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HomeMy WebLinkAbout10-4952 Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com MIDFIRST BANK Plaintiff vs. PATRICIA B. PUTT AND MARK DAVID PUTT Defendants ~; •. .__ ,- ,-„_ ._ , , ._ ~ . ^~, .. _ tJ1U~ ~`~ ,.,~,_ ~ . 20(o ~~+- 2q Awt lo•• ~~ ;, . ~~~i-W-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 aze 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. PARR 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 717-249-3166 S 9a .o~ Pd ` °~ a~ S 9~s' MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. PATRICIA B. PUTT AND MARK DAVID PUTT, Defendants CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE 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 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. PATRICIA B. PUTT AND MARK DAVID PUTT, Defendants CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff is MIDFIRST BANK, a corporation whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. The Defendants, PATRICIA B. PUTT and MARK DAVID PUTT, aze adult individuals whose last known address is 13 WEST MAIN STREET SHIREMANSTOWN, PA 17011. 3. On or about, August 25, 1995, the Defendants executed and delivered a Mortgage Note in the sum of $122,250.00 payable to COLUMBIA NATIONAL, INCORPORATED, 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, the 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 August 31, 1995 in Mortgage Book 1279, Page 812 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and was recorded on May 9, 2008 in the aforesaid County as Instrument Number 200815351. The said Mortgage and Assignment aze incorporated herein by reference. 5. The land subject to the Mortgage is: 13 WEST MAIN STREET SHIREMANSTOWN, PA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The 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 January Ol, 2010 and all subsequent installments thereon, and the following amounts aze due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $19.42 per day From 12/01 /2009 To 08/01 /2010 (based on contract rate of 7.5000%) Accumulated Late Chazges Late Chazges $43.85 From O 1 /01 /2010 to 08/01 /2010 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $94,499.49 $4,719.06 $889.30 $306.95 $1,147.73 $4,724.97 $106,287.50 **Together with interest at the per diem rate noted above after August O1, 2010 and other charges and costs to date of Sheriff s Sale. The attorney's fees set forth above aze in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third pazty purchaser at Sheriff s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be chazged that aze actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 which contained amendments to Act 91 of 1983 (35 P.S. 1680.401c et. se .and Pennsylvania Act 57 of 2008 which contained amendments to Act 6 of 1974 (41 P.S. 101 et. se by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. True and correct copies of the Combined Act 6/91 Notices dated September 23, 2009 aze attached hereto as Exhibit "C". 10. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. Y ~ • , NOTE NOTICE: THI5 LOAN IS NOT ASSUMABLE WITHOUT THE APPRO`rAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. AUGUST 25, 1995 [Date] CAMP HILL tCityl PENNSYLVANIA (s(ate) 13 WEST MAIN S7. SHIREMANSTOWN, PENNSYLVANIA 17011 [Property Address) 1. BORROWE]t'5PROMISETO PAY In return for a loan that I have received, I promise to pay U.S. $ "*'""*' * *' * *~ 122 , 25 0.00 (this amount is called "principal"), plre: interest, to theorderaf the Lender. TheLender is COLUMBIA NAT l ONAL , INCORPORATED A MARYLAND CORPORATION T understand that the Lender riay transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive paymeyits under this Note is called the "Note Holder." 2. INTEREST Interest wit] be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yenrlyrateof ***~"~~**7.500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note, 3. PAYMENTS (A) Time and Place of Payments I wil i pay princi pal and interest by making payments every month. I will make Iny monthly payments on the 1ST day of each month beginning on OCTOBER , 1995 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on ~; E P TEME3 ER 1ST 2025 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is cal led the "Maturity Date." I will make my monthly payments at COLUMBIA NAT { ONAL , INCORPORATED P.0. BOX 3(150, COLUMBIA, MARYLAND 21045-6050 or at a different place if required by the Note Holder. (B) Amou n1: of Monthly Payments My monthly payment will be in the amount of U.S. $ * * * * * * *'~ *g54.79 4. BORROWER.'S RIGHT TO PREPAY I have the ril;ht to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." Wheh 1 make a prepayment, I wt[1 tell the Note Holder in writing that I am doing so. I may make al full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of pnnclpal that I owe under this Note. If I make a partial prepayment, there will be no changes ar the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which a plies to this loan and which sets maximum lawn charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this Ioan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted btruts will he refunded to me. The Note Holder may choose to make this refund by ruiucing the principal I owe under this Note or by malting a direct payment to me. If a refilnd reduces principal, the reduction will be treated as a partial prepaaymcnt. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments Tf the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due,1 will pay a late charge to the Note Holder. The amount of the charge will be 4 k of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pa;~ the full amount of each monthly payment on the date it is due, I will he in default. MULTISTATE FIXED RATE NOTE- Singlo Family-Fannla Mea/Frsddis Mae Uniform Instrumsnt Form 3200 12/83 Mp. t orz Amand 8 91 ®SV (91091 VMP MORTGAGE FORMS ' (31312938100 ' (80018 21-7 29 1 ~ Initials: ~~~~ VNM1 08/23/95 11:02 AM 02258037 ~V 1 1 ~(I~`` f'i' `~ --- (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and f-11 the intermit that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, theNote Holder does not require me to pay immediately in ful [ as described above, the Note Holder will still have the right to do so if I am indefault at a later time. (F:) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable la-v. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF?~IOTICES Unless appl icable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class malt to me at the Property Address above or at a different address if I give the Note Holder anotice of my different address. Any notice that mustbegiverr to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8.OBi,IGATION5 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 theful] amount owed. Any person who rs a guarantor, surety or endorser of this Note is also ob I igated 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 Notc. The Note Holder may enforce its rights under this Note against each person individually or against al] of us together. This means chat any one of us may be required to ay all of the amounts owed under this Note. ~. W RIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to ive notice to other persons that amounts due have not been paid. 10. ALLONGE'TO THI5 NOTE If an allon~c;providing for payment adjustments or for any other su elemental information is executed by the Borrower together with thrs~ Note, the covenants of the allonge shall be incorporat tnto and shall amend and supplement the covenants of this Nate as if the allonge were a part of this Note. [Checkapplieablebnx] ^ Graduated Payment Allonge [] Other [Specify] ~ Other [Specify] 11. UNIFORM E~ECURED NOTE This Note is auniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder and<;r this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Not.c, protects the Note Hoiden from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of al l amount:; I owe under this Note. Some of those condi lions are described as follows: Regulations (38 C.F.R. Part 36) issued under the Department of Veteran's Affairs (" V.A.") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby am ~~ supple ent to conform ereto. ~ ~ `~ ~ ~~ L~ . WITNESS T ~ HAND(S) AND SEA) OP THE UNDERSIGNED. ~ --~Z~r~ ~.~~~i ~~~ (Seal) (Seal) MARK OAV 1 D PUTT _Borrm,•er -Borrower SSN: ~~~_ SSN: ~~C~r~-.f~~ $ . ~ ,(Jb~ (Seal) (S~) PATR I C I A B. PUTT -Borrower _aorrower SSN: WITHtS3Nt;~CUl~HSI= PAY Tp THE aflDER OF ~•5V ~3zoa~ VNM1 [Sign Original Only) ar11 p+w 2 °~ 2 Form 3200 12J83 08/23/95 11:02 AM 02258037 ALL THAT CERTAIN lot or ground situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern side of Main Street, at the corner of lot now or late of Miami S. Erb; thence northwardly by the line of the said lot now or late of the said Miami S. Erb, 163 feet to a 20 feet wide alley; thence eastwardly by a line parallel with Main Street, being the southern line of said alley, 40 feet to a point at corner of other lands now or late of the Mary 8berly Estate; thence by the said lands southwardly by a line parallel with said line of property now or late of Miami S. Erb. aforesaid, 163 feet to Main Street; and thence westwardly by the northern line of Main Street, 40 feet to the place of BEGINNING. SUBJECT, nevertheless to the condition and restriction contained in deed of Henry B. Eberly to Paul C. Howry, in Deed Book °V", Vol. 9, Page 64. HAVING THEREON ERECTED a two and a half story brick dwelling house, numbered 13 West Main Street, and garage, Shiremanstown, Pennsylvania. 