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HomeMy WebLinkAbout12-3140 Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com MIDFIRST BANK Plaintiff vs. CYNTHIA EISENHART A/K/A CYNTHIA M. EISENHART AND TIMOTHY EISENHART A/K/A TIMOTHY C. EISENHART Defendants 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 PF,RESF,NTADAS, ES ABSOLUTAMENTE NECESSARIO QUE LISTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SF,RVIDO 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 CIJALQUIER 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 PIJF,DA PER-DER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DF,MANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SF,RVICIO DE RF,FERENCIA DF-, ABOGADOS). (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 ? is-??ro C?Irci IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. S Q? ? 103.7?pa ?k-tJ I7(?SgS ?{? c97 SHIo? MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CYNTHIA EISENHART A/K/A CYNTHIA M. EISENHART AND TIMOTHY EISENHART A/K/A TIMOTHY C. EISENHART, 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. CYNTHIA EISENHART A/K/A CYNTHIA M. EISENHART AND TIMOTHY EISENHART A/K/A TIMOTHY C. EISENHART, Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff is MIDFIRST BANK, a corporation, whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. The Defendants, CYNTHIA EISENHART A/K/A CYNTHIA M. EISENHART and TIMOTHY EISENHART A/K/A TIMOTHY C. EISENHART, are adult individuals whose last known address is 904 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055. 3. On or about, January 18, 2007, the Defendants executed and delivered a Mortgage Note in the sum of $202,954.00 payable to FRANKLIN FIRST FINANCIAL, LTD, 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 Franklin First Financial, LTD, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on February 1, 2007 in Mortgage Book 1981, Page 846 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for recording, which Assignment is attached hereto and marked Exhibit "B". The said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 904 HAWTHORNE AVENUE, MECHANICSBURG, PA 17055 and is more particularly described in Exhibit "C" 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 November 01, 2011 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL, BALANCE Interest at $39.39 per clay From 10/01/2011 To 06/01/2012 ( based on contract rate; of 7.5000%) Accumulated Late Charges Good through 05/05/2012 Escrow Deficit Corporate Advance Attorney's Fee at 5% of Principal Balance TOTAL $189,066.99 $9,453.36 $397.32 $848.41 $72.00 $9,453.35 $209,291.43 "Together with interest at the per diem rate noted above after Tune 01, 2012 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendants by letters dated March 14, 2012 as required by Pennsylvania Act No. 6 of 1974, as amended. Copies of the March 14, 2012 Act 6 Notices are attached hereto and marked Exhibit "D". 9. 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 Service Members Civil Relief Act, as amended. Copies of the website reports from the Department of Defense Manpower Data Center, confirming non-active military duty are attached as Exhibit "E". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.5000% ($39.39 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: / I . PU CELL, KRUG & HALLER Le P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) 0 MIN: 100284900612040176 NOTE • FISENtllf_R T X_ ORIGINAL S Loan Number: 70002149 JANUARY 18, 2007 Patel FHA CASE NO. Z -O 441-7894173-703 904 HAWTHORNE AVE, MECHANICSBURG, PENNSYLVANIA 17055 [Property Addrtxsl 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means FRANKLIN FIRST FINANCIAL, LTD, A NEW YORK CORPORATION and Its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of TWO HUNDRED TWO THOUSAND NINE HUNDRED FIFTY-FOUR AND 00/100 Dollars (U.S.s 202, 954.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SEVEN AND 500/1000 percent ( 7 . 500 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on MARCH 1,. 2007 . Any principal and interest remaining on the first day of FEBRUARY 1, 2037 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 445 BROADHOLLOW RD. SUITE 215, MELVILLE, NEW YORK 11747 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 1, 419. 