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HomeMy WebLinkAbout10-6531FILED-OFFICE CAF THE PROTHONOTARY Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com MIDFIRST BANK Plaintiff Vs. TRACE C. DAVIS AND NICHOLAS E. DAVIS Defendants 2910 OCT 14 Aft 10., 29 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE la _ 6,5'3- / 4tJ 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 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. ST 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 y;O? MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. TRACE C. DAVIS AND NICHOLAS E. DAVIS, 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. TRACE C. DAVIS AND NICHOLAS E. DAVIS, Defendants 0- 66'-31 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 Defendant, TRACE C. DAVIS, is an adult individual whose last known address is 1779 KINGS ARM COURT NEW CUMBERLAND, PA 17070. Defendant, NICHOLAS E. DAVIS, is an adult individual whose last known address is 1105 CARTREF ROAD ETTERS, PA 17319. 3. On or about, December 03, 2007, Nicholas E. Davis executed and delivered a Mortgage Note in the sum of $139,816.00 payable to GMAC 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, the Defendants made, executed, and delivered to Mortgage Electronic Registration Systems, Inc. as Nominee for GMAC Bank, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on December 12, 2007 as Instrument Number 200746057 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 1779 KINGS ARM COURT NEW CUMBERLAND, PA 17070 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 June 01, 2010 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $23.71 per day From 05/01/2010 To 11/01/2010 ( based on contract rate of 6.3750%) Accumulated Late Charges Late Charges $41.81 From 06/01/2010 to 11/0 1/2010 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $135,767.45 $4,362.64 $202.13 $209.05 $421.78 $6,788.37 $147,751.42 **Together with interest at the per diem rate noted above after November 01, 2010 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 Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are 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 )an d Pennsylvan ia Act 57 of 2008 which contained amendments to Act 6 of 1974 (41 P.S. 101 et. M..) 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 August 24, 2010 are 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. 11. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.3750% ($23.71 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: ft T Ml- URCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Loan Nca01921425 MIN: 100037506019214254 F "A Can No: 10-104_0594836 NOTICE: THIS LOAN ? N TE THE APPROVAL OF THE D p? SSI:IMA`BLE WITHOUT AFFAIRS OR ITS AUTHORIZED ATMENT OF VETERANS NT. December3, 2007 Camp Hill I del [City] Pennsylvania 1779 Kings Arm Court, New Cumberland, PA 17070 ISmrej [P'ropertyAdd-ss] ?• BORROWER'S PROMISE TO PAY In ret.irn for a loan that I have received, I promise to pay U.S. $139,816.00 (this amount is called "Principal"), plus interest, to the order of the Lender, The Lender is GMAC Bank. this Note in the form of cash, check or money order. I will make all payments under I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Noe Holder." 2• INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6375 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pity principal and interest by making a payment every month. I will make my monthly payment on the ist'day of each month beginning on January, 2008. these payments every month until I have paid all of the Principal r3'+ 1 will make that [may owe under this Note. Each monthly and interest and any other charges described below applied to interest before Principal. If, on Dec ember 1, 2037, I still amounts under thisdNote, tawill pay be amounts in full on that date, which is called the "Maturity Date" Rty hose I will make my monthly payments at GMAC Mortgage, LLC, Attn: Paymen Bo: 780, Waterloo, IA 50704-0780 or at a different place if required by the Note Holden Processing Center, P.O. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $872.27. Multistate Fl:ed Rate Note--Single Family-Faenie -THE COWL Mae/FrtQdk Mac tJ1Y1FORM IN. LANCE :+otiRM INC.- S 1 RItMF.NT MM-PlinnemwM aw, Page I of 4 Vii Forme 3 01/91 6m3ydu Who FI ,Ohs CM3, The Compliance Scum, im 601921425 ?h 4• BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A only is known as a "PrepaymenL,, When I make a Prepayment, I will teal the Note payment Principal so. 1 may not designate a payment as a Holder in writing that I am doing I m>t make a full Pr Prepayment if I have not made all the monthly payments due under the Note. Holder will use m epayment or partial Prepayments without paying a prepayment charge. The Note my Prepayments to reduce the amount of Principal that l owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the my Prepayment to reduce the Principal amount of the Note. If I make a repayment amount, before applying al Pr in the due date or in the amount of my monthly payment unless the Note Ho de r ag ens' there will be no changes grew in writing to those changes. 5• LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the perrrirtt dIlimit; and (b) any stets already collected from me which exceeded permitled Holder may c:-ioose to make this refund by reducing the PrincipaiI owlemunderlths eNote or by making aediroect payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6• BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If 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, I will pay a late charge to the Note Holder. The amount of the charge will be 4.00% of my overdue payment. I Default will pay this late charge promptly but only once on each late payment. If I do not pay the full amount of each monthly payment on the date it is due, l will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do 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 pa: :d and all the interest that l owe on that amount. That date must be at least 30 days after the date on which the notice: is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even it; at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above., the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses 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 law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable 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 mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering -:t or 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. & 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, Multistate Flied Rate Note-Single Family--Fannie Mae/Freddie Mae UNIFORM iNSl RUME1\T VA 01 /01 --TNe CoafnuyrE :;ooxcE, iNC.