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HomeMy WebLinkAbout11-4151 UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 HEATHER RILOFF, ESQUIRE - ID #309906 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadino(k,udren.com MidFirst Bank C/O Midland Mortgage Company 999 NW Grand Blvd Oklahoma City, OK 73118 Plaintiff v RAYMOND R. MOSEL P.O. BOX 522 NEW CUMBERLAND, PA 17070 TARA L. MOSEL P.O. BOX 522 NEW CUMBERLAND, PA 17070-2054 I Defendant(s) ATTORNEY FOR PLAINTIFF G.' „ICJ COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 11.y151: C jVi 1 COMPLAINT IN MORTGAGE FORECLOSURE 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 this 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 claimed in the Complaint or 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW amp aQa.00 pol aMy CL*P /y 1211 ?58?3? t THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE AVISO 1 ,_.. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUI]?t?A,SISTENCIA. LEGAL. NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once, we have mailed_to you the required information, we. will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, *Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 I. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: Assignee: Date of Assignment: Recorded Date: Book/Instrument #: age: 2. Upon information and belief Defendant(s): Raymond R. Mosel and Tara L. Mosel (hereinafter "Defendants"), are the owners of property located at 803 Rosemont Avenue, New Cumberland, PA 17070-2054, by virtue of Deed dated 10/05/1990 and recorded 10/10/1990 in Official Records Book U 34 at Page 1103 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On 08/24/2006, Defendant(s): RAYMOND R. MOSEL TARA L. MOSEL promised to pay to the order of MidFirst Bank, the principal sum of $ 88,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 08/24/2006, Defendant(s): RAYMOND R. MOSEL TARA L. MOSEL to secure the Note, mortgaged to MidFirst Bank, the Property which is the subject of this action. The Mortgage was recorded on 09/06/2006 in Official Records Book 1964 at Page 900. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 11/01/201.0, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. F 6. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as- follows: (a) By failing or refusing to pay the instalhnents of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance $89,685.93 Accumulated Late Charges $220.08 Escrow Deficit/(Reserve) $154.58 Title Report $325.00 Attorney Fees- Estimated $1,300.00 Grand Total $91,685.59 The above figures are calculated as of 05/04/2011: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 7.87500 %•. The per diem interest accruing on this debt is $19.35 and that sum should be added each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of k T the note and mortgage charged monthly at $33.10. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage, The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A". WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $91,685.59 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFS, BY: Marguerite Thomas, Esquire PA D 204460 LEGAL DESCRIPTION THE FOLLOWING DESCRIBED RgAL PROPERTY SITUATE IN THE BOROUGH 'OF NEW CUMBERLAND, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN 1?.fffl BOROUGH OF NEW CUMBERLAND IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING KNOWN AS LOT NO. 3, SECTION D, PLAN NO.5 OF ROSEMONT, PLAN BOOK 3, PAGE 64, BEING MORE FULLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN OF SURVEY BY GERRIT J. BETZ ASSOCIATES, INC., ENGINEERS AND SURVEYORS, DATED FEBRUARY 2,1979, AND BEARING DRAWING NO. 79049, AS FOLLOWS, TO WIT: BEGINNING AT A NAIL FOUND ON THE NORTHWEST SIDE OF ROSEMONT AVENUE (50 FEET WIDE RIGHT-of-WAYS AT A CORNER OF LOT NO.1 OF THE ABOVE MENTIONED PLAN OF LOTS, SAID NAIL BEING MEASURED 134.82 FEET TO THE NORTHWEST CORNER OF ROSEMONT AVENUE AND WOODLAND AVENUE (BOTH EXTENDED); THENCE EXTENDING FROM SAID BEGAN MG NAIL AND ALONG THE NORTHWEST SIDE OF ROSEMONT AVENUE, SOUTH 44 DEGREES 30 MINUTES WEST 60.00 FEET TO A NAIL FOUND AT A CORNER OF LOT NO.4 OF TIM ABOVE MENTIONED PLAN OF LOTS; THENCE EXTENDING ALONG SAME NORTH 45 DEGREES 30 MD4MS WEST 100.00 FEET TO A HUB FOUND AT A CORNER OF - -- --- LOT 12--Oi+ PLAN OF LOM TIENCE-EXTENDING ALONG SAME N IH'4t DEMMW"MMUTESBAST 2923:'FEET-TO-A CORNER-OP-LOT M.2 OF T1 k 'V&MWn NDPLAR-OFT OTS THENCE°EXTENDING ALONG SAME SOUTH 81 D96RECS 00 M* MUTES 52.51 FEET'TO AN IRON PIN AT A CORNER OF LOT NO., 1 AFOREMENTIONED, OF THE ABOVE-MENTIONED PLAN OF LOTS, T MCE EXTENDING ALONG SAME SSOUTH 45 DEGREES 30 MINUTES EAST 57.00 FM TO THE FIRSTMENTIONED NAIL AND PLACE OF BEGINNING. BEING KNOWN AND NUMBERED AS 803 ROSEMONT AVENUE, NEW CUMBERLAND, PA. TAX ID #: 25-25-0006.450 BY FEE SIMPLE DEED FROM MAT MEW E. FOLTZ AND ELEANOR D. FOLTZ, HUSBAND AND WIFE, FORMERLY KNOWN AS ELEANOR D. POTTER AS SET FORTH IN DEED BOOK U34, PAGE 1103 