08 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) ABonge to this Note for Payment Adjustments if an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated Into and shall amend and supplement the covenants of this Note as If the allonge were a part of this Note. (Check. applicable box.) ? Growing Equity Allonge ? Graduated Payment ABonge ? Other )specify) 5. BORROWER'S RIGHT TO PREPAY Borrower has thr; right to pay the debt evidenced by this Note. In whole or In part, without charge or penalty, on the first day of any month. Ltmder shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. MMT.WATE-FHA FIXED RATE NOTE (r" o? sya.A,. i:. nom 6141342 Page I of 2 6. BORROWER'S FAILURE: TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge In the amount of FOUR AND 000/1000 percent ( 4.000 %) of the, overdue amount of each payment. (B) Default If Borrower defaults by failing to pay In full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the rase of payment defaults, require immediate payment In full of the principal balance remaining due and all accrued interest. Lender may choose no( to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require Immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note. "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required Immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and aay other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or b,Y mailing it by fast class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONSOF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made In this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made In this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW. Borrower accepts and agrees to (he terms and covenants contained in pages I and 2 of this Note. p r/a'ED " (seal) (Seal) TIMOTRIY EISENHART -Borrower CYN HIA EISENHART -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower MULIWATE-FHA FIXED RATE MUM (WW D¢_ sy-.1- rwo as.rxr Page 2 of 2 FRANKLIN FIRST FINANCIAL, LTD. 329 Hempstead Turnpike West Hempstead, NY 11552 Allon ee To Note ` Borrower (s) Name: TIMOTHY EISENHART CYNTHIA EISENHART Property Addiress: 904 HAWTHORNE AVE, MECHANICSBURG, PA 17055 Loan Amount;; $202,954 Loan I.D. Number: 70002149 Note Date: 01/18/2007 Pay to the order of without recourse. ????e;? lips:" Franklin First Financial, LTD CSI Ad4-4 ,6 Mark H. Feldinan Mark H. Feldman - Chief Financial Officer Prepared by and Return to: Kari Wilson MidFirst Bank 2730 North Portland Avenue Olahoma City, OK 73107 Loan # 54686876 MIN No. 100284900612040176 MERS Phone: (888) 679-6377 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Franklin First Financial, LTD, A New York Corporation, its successors and assigns, 1901 E. Voorhees Street, Suite C, Danville, IL 61834, (hereinafter called the "Assignor"), does hereby grant, convey, assign, transfer and set over to MidFirst Bank, A Federally Chartered Savings Association, 999 NW Grand Blvd., Suite 100 Oklahoma City, OK 73118, (hereinafter called the "Assignee'), its successors and assign's, all to the Assignor's rights, title and interest in and to: The Mortgage dated 01/18/2007, executed by Timothy Eisenhart and Cynthia Eisenhart, joint tenants, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Franklin First Financial, LTD, A New York Corporation, recorded on 02/01/2007, in Book 1981, Page 0846, in the Office of the Recorder, Cumberland County, State of Pennsylvania, and covers the following real property and all improvements: Mortgage Amount: $202,954.00 Property Address: 904 Hawthorne Ave, Mechanicsburg, Pennsylvania 17055 Parcel Number: 42302108265 Legal Description: See Attached for Legal Description. 7t-tl In Witness Whereof, the undersigned corporation has caused this instrument to be executed ?day of May, 2012. ATTEST: ortgage Electronic Registration Systems, Inc., i so ely s nominee for Fr in First ancial, LTD rNew Yor rporation, its su censors and (cans Bette GaAver / 1 / Vice President (;Ck? h4t, 9 STATE OF OKLAHOMA COUNTY OF OKLAHOMA On this day of May, 2012, before me, a Notary Public, in and for said county, personally appeared Bette Garver, to me personally known, who being by me duly sworn did say that she is the Vice President of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Franklin First Financial, LTD, A New York Corporation, its successors and assigns, and that the within instrument was signed on behalf of said corporation by authority of its Board of Directors, and that they acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, executed for the uses and purposes set forth. In testimony whereof, I have hereunto set my hand and official seal this - day of May, 2012. a # 10010061 `- 5 N [D(P. 12872114 ¢ aq S. Ward Notary Public =9rF AU8?1?