1 1 'N! Midland Mortgage Co. Dsllnnc~I Assistance Center P.0. Booc 26W8, pty, 77126 ~ Phone (800) 552-3000 ***REV**7.89*** PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES BY COUNTY REVISED AUGUST 1, 2008 Date: 09/23/09 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FO~~ECLOSURE This is an octal notice that the mortgage on your home is in default, and the lender intends to foreclose. Speck information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCYMORTGAGEASSISTANCEPROGRAM (HEMAP) may be able to help to save your home. Thu notice explains how the program works To see if HEMAP can help, you must MEET WITHA CONSUMER CREDIT COUNSELINGAGENCY WITHIN 33 DAYS OF TAE DATE OF THIS NOTICIi« Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number ojConsumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with unpaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explafn it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. Midland Mortgage Co. Dellnquenc~/ Assistance Center P.O.9ox 26fr18, OIdN~ame ply, 73126 • Phone (80D) 552-]000 LA NOTIFICACI N EN ADJUNTO ES DE SUMA IIMPORTANCIA. PUE5 AFE['TA Sil DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIUN OBTENGA UNA TRADUCCIbN IINMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRIr`,STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU iTIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO.: CURRENT LENDER/SERVICER: MARK DAVID PUTT PATRICIA B PUTT 13 WEST MAIN ST. SHIREMANSTO PA 17011 0051804415 MidFirst Bank/Midland Mortgage Co. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH G9NSAVE YOUR ROME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT's, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • Id; YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "faco-to-face" Midland Mortgage Co. Delinnc~/ A,sslstanca Center P.O. Box 2664$, dty, O 73126 • Plpie (80D) 552-3000 meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO 'DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. T71e names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the a»d of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately ofyour intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST' be forwarded to PHFA and received within thirty (30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WIT7~TIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STAR7TNG A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAP OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT TTIE LENDER FROM STARTINGA FORECLOSUREACT70N, B.UT IF YOUR APPLICAT70NIS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified dtrectly by the Pennsylvania Housing Finance.4gency of its decision on your application. NOTE: IF YOUARE CURRENTLY PROTECTED BY THE FILING OFA PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED ASANATTEMPT TO COLLECT THB DEBT. (If you have Bled bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGEDEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 13 WEST MAIN ST. SHIREMANSTO PA 17011 IS SERIOUSLYINDEFAULT because YOU HAVE NOT MADE MONTHLYMORTGAGE PAYMENTS for 06/01/09 through ,and the following amounts are also due: n 06/01/09 Monthly Payment Amount of $1096.40 n 06/01109 Monthly Late Charge Amount of $43.85 n Outstanding Late Charges totaling $274.28 n Outstanding Fees* totaling $66.00 *For a breakdown of the fees listed above, please call l -800-552-3000. TOTAL AMOUNT PAST DUE: $4901.28 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY {30) DAYS of the dare of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4901.28, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME PAST DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified checl~ or money order made payable and sent to: Midland Mortgage Co. 999 N.W. Grand Blvd. Oklahoma City, OK 73118 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30} DAYS of the date of this Notice, the lender Intends to exercise Its rights to accelerate the martgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due rs not made within. THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UFQN -The mortgaged property will be sold by the Sher~to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even ;f they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may include other reasonable costs. If you cure the default within t/re THIRTY (30) DAY period, you will not be required to pay attorney's Jess. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TD CURE THE DEFAULT PRIOR TO SHERIFF'SSALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount the» past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriffs 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 exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Midland Mortgage Co. Address: 999 N.W. Grand Blvd. Oklahoma City, OK 73188 Phone Number: i-800-552-3000 Fax Number: 1-405-767-5500 EFFECT OF SHERIFF'S SALE -You should realize that a Sherds Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sher~'s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or may not sell or transfer yow home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAYALSD HAVE THE RIGHT.