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HomeMy WebLinkAbout12-3439.r t tt 1 J w ?- 1' iiJ *- H A r=ii r1 PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM -'?>L439 No. 1 a MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. CUMBERLAND COUNTY MEDINA DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1034 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 289014 ?3.-7 S?d r - 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 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 289014 Plaintiff is FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 2. The name(s) and last known address(es) of the Defendant(s) are: MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1034 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 01/11/2008 MARIO A. DELGADO and MARIA S MEDINA DE DELGADO made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR NATIONWIDE EQUITIES CORPORATION, A NEW YORK CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200804709. By Assignment of Mortgage recorded 03/26/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201208580.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2011 and each month thereafter are due and unpaid, and by the terms File #: 289014 A 6. of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 03/01/2012: Principal Balance $142,721.36 Interest $5,307.47 08/01/2011 to 03/01/2012 Late Charges $246.35 Property Inspections $24.00 Non Sufficient Funds Charge $15.00 Mortgage Insurance Premium / $57.75 Private Mortgage Insurance TOTAL $148,371.93 7 8 Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 289014 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $148,371.93, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property . AN & SCHMIEG, LLP Qt9I "-Cusick, Esquire Attorney for Plaintiff File #: 289014 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mt. Holly Springs, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a pin set on the Easternmost dedicated right-of-way line of Independence Drive, a fifty (50) foot wide street, said pin marking the common point of adjoiner of Lots #35 and #36 on the hereinafter mentioned plan with said dedicated right-of-way line; thence departing from the Easternmost dedicated right-of-way line of Independence Drive, and extending along Lot #36, North seventy (70) degrees twenty-seven (27) minutes thirty-one (31) seconds East, for a distance of one hundred and no hundredths (100.00) feet to a steel pin at Lot #63 on the hereinafter mentioned plan of subdivision; thence extending along Lot #63, South nineteen (19) degrees thirty-two (32) minutes twenty-nine (29) seconds East, for a distance of seventy and no hundredths (70.00) feet to a steel pin at Lot #34 on the hereinafter mentioned plan; thence extending along Lot #34, South seventy (70) degrees twenty-seven (27) minutes thirty-one (31) seconds West, for a distance of one hundred and no hundredths (100.00) feet to a steel pin set on the Easternmost dedicated right-of-way line of Independence Drive; thence extending in and through the Easternmost dedicated right-of-way line of Independence Drive, North nineteen (19) degrees thirty-two (32) minutes twenty-nine (29) seconds West, for a distance of seventy and no hundredths (70.00) feet to a steel pin on said dedicated right-of-way line at Lot #36, said pin marking the place of BEGINNING. CONTAINING 7,000 square feet, or 0.1607 acres, and being designated as Lot #35 on a final plan of subdivision of Liberty Woods, Phase I, prepared for Liberty Associates by Walter N. File #: 289014 Heine Associates, Inc., dated December 8, 1989, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 64, at Page 90, and being known and municipally numbered as 13 Independence Drive, Mt. Holly Springs, PA 17065. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the plan of subdivision hereinbefore mentioned, all easements, reservations, and restrictions of prior record, as well as to the following conditions and restrictions to which the hereby granted parcel of land shall be, and will remain, subject: 1. All residential structures shall have a minimum of 1100 square feet of finished living floor area. 2. No mobile homes shall be placed on any lot in this subdivision. 3. No dumping or stockpiling of materials or other items shall be permitted nor the accumulation of any junk or unlicensed vehicles on any lot within said subdivision. 4. Tree removal shall be kept to a minimum to permit the construction of a primary residence and garage. 5. Lot owners shall be responsible for the installation and maintenance of a sidewalk along the street frontage of their lot. Sidewalk construction must be completed within one year of lot purchase. The sidewalk must be constructed as per the specifications of the approved plan of subdivision. 6. The driveway to the house must be paved with a bituminous or concrete finish within one year of the completion of any residential structure. 7. A residential structure must be completed and habitable within two years of the purchase price of the lot. Failure to accomplish this shall give the developer an exclusive option to repurchase File #: 289014 the lot for the same price as the original purchase. An owner of two or more contiguous lots need not construct more than one residence on those lots. The Grantees, for themselves, their successors and assigns, by acceptance of this indenture, agrees with the Grantors, their successors and assigns, that the said restrictions and conditions shall be deemed COVENANTS RUNNING WITH THE LAND, and that in any deed of conveyance to any person said restrictions and conditions shall be incorporated by reference to this indenture and to the record thereof as fully as though they were contained therein. PROPERTY ADDRESS: 13 INDEPENDENCE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1034 PARCEL # 23-35-2316-087 File #: 289014 VERIFICATION + FORECI,,OSURE AKpLYST BAAI?A ? , hereby states that he/she is _ of Flagstar Bank, F.S.B., Plaintiff in this matter, that he/she has reviewed the business records relating to the mortgage at issue herein, and that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. i Name: DATE: ??"