- wwxecuA,,ioe NouRc Page 2 or4 f260" Form 320 IW ft" 1MUance ate,IM95 020D5, 7Le Compliance Source, kw. 601921425 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 k made in this Note. The Note Holder may enforce its ri against all this N together. This means that any one of us ma be ys under required this vote agamst each ? all of the promises ofus Note. Person individually or pay all of the amounts owed under this 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Dishonor, "presentment" means the right to require the Note Holder to demand Payment of amounts due. "Notice of Dishonor' mans the right to require the Note Holder to give notice to other persons ?Sentment and Notice of been paid. that amounts due have not 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections gi'/en to the Note Holder under this Note, a Mortgage, nstrument'), dated the same date as this Note Deed of Trust, or Security "Security n not en the , protects the Note Holder from possble losses which might result I I keep 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 all amounts I owe under this Note. So those conditions are described as follows: me of If all or any part of the Borrower is not a natural Property or any Interest in the Property is sold or transferred (reorr.) if without Lender's prior written person consent, and a beneficial interest in $orrower is sold or transfer payment in full of all sums secured by this Security Instrument, Lender However, this may option require shall not be immediate exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on. Borrower. Multistate Fixed Rah Nn? c;. ,= r_ =tAE COMPLIANCE yo[rR? INC. -? •,ny-ranme Mae/Freddie Mae I11 SIYIMR 7'RUMENT *"" emphaecemwec' m Page 3 of 4 VA Form alp pI,VI 62"imV ""PAY. Iams C2005, 7h* compiiaaw some, im 601921425 WITNESS THE HAWS) AND SEAL(S) OF THE UND.ERStGNED. NICHOLAS E. A S (Seal) -Borrower ?- (Seal) -Borrower (Seal) 'Borrower _ (Seal) Borrower [sign Original Only] PAY TO THE ORDER-OF WMio()T COURSE tHIODO LIMr= Ei1GN INIG OE-FICER GMAC MORTGAGE, ILC %W& GMAC MORTGAGE CORPORATION Maltisgte Fazed Wte Notti-S?gle Family-Faonie Mae/F -T11E COMPLUNCE ?buwE, INC- rtddk Mac UNIFORM IN5TRUM www'CO1haia^woucc.cm Page 4 of < ENT VA Form 370 01/01 of ft"Rev. roes ems, Tr pli... Siva, inc. 601921425 PAY TO THE ORDER OF GMAC MORTGAGE, LLC ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, said point being the following nine courses and distances from Perimeter Coordinate 7 as shown on the As-Bullt Plan referenced herein: (1) by a curve to the right having a radius of 256.48 feet an arc distance of 359.96 feet to a point at the intersection of Capitol View Drive and the centerline of Kings Arms Court; (2) along the center line of Kings Arms Court aforementioned North 45 degrees 21 minutes 15 seconds East a distance of 36.0 feet; (3) North 69 degrees 21 minutes 15 seconds East a distance of 208.0 feet; (4) North 32 degrees 21 minutes 15 seconds East a distance of 15.68 feet; (5) South 57 degrees 38 minutes 45 seconds East a distance of 83.0 feet; (6) North 32 degrees 21 minutes 15 seconds East a distance of 48.0 feet; (7) South 57 degrees 38 minutes 45 seconds East a distance of 2.0 feet; (8) North 32 degrees 21 minutes 15 seconds East a distance of 44.0 feet; (9) North 57 degrees 38 minutes 45 seconds West a distance of 4.0 feet to a point on the dividing line between Lot 84 and Lot 85, said point being the point and place of BEGINNING; thence along the dividing line between Lot 84 and Lot 85 and passing through the centerline of a party wall dividing Unit 84 and Unit 85 North 57 degrees 38 minutes 45 seconds West a distance of 28.0 feet to a point; thence North 32 degrees 21 minutes 15 seconds East a distance of 22.0 feet to a point; thence South 57 degrees 38 minutes 45 seconds East a distance of 4.0 feet to a point on the dividing line between Lot 85 and Lot 86; thence continuing along the said dividing line and passing through the centerline of a party wall dividing Unit 85 and Unit 86 South 57 degrees 38 minutes 45 seconds East a distance of 24.0 feet to a point; thence South 32 degrees 21 minutes 15 seconds West a distance of 22.0 feet to the point and place of BEGINNING. BEING Lot No. 85 as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Section 11, Hunter's Ridge, dated May 1, 1990, and recorded in Plan Book 60, Page 88. BEING known and numbered as 1779 Kings Arms Court, New Cumberland, PA 17070. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, and other matters, if any, of record and which an inspection of the premises would disclose, including (1) the Amended Final Plan for the planned residential development of Hunter's Ridge, recorded in Plan Book 58, Page 62; (2) the Declaration of Covenants, Conditions, Restrictions, and Easements for Hunter's Ridge recorded in Miscellaneous Book 365, Page 372 (the "Declaration"); and (3) any amendments or modifications to the foregoing thereafter made in accordance with the provisions of the Declaration. TOGETHER with the right to use any Limited Common Area appurtenant to the Lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of Assignment of Limited Common Areas for Hunter's Ridge dated May 10, 1990, and recorded in Miscellaneous Book 380, Page 619. BEING designated as tax identification number 13-25-0008-255 in the Deed Registry Office of Cumberland County, Pennsylvania. l Midland Mortgage Co. Delinquency Assistance Center P.O. Box 266 8, OM t = ft OK 73126 - 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: 08/24/10 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home Is in default, and the lender Intends to foreclose. Spec4rac information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works To see if HEMAP can help, you must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency tollfree at 1-804.342-2397. (Persons with Impaired hearing can call (717) 788.1869.) 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. l Y Midland Mortgage Co. Delinquency Assistance Center P.o. Baer 2"""h" a". OK 7'IM • Phone (800) 552-3000 LA NOTIFICACIbN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTMCAC16N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRtSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO.: CURRENT LENDER/SERVICER: NICHOLAS E DAVIS 1779 KINGS ARM COURT NEW CUMBERLAND PA 17070 0053532390 MidFirst Bank/Midland Mortgage Co. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE AWICfI CANSAYE 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's, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: TT IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL'. TT 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" Midland Mortgage Co. Delinquency Assistance Center P.O. Bw 26618, Mhoms dly, OK 73M • Phone (800) 55263M 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 TATS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THbS NOTICE GALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The raunes, 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 spec fic 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 HEMAPAPPLICl77ONAS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS N077CE AND FILE ANAPPLICITION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN 7HE LENDER WILL BE TEMPORARILY PREVENTED FROM STAR77NG A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SEC77ON CALLED "TEMPORARYSTAY OF FORECLOSURE" YOU HAVE THE RIGHT TO FILE A HEMAP APPLIC4770N EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE AC770N, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACT70N-Available funds for emergency mortgage assistance are very limited Acy will be disbursed by the Agency under the -eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOUARE CURRENTLYPROTECTED BY THE FILING OFA PE77TIONIN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED ASANATTI;MPT TO COLLECT THE DEBT. (If you have flied bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MOR TGA GE DEFA UL T (Bring it up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at.