-'?° ° My Commission Expires: 12/2/2014 0' 1 do hereby certify that the address of the assignee is: MidFirst Bank, 999 NW Grand Blvd., Suite 100 Oldahoma City, OK 73118 Sarah Fonseca ALL THAT CERTAIN PIECE OR PARCEL. OF LAND SITUATE, LYING AND BEING IN UPPER ALLEN TOWNSHIP, CUM nLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRrBEJ) AS FOLLOWS; BEGINMNG AT A POINT ON THE NORTHERN LINE OF HAWTHORN AVENUE, AT THE SOUTHWEST CORNER OF LOT NUMBER. 79, AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY THE NORTHERN LINE OF HAWTHORN AVENUE, NORTH EIGIM-EIGHT DEGREES FIFTY-FIVE MINUTES WEST (NORTH 88 DEGREES 55 MINUTES WFM-h ONE HUNDRED WE AND EIGHT HUNDREDTHS (1©5.08) FEET TO A POINT; THENCE NORTTI ONE DEGREES FIVE MINUTES EAST (NORTH 01 DEGREES 05 MINUTES EAST), ONE HUNDRED NINETY-FOUR AND EIGHT HUNDREDTHS (194.08) FEET TO A POINT; THENCE NORTH SEVENTY DEGREES FIFTY-THREE MINUTES NL*YE SECONDS EAST (NORTH. 70 DEGREES 53 MIN TES 09 SECONDS EAST), ONE HUNDRED ELEWN AND NINETY-SIX HUNDREDTHS (I L%) FEET TO A POINTY THENCE BY THE DIVIDING LINE BETWEEN LOT NUMBER 78 AND LOTS NUMBERS 101 AND 79, SOUTH ONE DEGREES FIVE MINUTES WEST (S 01 DEGREES 05 MINUTES WEST), TWO HUNDRED THIRTY-TWO AND SEVENTY-TRRI:F HUNDREDTHS (232.7:3) FEET TO A POINT, THE PLACF. OF BEGINNING. BEING LOT NO. 78 ON THE PLAN OF LOTS OF ClXaX 3QUARE MANOR, EXTENSION "A", PLAN NUMBER 7, WIIICR PLAN IS 12E CORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE IN PLAN BOOK 31, PAGE 36. HAVING THEREON ETZCTE:D, A DWELLING HOUSE BEING xNOWN AND NUMBERED AS PREMISES 904 HAWTHORN AVENUE, NILCRANI0BURG, FEMISYLVANTA. Lyk bit' C' tDELIN0. 'CENTER -(M' I RMa E Mas 111 aE Midland Mortgage A Division of Midi?-St Rank 1'.0. Box 26048- Oklahoma City, OK 73126 • 500.552.3000 03/14/12 ?... MDERR441 R 264 E 264 9 1 P 1 01 2 TIMOTHY EISENHART 904 HAWTHORNE AVE ow Le l MECHANICSBURG PA 17055.5731 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE UNDER SECTION 403 OF PENNSYLVANIA ACT NO. 6 OF 1974 RE: 904 HAWTHORNE AVE MECHANICSBURG PA 17055 Loan Number 0054686876 Dear Mortgagor: MidFirst Bank is the holder of a Mortgage and a Note on the above premises, or is the mortgage-servicing agent for such holder. As of the date of this notice, THE MORTGAGE IS IN DEFAULT STATUS because of non-payment of the following: payments, late charges, and advances from 11/01/11 through 03/01/12 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $9,251.00. All payments referred to in this notice must be in the form of Cashier's or Certified Check made payable to Midland Mortgage and must be received at the expedited payment processing address on your coupon book not later than the dates and times specified herein. In the event that payment (as specified in the proceeding paragraph) is not made WITHIN THIRTY (30) DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING, (A) If you wish to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL AMOUNT DUE stated above, plus an additional monthly installment if payment is made after the 1st day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CHARGE is due with each mortgage payment that is paid more than fifteen (15) days after the due date. Your current monthly installment is $1,786.24. (B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDING has been started, the amount you will have to pay will also include the regular monthly installments and late charges then due, plus, if incurred, any ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage at 1-800-552-3000, extension 1799. "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 MldFlrst Bank acquired the servicing of your loan 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. , D[W. ? R tW C 241 a I r 2w2 AMI Midland Mortgage A Division of Mid)~irst.13a7-i P.0. Box 26048 • Oklahoma City, OK 73126 • 500.552,3000 AFTER FORECLOSURE PROCEEDING HAS BEEN STARTED, you have the right to STOP the foreclosure action at any time up to ONE (1) HOUR BEFORE the commencement of the SHERIFF'S ?w SALE by paying the entire amount due at the time (which shall include all delinquent installments and unpaid late charges, together with REASONABLE LEGAL FEES ACTUALLY INCURRED, costs and other sums related to the foreclosure action, and which amount can be obtained by contacting Midland W? Mortgage at 