• n TO SELL THE PROPERTY TO OBTAM MONEY TO PAY OFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING WSTITUTION TO PAY OFF THE DEBT. n TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. n TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES 1N ANY CALENDAR YEAR.) tt TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT MSTITUTED UNDER THE MORTGAGE DOCUMENTS. tt TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY NAVE TO SUCH ACTION BY THE LENDER. tt TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. Enclosed is a list of wnsumer credit counseling agencies serving your county. ~~ ~. N o ~ ~~ .~ Postage _ ~ Certfaed Fee p Return Recdpt Fee t7 (Endoroement Rsquked) a Reetrfoted DetMry Fes (Endorsement Requlredl Postrratk Here ~~Sa~~~ t3 ~ 1`- O Total Postage !c Fear to Q ` C7 w PO Box No ~ l . filly, ~lafe, Z(P+~ ~ _--- .. .-- ---- _b-- 4° _ ,/) /~ f ~ •If you have rxeivod a banlavptcy dist#targe of the debt secured by the Mortgage/Deed of Trust ar you are currently in banlavptcy under the protection of the autaanatic stay, this letter is not en attempt to collect the debt; but atty default will need to be cured to avoid foreclosure. Tf your loan was in default at the time Midland began servicing it and you have not Sled banlavptcy ar recelved a discharge of the debt secured by the Mortgage/Deed of TnLSt, we are required to advise you that this communication is from a debt collector, this is an attempt to collect a debt, end arty information obtained will be used for that purpose. Cumberland County CCCS of Western PA -York Mary Loftus 55 Ctover Hill Road Dallastown PA 17313 888.511.2227 mloftus(c32cccspa.ora www.cccsna.ora Pre.Purchase and Pre.Closing Educational Seminars Midland Mortgage Co. Delinquency/ ,Arsslstance Center P.O. box 26646, OMalxfma CRy, O 73126 • Phone (800) 552-3000 www~Vww7.89www PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES BY COUNTY REVISED AUGUST 1, 2448 Date: 09/23/09 ACT 91 NOTICE TAI~:E ACTION TO SAVE YOUR HOME FROM FO~~.ECLOSURE This is an a,/,JZcial notice that the mortgage on your home is in default, and the lender Intends to foreclose. Specifu information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCYMORTGAGEASSISTANCEPROGRAM (HEMAP) may be able to help to save your homes This notlce explains how the program works To see if HEMA.P can help, you must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICH Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing FYnance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. Midland Mortgag® Co. Delin+r~u®ncy Assistance Center ro. eox xesas, aroma cay, oK ~sizs • ri,o~e ~eoo) ssz-3aoo LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPURTANCiA_ PTtFC ARR(`TA cn DERECHO A CONTINUAR VMENDO EN SU CASA. SI NO COMPRENDE EL CONTEMDO DE ESTA NOTIFICACIbN OBTENGA IINA TRADUCCIbN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRLSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSLSTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. fOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO.: CURRENT LENDEIt/SERVICER: MARK DAVID PUTT PATRICIA B PUTT 13 WEST MAIN ST. SHIREMANSTO PA 17011 0051804415 MidFirst Bank/Midland Mortgage Co. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: n IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, n IF` YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND n IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" M~diand Mortgage Co. Delinnc~/ Assfetanc® Center P.4. Box 26648, Qly, 73126 • Phpr (800) 552-3000 meeting with one of the consumer credit counselin¢ agencies listed at the end of Chic Nnt;cr._ THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTTCE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YDU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRIIVG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific irfformation about the nature of your default). You have the right to apply for fina»cial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must f:11 out, sign, and f le a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from,filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAPAPPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARS DATE OF THIS NOTICE AND FILE AN APPLICATION 87TH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, INTHESECTIONCr9LLED "TEMPORARYSTAYOFFORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUREACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TTME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notifeed directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOUARE CURRENTLYPROTECTED BYTHE FILING OFA PETI770NIN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can stfll apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 