- 1779 KINGS ARM COURT NEW CUMBERLAND PA 17070 IS SERIOUSLYINDEFAULT because YOUHAVE NOT MADE MONTHLYMORTGAGE PAYMENTS for 06101110 through 08101110, and the following amounts are also due: n 06101110 Monthly PaymentAmount of $1045.38 n 06101110 Monthly Late Charge Amount of $41.81 n Outstanding Late Charges totaling $34.89 n Outstanding Fees * totaling $18.00 *For a breakdown of the fees listed above, please call 1-800-552-3000. TOTAL AMOUNT PAST DUE: $3334.40 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 $3334.40, 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 check; 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 mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THBUT (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any 'attorney's fees will be added to the amount you owe the lender, which may include other reasonable casts. If you cure the default within the THIRTY (30) DAYperiod, you will not be required to pay attorney's fees: OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFA ULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriifs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheri„Q"s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Caring 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 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. Oklahoma 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 Sheri Ss Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSVMP770N OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOUMAYALSO HAVE THE RIGHT. Tr TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTTI"UTION TO PAY OFF THE DEBT. 17 TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ri 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. rr TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. Enclosed is a list of consumer credit counseling agencies serving your county. *If you have received a bmdmq tcy disdwp of the debt secured by the Mortgage/Deed of Trust or you are currently in banbuptcy under the protection of the automatic stay, this letter is not an attempt to collect 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 bankruptcy or received a discharge of the debt secured by the MortgapMeed of Trust, we are required to advise you dwt this communication is fi=n a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose, Cumberland County CCCS of Western PA - York Mary Loftus 55 Clover HUI Road Dallastown PA 17313 888.5112227 mbftus&cccsna.ora Pre.Purchase and Pre.Closing Educational Seminars Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, au v= Qty, OK 73125 • 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: 08/14/10 ACT 91 NOTICE TAB ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an offlcial notice that the mortgage on your home is in default, and the lender Intends to foredose, Specillc Information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MOR TGA GE ASSISTANCE PROGRAM (AEMAP) may be able to help to save your home. This notice explains how the program workL To see f HEMAP can help, you must MEET WITHA CONSUMER CREDIT COUNSELINGAGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with lmpalred 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. AW Midland Mortgage Co. Delinquency Assistance Center P.O. B" NM 01hh" Gly, 73126 • Phom (MG) 552-3WC LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI& OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRtSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO.: CURRENT LENDER/SERVICER: NICHOLAS E DAVIS 1779 KINGS ARM COURT NEW CUMBERLAND PA 17070 0053532390 MidFirst Bank/Midland Mortgage Co. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUMAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-%a' Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, Okbhorne City, OK 73126 • Phone (MM 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 ASSISTANCZ YOU MUST BRWG YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency 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 POSTMARK DATE OF TTIIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THESECTTONCALLED "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 FORECLOSURE ACTION, BUT IF YOUR APPLICA770NIS EVENT7IALLY 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. Tie 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 f you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOUARE CURRENTLYPROTECTED BY THE FILING OFA PETITIONIN BANKRUPTCY, THE FOLLOWING PART OF TTIISNOTICE IS FOR RVFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED ASANATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFA ULT (Bring 1t up to date). NATURE OF 77M DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1779 KINGS ARM COURT NEW CUMBERLAND PA 17070 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for 06101110 through 08101110, and the following amounts are also due: n 06101110 Monthly Payment Amount of $1045.38 n 06101110 Monthly Late Charge Amount of $41.81 n Outstanding Late Charges totaling $34.89 n Outstanding Fees* totaling $18.00 *For a breakdown of the fees listed above, please call 1-800-552-3000. TOTAL AMOUNT PAST DUE: $3334.40 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 $3334.40, 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 check 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 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 property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may include other reasonable costs. If you cure the default within the THIRTY (30) DAYperiod, you will not be required to pay attorney's fees; OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Shertfs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Shero's Sale as speeded 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 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. 1-800-552-3000 Fax Number. 1405-767-5500 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property cyter the Sheriffs 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 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. YOUMAYALSO HAVE THE RIGHT: IT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. Tr 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. TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. Enclosed is a list of consumer credit counseling agencies serving your county. A ti ru Ito ru a rr9 M C3 C3 0 C3 r%- co r1 0 r9 0 N NICHOLAS E DAVIS NEW CKINGS EARIVI COURT RAND PA 17070 of *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 the automatic stay, this letter is not an attempt to collect the debt, but any default will need to be cared to avoid foreclosure. If your loan was in default at the time Midland began servicing it and you have not filed bankruptcy or received a discharge of the debt secured by the MortgegwDeed of Trust, vm am required to advise you that this communication is finom a debt collector, this is an attempt to collect a debt, and any info nnation obtained vrill be used for that purpose. Cumberland County CCCS of Western PA - York Mary Loftus 55 Clover Hill Road Dallastown PA 17313 888.511.2227 mlof'tusfMcccsQa.or_a www.xcsoa.ora Pre.Purchase and Pre.Closing Educational Seminars Midland Mortgage Co. Delinquency Assistance Center P.O. Sox 266% Oklahoma Qty, 73126 • Phone (Soo) 592-3= ***REV••7.89*** PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES BY COUNTY REVISED AUGUST 1, 2008 Date: 08/24/10 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that Nee mortgage on your hone is in default, and the lender intends to foreclose- Sped information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCYMORTGAGEASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This notice cxplains how the program works To see ifHEMAP can help, you must MEET WI7HA CONSUMER CREDIT COUNSELING A GENCY WITHIN 33 DAYS OF THE DATE OF THIS N077CH Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1.800-342-2397 (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If yon 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 Mortgage Co. A*Y Delinquency Assistance Center P.O. Boot 26W8, 0WW me Cty, 73126 • Phwe (800) 552-3000 LA NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIbN OBTENGA UNA TRADUCCIbN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PR$STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO.: CURRENT LENDER/SERVICER: NICHOLAS E DAVIS 1779 KINGS ARM COURT NEW CUMBERLAND PA 17070 0053532390 MidFirst Bank/Midland Mortgage Co. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOUMAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CANSAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "fac -e to-face" ?r Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, W" M ao/, OK 73126 - Phx* (No $52-3000 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 ASSISTANCZ YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THE NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLANS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. R is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign. and file a completed Homeowner's Emergency 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 PRTA and received within thirty (30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAPAPPLIG4TIONAS SOONAS POSSYBLE IF YOUHAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE" YOU HAVE THE RIGHT TO FILE A HEMAP APPLIC42YON EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTINGA FORECLOSURE ACTION, BUTIF YOUR APPLICATIONIS EVENTUALLY APPROVED AT ANY 77ME 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 setforth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. 4, NOTE: IF YOUARE CURRENTLYPROTECTED BY THE FILING OFA PETITIONIN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED ASANA77EWT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring ft up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1779 KINGS ARM COURT NEW CUMBERLAND PA 17070 IS SERIOUSLYIN DEFAULT because YOU HAVE NOT MADE MON77ILY MORTGAGE PAYAMIM for 06101110 through 08101110, and the following amounts are also due: • 06101110 Monthly PaymentAmount of $1045.38 • 06101110 Monthly Late Charge Amount of $41.81 • Outstanding Late Charges totaling $34.89 • Outstanding Fees * totaling $18.00 *For a breakdown of the fees listed above, please call 1-800-552-3000. TOTAL AMOUNT PAST DUE: $3334.40 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 $3334.40, 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 check 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 DEFA ULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise Its rights to accelerate the mortgage debt. Air means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF 737E MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may include other reasonable costs. ffyou cure the default within the THIRTY (30) DAYperiod, you will not be required to pay attorney's fees. • OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheri?"s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the 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 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. Nance of Lender: Midland Mortgage Co. Address: 999 N.W. Grand Blvd. Oklahoma City, OK 73188 Phone Number. 1-800-552.3000 Fax Number: 1405-767-5500 EFFECT OF SHERIFF'S SALE - You should realize that a Sherifs 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 Sherj'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 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. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.' TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. Enclosed is a list of consumer credit counseling agencies serving your county. Ul N to ru rl ri M 0 0 4 0 M1 to rl O rq a r- PoS4?pa t CWVW F" Ream R?o F» Pork (End:::;; t R.aNptuin0 Mq? Tcu TRACE C DAVIS r 1779 KINGS ARM COURT NEW CUMBERLAND PA 17070 ..?. _. or PC *If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of TruA or you are cuerent(y in bankn4*y under the protection of the automatic stay, this letter Is not an attempt to collect the debt, but any default will need to be aced to avoid foreclosure. If your loan was in default at the time Midland began sarvicing it and you have not filed bankruptcy or received a discharge of the debt seared by the Mortgage/Deed of Tmst, we we required to advise you that this communication is from a debt collector, this is an attempt to collect a debt, and any inhrumdon obtained will be used for that purpose. Cumberland County CCCS of Western PA -York Mary Loftus 55 Clover Hill Road Dallastown PA 17313 888.5112227 mioftus@CCasoa.oro Pre.Purchase and Pre.Closing Educational Seminars 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 AA-i auxi B y Title Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Midfirst Bank vs. Nicholas E. Davis (et al.) Lr ofuurbrty? 0MCE Or THE r-ERIFF i = T9i?C PPOTH0NO "AR P CLJMBF UND COWL TY '*L 1,41 ILA Case Number 2010-6531 SHERIFF'S RETURN OF SERVICE 10/19/2010 07:45 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2010 at 1945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ashley Gardner, by making known unto herself personally, current occupant at 1779 Kings Arm Court, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEPtTT- 10/20/2010 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: Nicholas E. Davis, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/20/2010 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: Trace C. Davis, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 11/08/2010 York County Return: And now, November 8, 2010 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Trace C. Davis the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of York and therefore return same NOT FOUND. Request for service at 220 Sam Sneed Circle, Etters, PA 17319 the defendant was not found. Deputies were advised, Trace C. Davis is residing at 177E Kings Arms Court, New Cumberland, Pennsylvania 17070. 11/08/2010 06:31 PM - York County Return: And now November 8, 2010 at 1831 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nicholas E. Davis by making known unto himself personally, at 1105 Cartref Road, Etters, Pennsylvania 17319 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $84.30 November 30, 2010 SO ANSWEERRSS,,/ RON R ANDERSON, SHERIFF {ei CountySuite Shenfl, Teleosoft , Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, Il Chief Deputy, Operations Chief Deputy, Administration MIDFIRST BANK Case Number vs. TRACE C. DAVIS (et al.) 10-6531 CIVIL SHERIFF'S RETURN OF SERVICE 11/08/2010 06:31 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: NICHOLAS E. DAVIS AT 1105 CARTREF ROAD, ETTERS, PA 17319. O D STA L, DEPUTY 11/08/2010 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: TRACE C. DAVIS, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 1779 KINGS ARMS CT., NEW CUMBERLAND, PA 17070. THIS IS IN CUMBERLAND COUNTY. SHERIFF COST: $106.94 November 15, 2010 SO A RS, RICHARD P KE RLEBER, SHERIFF NOTARY Affirmed and subscribed to before me this 15th day of NOVEMBER 2010 COMMONWEA,TH OF PENNSYLVANIA NOTARIAL SEAL LISA L