AND RECORDED ON 10!10/1990, CUMBERLAND COUNTY RECORDS. THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVE REFERENCED SOURCE. noel 1133566306-e10P17 MORTGAGE LWM 615797A19 I Certify this to be recorded US Rsaordinps Tn Cu-mberland County PA :& Midland Mortgage Co. Delinquency Assistance Center A4WRO. Box 26648, Oklahoma ?ty, OK 73176 • Phone (ODD) 552-3000 ***REV**7,99*** PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES BY COUNTY REVISED AUGUST 1, 2008 Date: 03/29/11 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM - ::-F G7-1 O URE Y7nis is an official notice that the mortgage on your home is in default, sand the,lender intends to foreclose. Spec f c igormadon about the nature of the default is provided in the attached pages Tl:e HOMEOWNER'S EMERGENCYMORTGAGEASSISTANCE 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 COUNSELINGAGENCY 0ITHIN33 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 Ifyou 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 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. EXHIBIT Midland Mortgage Co. Delinquency Assistance Center A4WP-0, Box 26648, OM mne Oty, OK 73126 • Phone (800) 552-3000 LA NOTMCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 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 CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): RAYMOND R MOSEL TARA L MOSEL PROPERTY ADDRESS: 803 ROSEMONT AVE. NEW CUMBERLAND PA 17070-2054 LOAN ACCOUNT NO.: 0615737019 CURRENT LENDER/SERVICER: MidFirst Bank/Midland Mortgage Co. HOMEOW.NER'S EMMERGEN+CY.'MORTGAGE'ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE *WCH 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-face" Midland Mortgage Co. Delinquency Assistance Center P.D. Box 26646, Oklahoma Qty, OK 73126 • Phone (BOQ) 552-3= meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you. far 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 ofyour intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set. forth later in this Notice (see following pages for specific information about the nature of your default) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and .file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice Only consumer credit counseling ;agencies have applications far the,program and they will assist you in st+b iaittirrg a comp ote apglicat bn to the Pennsylvania Housing Finance Agency- T& lemporarily 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 counselingagency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WIM A.COUNSELING AGENCY WITHIN 33 DAYS`OF THE POSTMARK DATE OF THIS 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 THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE " 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 APPLICATIONIS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION-Available funds.for emergency mortgage assistance are very limited Thee will be disbursed by the Agency tinder 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 PETITIONIN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED ASANATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at, 803 ROSE-MONT AVE NEW CUMBERLAND PA 17070-2054 IS SERIOUSLYBV DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYARN M far 11/01/10 through 03101111, and the following amounts are also due * 11/01/10 Monthly Payment Amount of $816.67 * 11/01/10 Monthly Late Charge Amount of $33.10 * Outstanding Late Charges totaling S. 00 * Outstanding Fees * totaling $220 08 *For a breakdown of the, fees listed above, please call 1-800-552-3000. TOTALAMOUNTPASTDUE. $4588.73 HOW TO CURE TH-P'DEFAULT - You raay cure the default within THIRT7' (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4588.73, PLUS ANY MORTGAGE PAYMENTS AArD LATE CHARGES WHICH BECOME PAST DUE DURING THE THIRTY (30) DAY PERfOD. Payments must be made either by cashier's check certified check or money order made payable and sent to., Midland Mortgage Co. "9 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, llte 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 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 refer.s,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, iflegal 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 Sher ffs 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 Sherifs 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 We. 