1-800-552-3000). Should you FAIL to reinstate the loan as outlined above, the mortgage premises will be SOLD AT `.2 SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks following SERVICE of the Complaint in Mortgage Foreclosure, at which time your OWNERSHIP interest in the mortgaged premises will be TERMINATED, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSION of the real estate. You have the right to REFINANCE THE LOAN with another lending institution or TRANSFER THE PROPERTY to another person, under and subject to the existing mortgage. That person will have the SAME RIGHT TO CURE THE DEFAULT as you have, subject to the same limitations and requirements. You may CURE DEFAULTS up to three (3) times in any calendar year. Upon cure of a default you will be in the same position as if there had been NO DEFAULT. A default may be cured by ANYONE on your behalf. It is important that you call our office as soon as possible to discuss the options available to you. Our Loan Counselors may be reached toll-free at 1-800-552-3000, Monday through Friday, 8:00 a.m. to 9:00 p.m. (Central Time). Sincerely, Delinquency Assistance Center Midland Mortgage Loan Number 0054686876 `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 MidFirst Bank acquired the servicing of your loan 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. tClfnrtc<, a 169 t t69 0 t I 1 a t A#1 Midland Mortgage A Division of M dFhst 13t7nk 1'.0. Box 26048 • Oklakoma City, OK 73126 • W)0.5523000 03/14/12 MDERR44) R 265 E 265 e l P i of 2 ?r CYNTHIA EISENHART kid 904 HAWTHORNE AVE MECHANICSBURG PA 17055.5731 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE UNDER SECTION 403 OF PENNSYLVANIA ACT NO. 6 OF 1974 RE: 904 HAWTHORNE AVE MECHANICSBURG PA 17055 Loan Number 0054686876 Dear Mortgagor: MidFirst Bank is the holder of a Mortgage and a Note on the above premises, or is the mortgage-servicing agent for such holder. As of the date of this notice, THE MORTGAGE IS IN DEFAULT STATUS because of non-payment of the following: payments, late charges, and advances from 11/01/11 through 03/01/12 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $9,251.00. All payments referred to in this notice must be in the form of Cashier's or Certified Check made payable to Midland Mortgage and must be received at the expedited payment processing address on your coupon book not later than the dates and times specified herein. In the event that payment (as specified In the proceeding paragraph) is not made WITHIN THIRTY (30) DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING. (A) If you wish to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL AMOUNT DUE stated above, plus an additional monthly installment if payment is made after the 1st day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CHARGE is due with each mortgage payment that is paid more than fifteen (15) days after the due date. Your current monthly installment is $1,786.24. (B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDING has been started, the amount you will have to pay will also include the regular monthly installments and late charges then due, plus, if incurred, any ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage at 1-800-552-3000, extension 1799. '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 MidFirst Bank acquired the servicing of your loan and you have not flied 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. MDERR'S R 765 E 765 D I F 2 a12 Midland Mortgage A Division of Mid First Bank 17.0. 13ox 26648 • Oklahoma City, OK 73.126 • 8110.5523000 AFTER FORECLOSURE PROCEEDING HAS BEEN STARTED, you have the right to STOP the ?¦ foreclosure action at any time up to ONE (1) HOUR BEFORE the commencement of the SHERIFF'S SALE by paying the entire amount due at the time (which shall include all delinquent installments and unpaid late charges, together with REASONABLE LEGAL FEES ACTUALLY INCURRED, costs and other sums related to the foreclosure action, and which amount can be obtained by contacting Midland Mortgage at 1-800-552-3000). Should you FAIL to reinstate the loan as outlined above, the mortgage premises will be SOLD AT GD52 SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks following SERVICE of the Complaint in Mortgage Foreclosure, at which time your OWNERSHIP interest in the mortgaged premises will be TERMINATED, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSION of the real estate. You have the