THORPE, NOTARY PUBLIC CI?Y OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12, 2013 LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 (NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717) 34-4178 ATTORNEY FOR PLAINTIFF MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C n VS. CIVIL ACTION - LAW rnw c. --•i r =M n TRACE C. DAVIS and NO. • . C JJ1, CIVIL Zr- 1.. C) NICHOLAS E. DAVIS _ Z ~ ? C7 := Defendants IN MORTGAGE FORECLOSURE ?C= fv cin X? ACCEPTANCE OF SERVICE 1, Andrew C. Sheely, hereby accept service of the Complaint in Mortgage Foreclosure on behalf of Trace C. Davis in the above captioned action. Andrew C. Sheely, Esquire 127 South Market Street Post Office Box 95 Mechanicsburg, PA 17055 (717) 697 -7050 Dated: y MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYI VANg . VS. CIVIL ACTION LAW S y" rn. TRACE C. DAVIS AND NO. 10-6531 tv ? NICHOLAS E. DAVIS, W-9t? DEFENDANT(S) ?p y. MORTGAGE FORECLOSURE =© ? PRAECIPE °= TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) TRACE C. DAVIS AND NICHOLAS E. DAVIS for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $23.71 From 05/01/2010 To 11/01/2010 Accumulated Late Charges Late Charges ($41.81 per month to 11/01/2010) Escrow Deficit 5% Attorney's Commission TOTAL $135,767.45 $4,362.64 $202.13 $209.05 $421.78 $6,788.37 $147,751.42 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By E-Kon P. Haller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 a} 's1?.06 !mil zi ?y- C? to S9?a R4?- as7 0"I N6?-oe_ Alai led MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. TRACE C. DAVIS AND NICHOLAS E. DAVIS, DEFENDANT CIVIL ACTION LAW NO. 10-6531 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ?? ? t cn r' rv c SS r n c.n . c.-D -1c .? 'C--) c?? COUNTY OF DAUPHIN ?? c, Personally appeared before me, a Notary Public in and for said Commonwealth and Coun ty, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this J day Of da8za- 20 Aota P Iic 666MM6NWEAL't H OF RaNNSYLVANIA HALLER, ESQUIRE NATFAFIIAL $EAL MARYLAND K. FVRMI, Notary Public Lower Paxton , Da%ln County My Commission x ires Au . 8, 2014 f MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA NIA CIVIL ACTION LAW ' NO. 10-6531 ° IN MORTGAGE FORECLOSURE C-q C3 C >C w Vs. TRACE C. DAVIS AND NICHOLAS E. DAVIS, DEFENDANT(S) CERTIFICATE OF SERVICE °-a -? PURSUANT TO PA. R.C.P. 237.1 T` r. C c- C"?,:r -f - CD -,- I hereby certify that on February 23, 2011 1 served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. r PA I.D. # 15700 A y for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717)234-4178 ATTORNEY FOR PLAINTIFF MIDFIRST BANK vs. Plaintiff TRACE C. DAVIS and NICHOLAS E. DAVIS Defendants: To: TRACE C. DAVIS 1779 KING ARM COURT NEW CUMBERLAND, PA 17070 NICHOLS A. DAVIS 1779 KING ARM COURT NEW CUMBELAND, PA 17070 ANDREW C. SHEELY, ESQUIRE 127 SOUTH MARKET STREET POST OFFICE BOX 95 MECHANICSBURG, PA 17055 DATE OF NOTICE: FEBRUARY 23, 2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-6531 CIVIL IN MORTGAGE FORECLOSURE TRACE C. DAVIS 220 SAM SNEAD CIRCLE ETTERS, PA 17319 NICHOLAS E. DAVIS 1105 CARTREF ROAD ETTERS, PA 17319 IMPORTANT NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 FOLLOWING OFFICE 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 TELEPHONE (717)249-3166 (800)990-9108 PURCELL, KRUG & HALLER By: /S/ Leon P. Haller Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6531 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From TRACE C. DAVIS AND NICHOLAS E. DAVIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $147,751.42 L.L.$.50 Interest Per Diem of $23.71 to Sale Date 9-7-11 - t 'l, 30.2.&B Atty's Comm % Due Prothy $2.00 Atty Paid $216.80 Plaintiff Paid Other Costs Late Charges - $gJ.81 per month to Sale Date 9/7/11 - $418.10 E ow Deficit $1,990.55 Date: 4/12/11 D. Buell, rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 10-6531 MIDFIRST BANK, VS. PLAINTIFF TRACE C. DAVIS AND NICHOLAS E. DAVIS, DEFENDANT(S) Total Judgment Amount $147,751.42 Interest $7,302.68 Per diem of $23.71 to sale date 9/7/2011 Late Charges $418.10 $41.81 per month to sale date 9/7/2011 Escrow Deficit $1,990.55 TOTAL WRIT $157,462.75 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, September 07, 2011 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE ?-? TO THE PROTHONOTARY/CLERK OF SAID COURT: i Issue Writ of Execution in the above captioned e - E . > r '.) D Date: March 23, 2011 = <c? y ? -0 -- :zo :X C) Attorney for Plaintiff 1-55 1719 North Front Street eon P. Haller C:, r Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 COMMONWEALTH OF PENNSYLV COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the abov aptioned case, you are directed to levy upon and sell the property described in the attached description known 1 9 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 Date: S aw.? 94.CuR& ool-y $4.30 COF `l 2. vduk sv 'a"" ?a?t? • d a Sk . $b GL R? as?g?y BY ARY/CLCRK CIVIL DIVISION DEPUTY I 1 ?r,?- "'? nS 1'c?.pa ALL THAT CERTAIN tract or parcel of'and situate in Lower Alen Pennsylvania, bounded and described as fo?lows. to wit: BEGINNING at a point, said point being the following nine courses and distances from Perimeter Coordinate 7 as shown on the As-Built Plan referenced herein: (1) by a curve to the right having a radius of 256.48 feet an are distance of 359.96 feet to a point at the intersection of Capitol View Drive and the centerline of Kings Arms Court; (2) along the center line of Kings Arms Court aforementioned North 45 degrees 21 minutes 15 seconds East a distance of 36.0 feet; (3) North 69 degrees 21 minutes 15 seconds East a distance of 208.0 feet; (4) North 32 degrees 21 minutes 15 seconds East a distance of 15.68 feet; (5) South 57 degrees 38 minutes 45 seconds East a distance of 83.0 feet; (6) North 32 degrees 21 minutes 15 seconds East a distance of 48.0 feet; (7) South 57 degrees 38 minutes 45 seconds East a distance of 2.0 feet; (8) North 32 degrees 21 minutes 15 seconds East a distance of 44.0 feet; (9) North 57 degrees 38 minutes 45 seconds West a distance of 4.0 feet to a point on the dividing line between Lot 84 and Lot 85, said point being the point and place of BEGINNING; thence along the dividing line between Lot 84 and Lot 85 and passing through the centerline of a party wall dividing Unit 84 and Unit 85 North 57 degrees 38 minutes 45 seconds West a distance of 28.0 feet to a point:; thence North 32 degrees 21 minutes 15 seconds East a distance of 22.0 feet to a point; thence South 57 degrees 38 minutes 45 seconds East a distance of 4.0 feet to a point on the dividing line between Lot 85 and Lot 86; thence continuing along the said dividing line and passing through the centerline of a party wall dividing Unit 85 and Unit 86 South 57 degrees 38 minutes 45 seconds East a distance of 24.0 feet to a point; thence South 32 degrees 21 minutes 15 seconds West a distance of 22.0 feet to the point and place of BEGINNING. BEING Lot No. 85 as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Section II, Hunter's Ridge, dated May 1, 1990, and recorded in Plan Book 60, Page 88. HAVING THEREON ERECTED a dwelling known as 1779 Kings Arms Court, New Cumberland, PA 17070. TAX ID#: 13-25-0008-255. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, and other matters, if any, of record and which an inspection of the premises would disclose, including (1) the Amended Final Plan for the planned residential development of Hunter's Ridge, recorded in Plan Book 58, Page 62; (2) the Declaration of Covenants, Conditions, Restrictions, and Easements for Hunter's Ridge recorded in Miscellaneous Book 365, Page 372 (the "Declaration"); and (3) any amendments or modifications to the foregoing thereafter made in accordance with the provisions of the Declaration. TOGETHER with the right to use any Limited Common Area appurtenant to the Lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of Assignment of Limited Common Areas for Hunter's Ridge dated May 10, 1990, and recorded its Miscellaneous Book 380, Page 619. BEING THE SAME PREMISES WHICH Steven E. P. 12/3/07 and recorded 12/12/07 in Cumberland County Nicholas E. Davis and Trace C. Davis, his wife. Santiago and Kathy E. Santiago, his wife, by deed dated Instrument No. 2007-46056 granted and conveyed unto TO BE SOLD AS THE PROPERTY OF TRACE C. DAVIS AND NICHOLAS E. DAVIS ON JUDGMENT NO. 10-6531 MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LAW ',-") P.,, c _ NO. 10-6531 tl cD TRACE C. DAVIS AND -t7 9 NICHOLAS E. DAVIS, c )D ?== DEFENDANT(S) IN MORTGAGE FORECLOSURE r--:Z , '? ?.? cx r AFFIDAVIT PURSUANT TO RULE 3129.1 ?o=' The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets fortVas th&date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070: 1. Name and address of the Owner(s) or Reputed Owner(s): TRACE C. DAVIS 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 TRACE C. DAVIS 220 SAM SNEAD CIRCLE ETTERS, PA 17319 NICHOLAS A. DAVIS 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 NICHOLAS E. DAVIS 1105 CARTREF ROAD ETTERS, PA 17319 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN Lower Allen Township Authority c/o Steven P. Miner, Esquire 1055 Mumma Road Suite 101 Wormleysburg, PA 17043 Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 Hunters Ridge Homeowners Association P. O. Box 454 New Cumberland, PA 17070 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 ANDREW C. SHEELY, ESQUIRE 127 SOUTH MARKET STREET P. O. BOX 95 MECHANICSBURG, PA 17055 EDMUND J. BERGER, ESQUIRE 2104 MARKET STREET - 1 ST FLOOR CAMP HILL, PA 17011 ASHLEY GARDNER 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authoriti 1-,?3Y,-Tialler PA I.D. #15700 rcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 23, 2011 MI ?F1RS"I' I3AN.K. IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUN"hY, PENNSYLVANIA VS. TRACE C. DAVIS AND NICHOLAS E. DAVIS, DEFENDANT(S) CIVIL ACTION LAW NO. 10-6531 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE a PURSUANT TO _ , PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 1 . TAKE NOTICE: < CD That the Sheriffs Sale of Real Property (real estate) will be held: A -- o F3 --? CZ) DATE: Wednesday, September 07, 2011 u' _ TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-6531 JUDGMENT AMOUNT $147,751.42 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TRACE C. DAVIS AND NICHOLAS E. DAVIS A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental ?r corporate tmtities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these. rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. C'OL' SHOULD,-, AKE THIS PAPER TO YOUR LAW"`.'[,-I AT ONCE. GO TO OR TfF-LEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FR FF., LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services. Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ;,{_1- I , I,AT C1-RTAFN tract or parcel of land situate in Lower APen ";'ownship, Cumberland Comity, "ennsylvania, bounded and described as follows, to BEGINNING at a point, said point being the following nine courses and distances from Perimeter Coordinate 7 as shown on the As-Built Plan referenced herein: (1) by a curve to the right having a radius of 256.48 feet an are distance of 359.96 feet to a point at the intersection of Capitol View Drive and the centerline of Kings Arms Court; (2) along the center line of Kings Arms Court aforementioned North 45 degrees 21 minutes 15 seconds East a distance of 36.0 feet; (3) North 69 degrees 21 minutes 15 seconds East a distance of 208.0 feet; (4) North 32 degrees 21 minutes 15 seconds East a distance of 15.68 feet; (5) South 57 degrees 38 minutes 45 seconds East a distance of 83.0 feet; (6) North 32 degrees 21 minutes 15 seconds East a distance of 48.0 feet; (7) South 57 degrees 38 minutes 45 seconds East a distance of 2.0 feet; (8) North 32 degrees 21 minutes 15 seconds East a distance of 44.0 feet; (9) North 57 degrees 38 minutes 45 seconds West a distance of 4.0 feet to a point on the dividing line between Lot 84 and Lot 85, said point being the point and place of BEGINNING; thence along the dividing line between Lot 84 and Lot 85 and passing through the centerline of a party wall dividing Unit 84 and Unit 85 North 57 degrees 38 minutes 45 seconds West a distance of 28.0 feet to a point; thence North 32 degrees 21 minutes 15 seconds East a distance of 22.0 feet to a point; thence South 57 degrees 38 minutes 45 seconds East a distance of 4.0 feet to a point on the dividing line between Lot 85 and Lot 86; thence continuing along the said dividing line and passing through the centerline of a party wall dividing Unit 85 and Unit 86 South 57 degrees 38 minutes 45 seconds East a distance of 24.0 feet to a point; thence South 32 degrees 21 minutes 15 seconds West a distance of 22.0 feet to the point and place of BEGINNING. BEING Lot No. 85 as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Section II, Hunter's Ridge, dated May 1, 1990, and recorded in Plan Book 60, Page 88. HAVING THEREON ERECTED a dwelling known as 1779 Kings Arms Court, New Cumberland, PA 17070. TAX ID#: 13-25-0008-255. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, and other matters, if any, of record and which an inspection of the premises would disclose, including (1) the Amended Final Plan for the planned residential development of Hunter's Ridge, recorded in Plan Book 58, Page 62; (2) the Declaration of Covenants, Conditions, Restrictions, and Easements for Hunter's Ridge recorded in Miscellaneous Book 365, Page 372 (the "Declaration"); and (3) any amendments or modifications to the foregoing thereafter made in accordance with the provisions of the Declaration. TOGETHER with the right to use any Limited Common Area appurtenant to the Lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of Assignment of Limited Common Areas for Hunter's Ridge dated May 10, 1990, and recorded in Miscellaneous Book 380, Page 619. BEING THE SAME PREMISES WHICH Steven E. P. 12/3/07 and recorded 12/12/07 in Cumberland County Nicholas E. Davis and Trace C. Davis, his wife. Santiago and Kathy E. Santiago, his wife, by deed dated Instrument No. 2007-46056 granted and conveyed unto TO BE SOLD AS THE PROPERTY OF TRACE C. DAVIS AND NICHOLAS E. DAVIS ON JUDGMENT NO. 10-6531 MIDFIRST BANK, VS. PLAINTIFF TRACE C. DAVIS AND NICHOLAS E. DAVIS, DEFENDANT(S) C'7 C r --j CS C) "r 1 IN THE COURT OF COMMON PLEQr rn- NIA CUMBERLAND COUNTY PENNS , y C) CIVIL ACTION LAWCz) ` NO. 10-6531 Dom ' c 4 ;Z; IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 4 J 214 I pj() t 1 , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: TRACE C. DAVIS 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 TRACE C. DAVIS 220 SAM SNEAD CIRCLE ETTERS, PA 17319 NICHOLAS A. DAVIS 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 NICHOLAS E. DAVIS 1105 CARTREF ROAD ETTERS, PA 17319 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 ANDREW C. SHEELY, ESQUIRE 127 SOUTH MARKET STREET P. O. BOX 95 