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: r NameofLender.. .Midland Mottgt±?Egc.Co, Address: 999 N.W. Grand Blvd. Oklahoma City, OK 73188 Phone Number: l-800.552-3000 Fax Number: 1-405-767-5500 EFFECT OF SHERIFF'S SALE - You should realize that a- Sheriffs 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 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 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 HA VE THE RIGHT: • 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 0 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. tr a, - _n s . . d .0 U m .Q C3 RO Q Reslricled 1 ° tEnd---AR A L MOSEL r- Total post:10 BOX 522 d JEW CUMBERLAND PA 17070- r-3 ent o '.054 LN#615737019 p SireetiipCi,. r. P0PO Box No. *If you have received a bankruptcy discharge of the debt secured by the MortgagelDeed of Trust or you are currently in bankruptcy under the protection of the automatic any, 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 Mortgage/Deed of Trust, we are required to advise you that this communication is from 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 Hill Road Dallastown PA 17313 888.511.2227 mloftusgbcccspe.orn www.cccspa.org Pre.Purchase and Pre.Closing Educational Seminars Midland Mortgage Co. Delinquency Assistance Center RO. Box 26648, Wahoma C7ty, OK 73126 • Phone (800) 552-3000 .'"R **7,89*** PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES BY COUNTY REVISED AUGUST 1, 2008 Date: 03/29/11 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an of cial notice that tire mortgage on your home is in default, and the lender intends to foreclose Speck information about the nature of the default is provided in the attached pages; The HOMEOWNER'S EMERGENCYMORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how floe program works. To see if REMAP can help, you must MEET RMA CONSUMER CREDIT COUNSELINW 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 tloe 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 you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. Midland Mortgage Co. Delinquency Assistance Center P, 0. Banc 26648, Oklahoma Gty, OK 73126 - Phone (800) 552-30DO LA NOTIFICACION 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 PRPSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMM SU HIPOTECA. HOMEOWNER'S NAME(S): RAYMOND R MOSEL TARA L MOSEL PROPERTY ADDRESS: LOAN ACCOUNT NO..: 803 ROSEMONT AVE. NEW CUMBERLAND 0615737019 PA 17070-2054 CURRENT LENDER/SERVICER: MidFirst Bank/Midland Mortgage Co. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE 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 "face-to-face" Midland Mortgage Co. Delinquency Assistance Center P.O. Bwc 26648, Oklahoma Gty, OK 73126 • Phone (800) 552-3000 meeting with one of the consumer credit counseling agencies listed at the and of this Notice.. T 7S MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you, for thirty (30) days after the date of this meeting. 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-lo-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 sio im!tag? a-comPlate application-to the Pennsylvania Housing Finance Agency To temporarily stop `'the lender from ng a foreclosure action, your application 111I1UST. be forwarded to PHFA and received within thirty (30) days ofyour face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS$OONASPOSSIBLE, IFYOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS 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 THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." 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 APPLICATION .IS EVENTUALL Y APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION - Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application NOTE; IF YOUARE CURREN7LYPROTECTED BY THE FILING OFA PETITIONIN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at 803 ROSEMONT AVE NEW CUMBERLAND PA 17070-2054 IS SERIOUSLYIN DEFA ULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for 11/01/10 through 03101111, and the following amounts are also due. • 11/01/10 Monthly Payment Amount of $816,67 • 11/01/10 Monthly Late Charge Amount of $33.10 • Outstanding Late Charges totaling $, 00 • Outstanding Fees * totaling $220 08 *For a breakdown of the fees listed above, please call 1-800-552-3000 TOTAL AMOUNT PASTDUE; $438&73 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 $4588.73, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME PAST DUE DURING :THE THIRTY (30) DAY PENOD, ...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 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 DEFA U1.T 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 Sherrs 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, s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER; Name of Lender. Midland Mortgage Co. Address. 999 N.W Grand Blvd. 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 Sheriffs 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 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 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. • 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 L.AW. Enclosed is a list of consumer credit counseling agencies serving your county. Ln R M pos,egs $ -0 Cedi4ed Fae M Retum C3 (Endorsed RAYMOND R MOSEL ? Rastdded I C3 (Endorsamm PO BOX 522 NEW Toter Post: 0 2054 CUMBER LN# 615737019 ? fO ------------- ra Shea{ - No. --°--..-...