right to REFINANCE THE LOAN with another lending institution or TRANSFER THE PROPERTY to another person, under and subject to the existing mortgage. That person will have the SAME RIGHT TO CURE THE DEFAULT as you have, subject to the same limitations and requirements. You may CURE DEFAULTS up to three (3) times in any calendar year. Upon cure of a default you will be in the same position as if there had been NO DEFAULT. A default may be cured by ANYONE on your behalf. It is important that you call our office as soon as possible to discuss the options available to you. Our Loan Counselors may be reached toll-free at 1-800-552-3000, Monday through Friday, 8:00 a.m. to 9:00 p.m. (Central Time). Sincerely„ Delinquency Assistance Center Midland Mortgage Loan Number 0054686876 "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 MidFirst Bank acquired the servicing of your loan 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. Department of Defense Manpower Data Center Results as of: Apr-252012 12:31:41 i .ti state Repoli. Rtl`51t-aw to the S _I'-'1Ce2Y1°2i1?!-r:: Civil Relief Act Last Name: EISENHART First Name: TIMOTHY Date Of Interest: Apr-25-2012 Active Duly End Date Status Service Component On Active Duty On Date of Interest NA No LL This response reflects the Indiv"s active duty status based on the Date of Irltere3L 'T Left Active Duty Whin 367 Days of Dale Of Interest NA No This response reflects whether the individual left active duty status within 367 days preceding the Date of Interest. The Member or. KsMer Urvt Was Notified of a.Future Cad-Up to Active Duty on Date of Interest NA No Tlds response reffevs whether the Individual or Nsfher unit has received earty notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the date of interest as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty, IA_ AaAk, Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 : Department of Defense Manpower Data Center Results as of Apr•252012 12:12:11 ,.tatu-. P .art - Fw•suant to the Kein.ei rib e?r_ Cl v it F :1lief Act Last Name: EISENHART First Narne: CYNTHIA Date Of Interest: Apr-25-2012 Active Duty End Dale status Service Component On Active Duly On Date of Interest No NA This response, reflects the individual's active duty slaws based on the Date of IntaresL Left Active Duly Within 167 Days of Date Of Interest No NA This response reflects whether the Individual left active duty status v1tMn 367 days preceding lire Dale of Interest, The Mert6er or HisAier Unit Was Notified of a Future Call-Up, to Active Duty on Dale of Interest - No NA ^^ This response reflects whether the Individual or MsAver unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the date of interest as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04 E25 Arlington, VA 22350 .Servicemembers Civil Relief Act "IN Users Guide requires Acrobat Reader Download Now Page 1 of 1 he only Official Department of Defense ervicemembers Civil Relief Act (SCRA) website. (Information provided FREE of charge. (50 USC Appx. H 501 et seq, as ame SCRA Single Record Request Enter the individual's information below: * Information is required *SSN 411111111111111111111111111117028 *Repeat SSN OW7028 *Last Name eisenhart *Last Name eisenhart timothy First Name timothy First Name First Names do not match Middle Name C Middle Name c Birth Date Birth Date (M M/DD/YYYY) (M M/D D/YYYY) Active Duty Status Date (MM/DD/YYYY) Default Active Duty Status Date wi ll be 05/17/2012 Look Up Erase Responses to your inquiries are based on the information entered and can take up to 15 seconds after clicking "Look Up" https://www.dmdc.osd.mil/appj/scralscralndex.xhtml-,j sessionid=Sp l 4P 1 JQBJy 8bRpCOm 1... 5/17/2012 Department of Defense Manpower Data Center Status ke-poirt Pursuant to Servicemc:mbers Civil Relief Act Last Name: eisenhart First Name: timothy Active Duty Status Date May-17-2012 Results as of: May-17-2012 07:24:15 SCRA 2.1 Active Duty End Date Status Service Component On Active Duty On Active Duty Status Date NA No NA This resoonse reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. y6k? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Servicemembers Civil Relief Act The only Official Department of Defense Servicemembers Civil Relief Act (SCRA) website. Information provided FREE of charge. [50 USC Appx. §§ 501 et seq, as amended] Page 1 of 1 ivacy Notice SCRA Single Record Request Enter the individual's information below: * Information is required *SSN '5547 *Repeat SSN X5547 *Last Name: eisenhart *Last Name eisenhart cynthia First Name cynthia First Name First Names do not match Users Guide Middle Name M Middle Name m requires Birth Date Birth Date Acrobat Reader (MM/DD/YYYY) (MM/DD/YYYY) Download Now Active Duty Status Date (MM/DD/YYYY) Default Active Duty Status Date wi ll be 05/1712012 Look Up Erase . Responses to your inquiries are based on the information entered and can take up to 15 seconds after clicking "Look Up". https://www.dmdc.osd.mil/appj/scralscralndex.xhtml,j sessionid=Sp 14P 1 JQBJy8bRpCOm 1... 5/17/2012 Department of Defense Manpower Data Center r• 1 Status Report t Pursuant to Servicemembers Civil Relief kct Last Name: eisenhart First Name: Cynthia Active Duty Status Date May-17-2012 Results as of : May-17-2012 07:25:46 SCRA 2.1 Active Duty End Date Status Service Component On Active Duty On Active Duty Status Date NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member x His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upor searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 14 Y6* 'rn ? __ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct upon my personal knowledge and upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated 511611 Joseph ,lose h Haddad Senior Foreclosure Title Litigation Specialist MIDFIRST BANK Plaintiff(s) VS. CYNTHIA EISENHART A/K/A CYNTHIA M. EISENHART AND TIMOTHY EISENHART A/K/A TIMOTHY C. EISENHART Defendant(s) IN THE COURT OF COMMON PLEAS OF _ CUMBERLAND COUNTY, PENNSYLVANIA 1 a` r6l b Civil - NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 5/17/12 q?k -M wj"q't? Date Leon P Haller / Jill M. Wineka AttorrYey for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 1570a / 58802 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Comrr on Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: City: Is the property for sale? Yes[] No F] Realtor Name: Borrower Occupied: Yes ? No ? Mailing Address (if different) City: Phone Numbers: Home: Cell: Email: # of people in household: Mailing Address: State: Zip: Office: Other: How long? City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Listing date: State: Zip: Price: $ Realtor Phone: Is the loan in Bankruptcy? Yes E] No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: $ Other: $ Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Other transportation (automobiles, boats. motorcvcles) Year: Amount owed: Value: Value: Value: Model: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Monthly Gross Monthly Net Monthly Gross Monthly Net Monthly Gross Monthly Net Monthly Amount: _ Monthly Amount: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Year: Yea r: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed IN THE COURT OF COMMON PLEAS OF MIDFIRST BANK CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. CYTHIA EISENHART A/K/A CYNTHIA M. EISENHART AND TIMOTHY EISENHART A/K/A TIMOTHY C. EISENHAFLIEfendant(s) REQUEST FOR CONCILIATION CONFERENCE Civil Pursuant to the Administrative Order dated February 28 , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel,/Appointed Date Legal Representative Signature of Defendant Signature of Defendant Date Date SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Midfirst Bank vs. Timothy Eisenhart (et al.) ?????t@1' ul ?turtGtr?r?4 3?tizi?U 1 .t? - Ei), COL; l Case Number 2012-3140 SHERIFF'S RETURN OF SERVICE 05/21/2012 05:25 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2012 at 1725 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Occupant of 904 (Hawthorn Avenue, Mechanicsburg, Pennsylvania 17055, by making known unto Leah Eisenhart, current' resident at 904 Hawthorn Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, 05/21/2012 05:25 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2012 at 1725 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Timothy Eisenhart, by making known unto Leah Eisenhart, Daughter of Defendant at 904 Hawthorn Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. "2? 1 RYAN BURGE UTY 05/21/2012 05:25 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2012 at 1725 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Cynthia Eisenhart, by making known unto Leah Eisenhart, Daughter of Defendant at 904 Hawthorn Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $70.00 May 22, 2012 RYAN BURGET UTY SO ANSWERS, RON R ANDERSON, SHERIFF c; Gourtysuite S..=.! If, 7e:e,^so'r ir.c