MECHANICSBURG, PA 17055 EDMUND J. BERGER, ESQUIRE 2104 MARKET STREET -1 ST FLOOR CAMP HILL, PA 17011 Lower Allen Township Authority c/o Steven P. Miner, Esquire 1055 Mumma Road Suite 101 Wormleysburg, PA 17043 Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 Hunters Ridge Homeowners Association P. O. Box 454 New Cumberland, PA 17070 ASHLEY GARDNER 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 BELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELLJR. JILL M. WINEKA LISA A. RYNARD ?pt??k??GU?j iiyj Vj C?y 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FAX (717) 234-1206 TRACE C. DAVIS 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 TRACE C. DAVIS 220 SAM SNEAD CIRCLE ETTERS, PA 17319 NICHOLAS A. DAVIS 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 NICHOLAS E. DAVIS 1105 CARTREF ROAD ETTERS, PA 17319 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 ANDREW C. SHEELY, ESQUIRE 127 SOUTH MARKET STREET P. O. BOX 95 MECHANICSBURG, PA 17055 EDMUND J. BERGER, ESQUIRE 2104 MARKET STREET - 1 ST FLOOR CAMP HILL, PA 17011 HERSHEY (717)533-3836 Lower Allen Township Authority c/o Steven P. Miner, Esquire 1055 Mumma Road Suite 101 Wormleysburg, PA 17043 Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 Hunters Ridge Homeowners Association P. O. Box 454 New Cumberland, PA 17070 ASHLEY GARDNER 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real es will be divested by the sale and that you have an opportunity to protect your interest, if any, by i otified of said Sheriffs Sale. By:-,'/ 1?eon P. Haller PA I.D.15700 Attorney for Plaintiff MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. TRACE C. DAVIS AND NICHOLAS E. DAVIS, TAKE NOTICE: DEFENDANT(S) CIVIL ACTION LAW NO. 10-6531 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 07, 2011 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-6531 JUDGMENT AMOUNT $147,751.42 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TRACE C. DAVIS AND NICHOLAS E. DAVIS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point, said point being the following nine courses and distances from Perimeter Coordinate 7 as shown on the As-Built Plan referenced herein: (1) by a curve to the right having a radius of 256.48 feet an arc distance of 359.96 feet to a point at the intersection of Capitol View Drive and the centerline of Kings Arms Court; (2) along the center line of Kings Arms Court aforementioned North 45 degrees 21 minutes 15 seconds East a distance of 36.0 feet; (3) North 69 degrees 21 minutes 15 seconds East a distance of 208.0 feet; (4) North 32 degrees 21 minutes 15 seconds East a distance of 15.68 feet; (5) South 57 degrees 38 minutes 45 seconds East a distance of 83.0 feet; (6) North 32 degrees 21 minutes 15 seconds East a distance of 48.0 feet; (7) South 57 degrees 38 minutes 45 seconds East a distance of 2.0 feet; (8) North 32 degrees 21 minutes 15 seconds East a distance of 44.0 feet; (9) North 57 degrees 38 minutes 45 seconds West a distance of 4.0 feet to a point on the dividing line between Lot 84 and Lot 85, said point being the point and place of BEGINNING; thence along the dividing line between Lot 84 and Lot 85 and passing through the centerline of a party wall dividing Unit 84 and Unit 85 North 57 degrees 38 minutes 45 seconds West a distance of 28.0 feet to a point; thence North 32 degrees 21 minutes 15 seconds East a distance of 22.0 feet to a point; thence South 57 degrees 38 minutes 45 seconds East a distance of 4.0 feet to a point on the dividing line between Lot 85 and Lot 86; thence continuing along the said dividing line and passing through the centerline of a party wall dividing Unit 85 and Unit 86 South 57 degrees 38 minutes 45 seconds East a distance of 24.0 feet to a point; thence South 32 degrees 21 minutes 15 seconds West a distance of 22.0 feet to the point and place of BEGINNING. BEING Lot No. 85 as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Section II, Hunter's Ridge, dated May 1, 1990, and recorded in Plan Book 60, Page 88. HAVING THEREON ERECTED a dwelling known as 1779 Kings Arms Court, New Cumberland, PA 17070. TAX ID#: 13-25-0008-255. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, and other matters, if any, of record and which an inspection of the premises would disclose, including (1) the Amended Final Plan for the planned residential development of Hunter's Ridge, recorded in Plan Book 58, Page 62; (2) the Declaration of Covenants, Conditions, Restrictions, and Easements for Hunter's Ridge recorded in Miscellaneous Book 365, Page 372 (the "Declaration"); and (3) any amendments or modifications to the foregoing thereafter made in accordance with the provisions of the Declaration. TOGETHER with the right to use any Limited Common Area appurtenant to the Lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of Assignment of Limited Common Areas for Hunter's Ridge dated May 10, 1990, and recorded in Miscellaneous Book 380, Page 619. BEING THE SAME PREMISES WHICH Steven E. P. Santiago and Kathy E. Santiago, his wife, by deed dated 12/3/07 and recorded 12/12/07 in Cumberland County Instrument No. 2007-46056 granted and conveyed unto Nicholas E. Davis and Trace C. Davis, his wife. TO BE SOLD AS THE PROPERTY OF TRACE C. DAVIS AND NICHOLAS E. DAVIS ON JUDGMENT NO. 10-6531 MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. TRACE C. DAVIS AND NICHOLAS E. DAVIS, DEFENDANTS CIVIL ACTION LAW NO. 10-6531 IN MORTGAGE FORECLOSURE ACCEPTANCE OF SERVICE I, Nicholas E. Davis, hereby accept service of the Notice of Sheriff Sale of Real Estate scheduled for Wednesday, September 7, 2011 in the above captioned matter. ? i?A - . 'i . Nicholas E. Davis 281 Kristy Lane Harrisburg, PA 17111 DATE: 7160 3901 9649 3035 6677 TO: NICHOLAS E. DAVIS 1105 CARTREF ROAD ETTERS, PA 17319 SENDER: REFERENCE: NOS 09/07/11 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee 7160 3901 4644 3035 6707 TO: TRACE C. DAVIS 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 SENDER: REFERENCE: NOS 09/07/11 RETURN _ Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees Total Postage & Fees US Postal Service POSTMARK OR""G 'r7` ' US Postal Service POSTMARK OR• Receipt for Receipt for Certified Mail X12X11 Certified Mail ry ?? 4 No Insurance Coverage Provided No Insurance Coverage Provided Do Not Use for IMematiOnai Mae Do Not Use for MNrtnaticnel Mail -------- __... ....-.?.? , kr , ...