^----------------------------------- tC3 or PO ;N o. l`- CTIy ...................................................................... *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 cured to ovoid 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 MortgageMeed of Trust, we are required to advise you that this communication is from 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 Hill Road Dallastown PA 17313 888.5112227 mloftus0cccspa.orr www.c=soa.orQ Pre.Purchase and Pre.Ciosing Educational Seminars Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26698, Oklahoma Oty, 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: 03/29/11 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. Specific information about the mature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCYMORTGAGEASSISTANCE PROGRAM (HEMAP) nnay 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 3.3 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the CounselingAgenc3. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. f you have any questions, you inay call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons Wilk impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. Midland Mortgage Co. Delinquency Assistance Center P.O: Box 26648, Oklahoma City, OK 73126 • Phone (B00) 552-3000 LA NOTIFICACIbN 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 TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA. HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRICSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DE RE' CHO A RE, DIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS LOAN ACCOUNT NO.: CURRENT LENDER/SERVICER: RAYMOND R MOSEL TARA L MOSEL 803 ROSEMONT AVE NEW CUMBERLAND 0615737019 PA 17070-2054 MidFirst Bank/Midland Mortgage Co. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCLIL ASSISTANCE WHICH CANSAVE YOUR HOME FROM FORECLOSURE AND HELP YOUMAKE 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-face" Midland Mortgage Co. Delinquency Assistance Center A44fP.0. Box 26648, Oklahoma qty, OK 73126 - Phone (800) 552-3000 meeting with one of the consumer credit counseling agencies listed at the end of this Notice.. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consigner 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 count 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 i??unrediately 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 fi-o?rr the Homeowner's Emergency Mortgage Assistance Program. To do so, you muss 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 far the program and they will .assist you, in submitting a rrpleteaplrlicartinn,to the.Penns)dvania Housing,Finance.Ag c.Y ,1'01#hporarily stop the lender from filing 'a foreclosure action, your application MUST heforivarded to PHFA and received within thirty (30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA 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 "TEMPORARY STAY OF FORECLOSURE." 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 APPLICATIONIS EVENTUALLY APPROVED AT ANYTIME BEFORE A SHERIFF'S SALE, THE.FORECLOSURE WILL BE STOPPED. AGENCYACTION- Available fonds 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 j 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. Midland Mortgage Co. Delinquency Assistance Center A4VP,O, Box 26648, Oklahoma l7ty, OK 73126 • Phone (800) 552-3(00 NOTE: IF YOUARE CURRENTLY PROTECTED BY THE FILING OFA PETITIONIN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGA GE DEFA ULT (Bring it itp to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 803 ROSEMONT AVE NEW CUMBERLAND PA 17070-2054 IS SERIOUSLYIN DEFAULT because YOU HAVE NOT MADE MONTHLYMORTGAGE PAYMENTSfor 11/01/10 through 03101111, and the following amounts are also due. • 11/01/10 Monthly Payment Amount of $816.67 • 11/01/10 Morrlluly Late Cluarge Amount of $33.10 • Outstanding Late Charges totaling $, 00 • Outstanding Fees* totaling $120.08 *For a br eakdo1+n1 of the fees listed above, please call 1-800-S:SZ-300Q. TOTAL AMOUNT PAST DUE: $4388.73 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 $1588.73, PLUS ANY MORTGAGE PAYMENTS. AND LATE -CHARGES WHICH BECOME PAST DUE DURING THE THIRTY (30) DAY PERM. :Payments must be made either by cashier's check cerlifred 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, lire leruder inte"(1s to exercise its rights to accelerate lire 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 f rll 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 Sheri to pay off the mortgage debt If the leader 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 atlorney's, fees that were actually incurred, tip to $50.00. However, if legal proceedings are started against your, 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 lire THIRTY (30) DAY period, your will not be required to pay attorney's, fees. Midland Mortgage Co. defaulted. hWP-O. Delinquency Assistance Center RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If your have not cared the default within the THIRTY (30) DAY period and. foreclosure proceedings hm?e begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount 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 Shere's Sale as specified in writing by the lender and by performing airy other requirements tinder 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 Box 26648, Oklahoma My, OK 73126 • Phone (800) 5523000 OTHER LENDER REMEDIES -The lender Wray also site you personally for the unpaid principal balance and all other sums due under the mortgage.. 