13 WEST MAIN ST. SHIREMANSTO PA 17011 IS SERIOUSLYIN DEFAULT because YOUHAVE NOT MADE MONTHLYMORTGAGE PAYMENTS for 06/01/09 through 09/01/09, and the following amounts are also due: n 06/01/09 Monthly Payment Amount of $1096 40 n 06/01/09 Monthly Late Charge Amount of $43.85 n Outstanding Late Charges totaling $274.28 n Outstanding Fees * totaling $'66.00 *For a breakdown of the fees listed above, please call I-800-SS2-3000. TOTAL AMOUNT PAST DUE: $4901.28 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4901.28, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME PAST DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified checl~ or money order made payable and sent to: Midland Mortgage Co. 999 N.W. Grand Blvd. Oklahoma City, OK 73118 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intenafs to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged properly. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sher~to pay o,~f the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred; up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may include other reasonable costs. Ijyou cure the default within the THIRTY (30) DAYperiod, you will not be required to pay allorney's fees OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at arty time up to one hour before the Sherds Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other casts connected with the Sherds Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Midland Mortgage Co. Address: 999 N.W. Grand Blvd. Oltlahoma City, OK 73188 Phone Number: 1-800.552-3000 Fax Number: 1-405-767-5500 EFFECT OF SHERIFF'S SALE -You should realize that a Shert„~'''s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sherds Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE -You may or may not sel l or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAYALSO HAVE THE RIGHT.• n TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDIIVG INSTITUTION TO PAY OFF THE DEBT. n TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. n TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) n TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. n TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. tt TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. Enclosed is a list of consumer credit counseling agencies serving your county. U.S . Post al Ser vice. - CE RTIF IED MAIL ,REC EIPT _^ . (Dom estic M arl Onty : No Ins urance C overage Prc ' 17 ~ ~ ~ ! ~ •p ~ ..tl Postage S ~ CertHlad Fea ~ ~ Reltan Receipt Fee Poatmsrk Fore o d (Endorsement Required) Reatrkied DeBvery Fee (EMonement Required) ~~~~~ O ~ r` Total Postage b Fees G • O M1 Or PO Box No. ~; ~ie;~>~- I ~ w ~_. ~ ~`Zb~ * If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of tho automatic stay, this letter is not an attempt to colkd the debt, but any default will need to be cured to avoid foreclosure. If your loan was in default at the time Midland began servicing it and you have not filed bankwptcy or received a discharge of the debt secured by the MortgagdDced of Trost, we are required to advise you that this communication is from a debt colkcxor, this is an attempt to collect a debt, and any information obtained will be usod for that purpose. Cumberland Countv CCCS of Western PA -York Mary Loftus 55 Clover Hill Road Datiastown PA 17313 888.511.2227 mioftus cccsraa.or4 www.cccspa.ora Pre.Purchase and Pre.Closing Educational Seminars d~ COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. 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. Dated __._ abler Title ~f , c~~/'~~-- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~~ Sheriff T ' . ~ "'', ~a~t~tr ~t ~utgt6,~x ~ Jody S Smith '~ ~ ~ r .. t -r , , ~~ ! i r, ~ ! i ~ '4 Chief Deputy ~, c ~ " - ' Richard W Stewart ~ A = ~ ~ -- Solicitor ~FiCE c,-'.,~ s~,E~(rF i/ .. _ ;; Midfirst Bank vs. Mark David Putt (et al.) Case Number 2010-4952 SHERIFF'S RETURN OF SERVICE 08/12/2010 02:03 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 12, 2010 at 1403 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mark David Putt, by making known unto himself personally, at 13 W. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 08/12/2010 02:03 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 12, 2010 at 1403 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Patricia B. Putt, by making known unto Mark David Putt, Husband of defendant at 13 W. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 08/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 13 W. Main Street, Shiremanstown, PA 17011, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. The only residents at 13 W. Main Street, Shiremanstown, PA 17011 are Mark & Patricia Putt, husband and wife. SHERIFF COST: $78.50 August 13, 2010 SO ANSWERS, cd~r~..~._'_- RON R ANDERSON, SHERIFF (c) CountySui[e Sheriff, Teleosoff, Inc.