOWNSHIP OF WEST PENNSBORO Original Principal Amount: $48,993.00 County Recorded in: CUMBERLAND Mortgage Recorded: May 13, 1992 Record Book: 1066 Page: 540 Last Assignment to: PA Housing Finance Agency Record Book: 617 Page: 055 IN WITNESS WHEREOF,the said Pennsylvania Housing Finance Agency,has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 028,PHFA) (BRESLIN] DATED: March 10,2014 By: PENNSYLVANIA HOUSING FINANCE AGENCY Thomas F.Brzana,Jr. COMMONWEALTH OF PENNSYLVANIA Director of Loan Servicing Division COUNTY OF DAUPHIN On this, the Lj . day of2014,, 2014, 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 ! COMMONW z iLTi4 OF PENNSYLVANIA Notarial Seal I tiPENNSyLVAr rley A.Ayala Notary public CiHarrisburg,Dauphin County Emy mission Expires Jan.15,2015 CERTIFICATE OF RESIDENCE OF ASSIGNEE MEMBER, T-a,RSStJ7a17ON 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,Penns ]vania 17105-5057 Authorized Officer ALL that certain tract or parcel of land situate in Creason, Neat Pennabora ?otimship, Cumberland County, Pennsylvania, mora particularly bounded and described as follows BEGINNING at a point on the Neaterly line of Shippensburl Road, which point is 254 feet South of the center line of Pennsylvania Ruilroad tracks and at southerly line of land now or late of- John J. Amaley and Catherine B. Amalay, his Wife; thence "long tha Westerly line of Shiphensburs itond, South 22 degreee 00 minutes East 31 feet to a point at northerly line of land now or lata of Hugh Burgett; thence along same. South 61 degrees 27 minutes West 200 feat to a point on the Easterly line of Orunge Alley, Horth 22 degrees 4i minute Weat 40 feet to a point at southerly line of the Aaaley property aforesaid; thence along sums, North 68 degrees 0Q �a nutes East 200 feet to a point, the Plate of AEClNNIXG. SUNJECT to the Name rights. privileges, agreements, rights-ofways, eaaesocnts, conditions, exctptions, restrictions, and reservations '&a exist by virtw of prior rocordod instrumonts, plans, dim"s, or convoyancan, HAVING thoroon erected u two story frame, masonita, half of a double dwelling hour C. �ooxlt3f�� FACE' 54f; Pennsylvania Housing Finance Agency Accounting &Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105-5057 (800)346-3597 FAX(717) 780-3853 TTY(717) 780-1869 CERTIFIED MAIL- RETURN RECEIPT REQUESTED 5/14/2014 RE: Account No. 424333 JOEY L. WILKINSON 310 GREASON RD CARLISLE, PA 17015-9476 RE: 310 GREASON RD CARLISLE, PA 17015-9476 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 310 GREASON RD, CARLISLE, PA 17015-9476, IS IN SERIOUS DEFAULT because you have not made the monthly payments of$544.00 for 12/2013 through 5/2014 for a total of $3,264.00. Late charges and NSF charges that have accrued to this date in the amounts of $260.32 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 $3,799.32. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of$3,799.32, 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. FH AACT/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, --jewww L. 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/ALSW Pennsylvania Housing Finance Agency Accounting & Loan Servicin 211 North Front Street, P.O.Box 15057 Harrisburg, PA 17105-5057 (800)346-3597 FAX(717) 780-3853 TTY(717) 780-1869 NOTICE 5/14/2014 JOEY L. WILKINSON 310 GREASON RD CARLISLE, PA 17015-9476 RE: Account #424333 TO: JOEY L. WILKINSON 310 GREASON RD CARLISLE, PA 17015-9476 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/ALSV/ CERTIFIED MAIL"' x,. H f ��I-fi tt 1 1 �0 i PENNSYLVANIA HOUSING FINANCE AGENCY LoanServicing Division PO Box 15057 •Harrisburg,PA 17105-5057 "°�!i` "• " r.. 9414 7266 99U4 2007 6657 62 J JOEY L WILKINSON 310 GREASON RD A.)o. CARLISLE, P�;N 7.I E :--1-7:t RETURN TO SE.NDE.R UNCLAIMED UNABLE T€3 FORWARD BC: 1711055:0.57'57 { !� 03..0.3--82223..—.1,ge.43 :�••�•��•.��r�•-Y� � �7L1��1}J3�i11�11�1J1I�11J7�'I1J-�J11J3��9.�1.'i`13]�'J'•9J17`�'7'.)'U.i�:i3'➢:�1 . i v rl r as n-ommwmmw ;r�r -IN N W tD G N R;_'7 O 9 3 0 a a 0 �c II p 0.P. a;o:u)'D � mo;� :+ y O< m x `°' �� -s w r:a; a w c d to V N-- '`c N p v 441.4 7266. 49.0.4 200.7 8657 62 TO: JOEY L WILKINSON 310 GREASON RD CARLISLE, PA 17015 0 .s i SENDER: REFERENCE: PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage&Fees USPSO P0STMAR-KQQR DATE` Receipt for Certified Mail'� No Insurance Coverage Provided. Do Not Use for International MaN00 `` E r I p lJ1 A N �� �0 W p b o N W�p W...•^"'.. O r+r N t-• V i�W 1N 4% j I a r j'3 i y r v r, Department of Defense Manpower Data Center Results as of:Jan-09-2015 06:41:31 AM SCRA 3.0 t S'CatuS 41.0port Pursuant to Savicemembers Civil Relief Act Last Name: WILKINSON First Name: JOEY Middle Name: L Active Duty Status As Of: Jan-09-2015 On Active Du On Active D Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA..e- •t.. _ ....yam-,r No±1r. NA This response reflects the lndivlduals'active du•status based on the Active Duty Status Dale Al Left Active Duty Within 367 Days of Active Du Status Date Alive Du Start Date Active Du End bate Status Service Component NA NA -w = - _No .r- NA This res arse reflects where the In{dividual left active d-4 status within X367 this jr;cedlng the Active&4 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 ~ NA This res ons-reflects whether the indlvidusl or his/her unit has received eary notification to report for active du ty Upon searching the data banks of the Department of Defense Manpower Data Center,based on theinformation 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 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 �Z`�� � i'� By 4�e4� J� ��� (�) Thomas F. Brzana, Jr., Direc or 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 WILKINSON 424333 P01455/42507-14