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: Na ne of Leader: Midland Mortgage Co. Address: 999 N.W. Grand Blvd. Oldahoma 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 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 after the Sheriff's Sale, a lawsuit to remove you and your fir rnishings and other belongings could be started by the lender- at any tune. ASSUMPTION OFMORTGAGE - 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.• • 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. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26646, Oklahoma City, DK 73126 • Phone (800) 552-3000 • 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. *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 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 Mortgage/Deed of Trust, we are required to advise you that this communication is from 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 Hill Road Dallastown PA 17313 888.511.2227 ml0ftlJ89bQccsa8.0rJc. www.cccsoa.or4 Pre.Purchase and Pre.Closing Educational Seminars M F4*uga s - carUfled Fes ra Postmark C Retum Reoadpt Fee Here O (EndorsementRequired) M Fee Restricted Dell 0 (Endorsement Red) =, a rl L7 Total Pestoga& RAYMOND R MOSEL em o 803 ROSEMONT AVE ,'?? _ NEW CUMBERLAND PA 17070- orPOSwn% 2054 Loan #615737019 C!ry Sfete SIP+a =rr r Midland Mortgage Co. Delinquency Assistance Center P O. Box 26648, Oklahoma aty, OK 73326 • Phone (800) 552-300D ***REV**7.89*** PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES BY COUNTY REVISED AUGUST 1, 2008 Date: 03/29/11 ACT 91 NOTICE This is an official notice that the mortgage on your home is its default, and the lender intends to foreclose. Specific in/brination 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 [ratite 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 lire CoumselingAgency. The name, address, and phone number of ConsumerCredit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call Ilse 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 you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. Midland Mortgage Co. Delinquency Assistance Center A4VP.O. Box 26648, OWahoma My, OK 73126 - Phone (800) 552-3000 LA NOTUICACION EN ADdUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 96HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): RAYMOND R MOSEL TARA L MOSEL PROPERTY ADDRESS: 803 ROSEMONT AVE NEW CUMBERLAND PA 17070-2054 LOAN ACCOUNT NO.: 0615737019 CURRENT LENDER/SERVICER: MidFirst Bank/Midland Mortgage Co. j HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCL4L ASSISTANCE WHICH CANSAVE YOUR HOME FROM FORECLOSUREAND HELP YOUMAKE 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-face" Midland Mortgage Co. Delinquency Assistance Center P.O. Sox 26648, Oklahoma atq, OK 73126 • Phone (800) 552-3000 meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAL-LED "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 corrs:rrner° credit counseling agencies listed at the end of this Notice, tl:e 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 properly 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 fro?rr the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Horneowner'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. fior ,the p?mgraur and ..they will assist you in submitting a complete. application to fire pennsWl'ania Iloersing Finance Agency. To temporarily stop the leader fronr_frling a foreclosure action, your application MOIST be forwarded io PHFA and received within thirty (30) days of your, face-to face meeting with the counseling agency YOU SHOULD FILE A HEMAPAPPLICATIONAS SOONAS POSSIBLE. IFYOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS 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 THE SECTION CALLED `TEMPORARY STAY OF FORECLOSURE.- YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTINGA FORECLOSURE ACTION, BUT IF YOUR APPLICATIONIS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION-Available frrrrds.for emergency mortgage assistance are verylimited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You mill be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, Oklahoma Oty, OK 73126 • Phone (800) 552-3000 NOTE. IF YOUARE CURRENTLY PROTECTED BY THE FILING OFA PETITIONIN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it rip to slate). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 803 ROSE MONT AVE NEW CUMBERLAND PA 17070-2054 IS SERIOUSLYIN DEFAULT because YOU HAVE NOT MADE MONTHLYMORTGAGE PAYMENTS for 11/01/10 through 03/01/11, and the following amounts are also due: 11/01/10 Motntlnly Paytrnent Asrount of'$816. 