-f.,._.._.,--------.,.u-.,---_---. _ - - - 7160 3901 4649 3035 6664 7160 3901 9649 3035 6641 TO: NICHOLAS A. DAVIS 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 SENDER: REFERENCE: NOS 09/07/11 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail POSTMARK OR 0&,F- 9 TO: TRACE C. DAVIS 220 SAM SNEAD CIRCLE a ETTERS, PA 17319 SENDER: REFERENCE: NOS 09/07/11 RETURN Postage RECEIPT SERVICE Certified Fee Return Receipt Fee Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverape Provided Do Not Use for IrnernatbrW Mail POSTMARK 09 DATE . MIDLAND MORTGAGE COMPANY v. TRACE C. DAVIS NICHOLAS E. DAVIS Cumberland County Sale 9/7/2011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TRACE C. DAVIS 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: NICHOLAS E. DAVIS 1105 CARTREF ROAD ETTERS, PA 17319 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 PI7NE J`Yf)WEs 02 1M a = 0004284324 APR26 2,111 MAILED FROM ZIP CODE 1 710 2 MIDLAND MORTGAGE COMPANY v. TRACE C. DAVIS NICHOLAS E. DAVIS Cumberland County Sale 9/7/2011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TRACE C. DAVIS 220 SAM SNEAD CIRCLE ETTERS, PA 17319 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: NICHOLAS A. DAVIS 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 9?P0S P% t 7 PI7NEY BO 0 2 1N1 $ 41.150 0004284324 APR26 2011 MAILED FROM ZIP CODE 17102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: ANDREW C. SHEELY, ESQUIRE 127 SOUTH MARKET STREET P. O. BOX 95 MECHANICSBURG, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: EDMUND J. BERGER, ESQUIRE 2104 MARKET STREET - 1sT FLOOR CAMP HILL, PA 17011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Lower Allen Township Authority c/o Steven P. Miner, Esquire 1055 Mumma Road Suite 101 ?P?ESPQSr Wormleysburg, PA 17043 0 ? PITNEY 1so4V[:5 ? n 02 1M $ 01.15° 0004284324 APP26 2011 MAILED FROM ZIPCODE 1 710 2 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Hunters Ridge Homeowners Association P. O. Box 454 New Cumberland, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: ASHLEY GARDNER 1779 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 S?P-1POgl o ? r EqTNEY BOWES 021M s-0 4- 0004284324 APF-? x'90 MAILED FROM ZIP CODE 1 710 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ati??,tr of Z41tr1bj,,, ,14, Jody S Smith Chief Deputy Richard W Stewart Solicitor L { L? i.. r,r , Ir, ?'•? 7 Midfirst Bank vs. Nicholas E. Davis (et al.) Case Number 2010-6531 SHERIFF'S RETURN OF SERVICE 06/23/2011 02:05 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be BECKY KNISELEY, SECRETARY FOR ANDREW SHEELY, ESQ., who accepted as "Adult Person in Charge" for Trace C. Davis at c/o Andrew C. Sheely, Esquire, 127 South Market Street, Mechanicsburg, PA 17055, Cumberland County. 06/28/2011 06:15 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1779 Kings Arms Court, New Cumberland, PA 17070, Cumberland County. 07/05/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Nicholas E. Davis, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of York County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 07/05/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of York County, the within named Defendant Nicholas E. Davis, not found. So Answers: Richard P. Keuerleber, Sheriff. 09/07/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Leon Haller, on behalf of, The Secretary of Veterans Affairs, of, 2375 N. Glenville Drive, MS RGV-B-85, Richardson, TX 75082, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,500.00 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF J .o c' pd, cc Ic Coun""Sutte Jhe, , Iei('oi ol1. oC. On May 11, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 1779 Kings Arms Court, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 11, 2011 By: aaLAA-/I-- 7)-A,?, ?Xj Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-6531 Civil Midfirst Bank vs. Nicholas E. Davis Trace C. Davis Atty.: Leon P. Haller ALL THAT CERTAIN tract or parcel of land situate in Lower Al- len Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point, said point being the following nine courses and distances from Perimeter Coordinate 7 as shown on the As-Built Plan referenced herein: (1) by a curve to the right having a radius of 256.48 feet an arc distance of 359.96 feet to a point at the intersection of Capitol View Drive and the center- line of Kings Arms Court; (2) along the center line of Kings Arms Court aforementioned North 45 degrees 21 minutes 15 seconds East a distance of 36.0 feet; (3) North 69 degrees 21 minutes 15 seconds East a distance of 208.0 feet; (4) North 32 degrees 21 minutes 15 seconds East a distance of 15.68 feet; (5) South 57 degrees 38 minutes 45 seconds East a distance of 83.0 feet; (6) North 32 degrees 21 minutes 15 seconds East a distance of 48.0 feet; (7) South 57 degrees 38 minutes 45 seconds East a distance of 2.0 feet; (8) North 32 degrees 21 minutes 15 seconds East a distance of 44.0 feet; (9) North 57 degrees 38 minutes 45 seconds West a distance of 4.0 feet to a point on the dividing line between Lot 84 and Lot 85, said point being the point and place of BE- GINNING; thence along the dividing line between Lot 84 and Lot 85 and passing through the centerline of a party wall dividing Unit 84 and Unit 85 North 57 degrees 38 minutes 45 seconds West a distance of 28.0 feet to a point; thence North 32 degrees 21 minutes 15 seconds East a dis- tance of 22.0 feet to a point; thence South 57 degrees 38 minutes 45 seconds East a distance of 4.0 feet to a point on the dividing line between Lot 85 and Lot 86; thence continu- ing along the said dividing line and passing through the centerline of a party wall dividing Unit 85 and Unit 86 South 57 degrees 38 minutes 45 seconds East a distance of 24.0 feet to a point; thence South 32 degrees 21 minutes 15 seconds West a dis- tance of 22.0 feet to the point and place of BEGINNING. BEING Lot No. 85 as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Sec- tion II, Hunter's Ridge, dated May 1, 1990, and recorded in Plan Book 60, Page 88. HAVING THEREON ERECTED a dwelling known as 1779 Kings Arms Court, New Cumberland, PA 17070. TAX ID#: 13-25-0008-255. UNDER AND SUBJECT, NEVER- THELESS, to all easements, restric- tions, and other matters, if any, of record and which an inspection of the premises would disclose, including (1) the Amended Final Plan for the planned residential development of Hunter's Ridge, recorded in Plan Book 58, Page 62; (2) the Declaration of Covenants, Conditions, Restric- tions, and Easements for Hunter's Ridge recorded in Miscellaneous Book 365, Page 372 (the "Declara- tion"); and (3) any amendments or modifications to the foregoing there- after made in accordance with the provisions of the Declaration. TOGETHER with the right to use any Limited Common Area ap- purtenant to the Lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of As- signment of Limited Common Areas for Hunter's Ridge dated May 10, 1990, and recorded in Miscellaneous Book 380, Page 619. 21 CUMBERLAND LAW JOURNAL BEING THE SAME PREMISES WHICH Steven E. P. Santiago and Kathy E. Santiago, his wife, by deed dated 12/3/07 and recorded 12/ 12/07 in Cumberland County Instru- ment No. 2007-46056 granted and conveyed unto Nicholas E. Davis and Trace C. Davis, his wife. TO BE SOLD AS THE PROPERTY OF TRACE C. DAVIS AND NICHO- LAS E. DAVIS ON JUDGMENT NO. 10-6531. 22 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this day of July. 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-NQws Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 the Pahiot-hetus Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07115/11 07/22/11 1 ? Sworn to and s ribed before Fhis O August, 2011 A.D. - Notary Public COMMONWEALTH OF PENNSYLVANIA Nolarlal seal Sherrie L Klsner, Notary Public FLY ower Paxton Twp., Dauphin County Commission E)Ores Nov. 26 , 2011 Member, Pennsylva nia As..Zion of Notaries 07/29/11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veterans Affairs Secretary is the grantee the same having been sold to said grantee on the 7 day of September A.D., 2011, under and by virtue of a writ Execution issued on the 12 day of April, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 6531, at the suit of Veterans Affairs Secretary against Trace C. Davis & Nicholas E. Davis is duly recorded as Instrument Number 201129275. IN TESTIMONY WHEREOF, I have her unto set my hand and seal of said office this day of A.D. -e) .. of Deeds Recorder of Do* Cumberland Cowl, Cadisle, PA My Commission res the ft Monday of Jan. 2014