67 • 11/01/10 Monthly Late Charge Amount of $33.10 • Outstanding Late Charges totaling $..00 • Outstanding Fees * totaling $ 220.08 *For a breakdown of the fees. listed above, please call 1-800-552-3000 TOTAL AMOUNT PA$TDUE. $4588.73 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 $4588.73, 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 lire 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 THIRTY, (30)- DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon yoitr mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt If'ihe 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 tf they exceed $50.00 Any attorney's fees will be added to the annount you owe the lender, which may include other reasonable costs. If you cure the default within the THIRTY (30) DAYperiod, your spill not be required to pay attorney's fees. Midland Mortgage Co. AWP.0Box 26698, Oldehoma Oty, OK 73126 • Phone (800) 552-3000 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If yort have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the defrntlt and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past dire, plus ally late or other charges then due, reasonable attorney's.fees and costs connected with the foreclosure sale and any other coasts connected with the Sheriffs 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. Delinquency Assistance Center OTHER LENDER REMEDIES -The lender may also sue you personally for the ur:paid principal balance and all other suers clue raider the mortgage. 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. HON' TO CONTACT THE LENDER; Nance of Lender. Midland Mortgage Co. Address. 999 N.W. Grand Blvd. Oldahoma City, OK 73188 Phone Number. 1-800-552-3000 Fax Number. 1405-767-5500 EFFECT OF SHERIFF'S SALE - You should realize that a Sherff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a le n?suit to remove you and yore- fru•nishings 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. YOUMAYALSO HAVE THE RIGHT: • 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. 0 TO HAVE. THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. r Midland Mortgage Co. A4VP.o, Box 26688, Oklahoma Uty, OK 73126 • Phone (800) 552-31)00 • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. Delinquency Assistance Center • 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 M ANY CALENDAR YEAR.) • 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 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 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 Mortgage/Deed of Trust, we are required to advise you that this communication is from 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 Hill Road Dallastown PA 17313 888.511,2227 mloftus;Qcccsoa.ora www.cccsaa.ora Pre.Purchase and Pre Closing Educational Seminars CERTIFIED rJ Ir C3 , ni m ? OFF ICIAIa U 8- E_ M postage S .a Cerli(ied Fee (D Relum Receipt Fee Postmark d (Endorsement RegWrad) Here Flostdclad Oe" Fee © (Endorsement R.,.u r-q ra TotalPosiag TARA L MOSEL O enr o 803 ROSEMONT AVENUE a NEW CUMBERLND PA 17070 0 3Tieef,Api'Fro Loan #615737019 r- or PO Bar No. VERIFICATION The undersigned, hereby states that he/she is the attorney for the Plaintiff; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents. The statements made in the foregoing pleading are true and correct to the best of his/her information and belief and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LA FF S, P.C. BY: UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 == -== CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ,', ` SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 DANIEL S. SIEDMAN, ESQUIRE - ID #306534 - HEATHER RILOFF, ESQUIRE - ID #309906 .. CD ?. WOODCREST CORPORATE CENTER G 111 WOODCREST ROAD, SUITE 200 5 co CHERRY HILL, NJ 08003-3620 856-669-5400 pleadinesAmdren.com MidFirst Bank COURT OF COMMON PLEAS 999 NW Grand Blvd, Oklahoma City, OK CIVIL DIVISION 73118 CUMBERLAND County Plaintiff v. RAYMOND R. MOSEL P.O.. BOX 32? NEW CUM$ERMAND, PA-17070 TARA L. MOSEL P.O. BOX 522 NEW CUMBERLAND, PA 17070-2054 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire, Sherri J. Braunstein, Esquire; Chandra M. Arkema, Esquire; Marguerite L. Thomas, Esquire; Daniel S. Siedman, Esquire; Heather Riloff, Esquire on behalf of the Plaintiff, in the above-captioned matter. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 MIDFIRST BANK :COURT OF COMMON PLEAS 999 NW GRAND BLVD :CIVIL DIVISION OKLAHOMA CITY, OK 73118 €:CUMBERLAND County {} " Plaintiff - - ` l V. € NO. 11-4151-CIVIL ? r 1r" RAYMOND R. MOSEL zr N 0 ?+ TARA L. MOSEL -Cy ? PO BOX 522 sip '?-- 3 ' NEW CUMBERLAND, PA 17070 ) ©r =' c ? G Defendant (s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE -- -4 TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. Attorney for Plaintiff DATED: July 20, 2012 KASSIA FIALKOFF, ESQUIRE PA ID 310530 11030268-1