? ?1, Z Title: FORECLOSURE ANALYST File#:289014 (FHA) File #: 289014 FORM 1 FLAGSTAR BANK, FSB Plaintiff(s) IN THE COURT OF COMMOiPLI OF CUMBERLAND COUNTY, P YtVAI ...:. T -J 7 Civil vs. MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO Defendant(s) 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 that 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 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 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 arguments 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. w Date Respec ed: Robert. Cusick, Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common 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 counseling agency. Please provide the following information to the best of your knowledge: Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Home: Office: Cell: Other: State: Zip: How long? Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: State: Zip: Yes El No El Listing date: Price: $ Realtor Phone: Yes ? No ? Home: Cell: Office: Other: State: _Zip: How long? Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ _ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: _ Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: Year: Year: I . Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I . monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment(s) Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: 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? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and 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 counseling services provided by the above named Borrower Signature Date Co-Borrower' Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy "j, 01 'L 111!7 JUL 23 AM 8: f?8 Richard W Stewart Solicitor CUMBERLAND COUN i-Y PENNSYLVANI Flagstar Bank, FSB vs. Case Numbe Mario A. Delgado (et al.) 2012-3439 SHERIFF'S RETURN OF SERVICE 05/31/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent seat h and inquiry for the within named defendant, to wit: Mario A. Delgado, but was unable to locate him in is bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 05/31/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent seat h and inquiry for the within named defendant, to wit: Maria S. Medina De Delgado, but was unable to to ate her in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the wi hin Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 06/05/2012 07:06 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on Jun 5, 2012 at 1906 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: Mario A. Delgado, by making known unto Maria S. Medina De Delgado, Wife of Defendant at 13 Independence Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same tim handing to her personally the said true and correct copy of the same. l MICHAEL BARRICK, DEPUTY 06/05/2012 07:06 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on Jun 5, 2012 at 1906 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: Maria . Medina De Delgado, by making known unto herself personally, at 13 Independence Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the samne handing to her personally the said true and correct copy of the same. 1 / T Pt9AEL BARRICK, DEPUTY 06/08/2012 Adams County Return: And now, June 8, 2012 I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Maria S. Medina Delgado the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Adams and therefore return same NOT FOUND. Request for service at 286 Cloverdale Farm Road, York Springs, Pennsylvania 17372 the Defendant was not found. Current residents have resided at this address for over five years and do not know the Defendant. 06/08/2012 Adams County Return: And now, June 8, 2012 I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Mario A. Delgadc the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him the County of Adams and therefore return same NOT FOUND. Request for service at 286 Cloverdale Farm Road, York Springs, Pennsylvania 17372 the Defendant was not found. Current residents have resided at this address for over five years and do not know the Defendant. ,;:, SHERIFF COST: $92.00 SO ANSWERS, July 17, 2012 R ANDERSON, SHERIFF DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 PROCESSED SHERIFF SERVICE INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE O " PROCESS BY THE SHERIFF on the reverse of the last (No. 5) copy of t is form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly' insuring readability of all copies. Do not detach any copies. ACSD ENV.# 1. PLAINTIFF/S/ 2. COURT NUMBER FLAGSTAR BA>!lK BB 2012-3439 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT MARIO A. DELGADO & MARIA S. MINA De DEW" COMPLAINT IN NORM LGE FORBCLIX SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED R SOLD. Mario A. Delgado 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 286 Cloverdale Farm Rd., York Springs, PA 17372 AKA: 286 Cloverdale Rd. 7. INDICATE UNUSUAL SERVICE: Xl PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED ? OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputat on being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY _ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under withi writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such dep ty or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER it. DATE ? PLAINTIFF ? DEFENDANT SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12. 1 acknowledge receipt of the writ or complaint as indicated above SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expi ation 0tjQxjQ][3t g{ . 6/4/12 7/ /12 15. 1 hereby CERTIFY and RETURN that 1 ? have personally served, ? have served person in charge, ? have legal evidence of service as shown in "Remar ks" (on reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. X I hereby certity and return a NOT FOUND because 1 am. unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served ta. A person of suitable age and discr ion Read order then reaiding in the defendant's usual place of abode. ? ? 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) 20. Date of Service 2' . Time MKARKS: Residents at this address said they have lived ther for the past 5-6 years 22. ATTEMPTS Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt. 23. Advance Costs 150 00 fm at 24. 25. 26. 27. Total Costs 28. XeI Fill =W= FUND . . $37.72 pd. 7/11/12 1 $112.28 c k#29382 AFFIRMED and subscribed to before me this SO ANSWER. / day of By (Sheriff / Dep. Sheriff) (Please Print or Type) Deputy An el Garcia Date /8/12 SignNere of Sheriff Date James W. Muller 6/8/12 Prothtin taryospulyMofary Public MY COMMISSION EXPIRES SHERIFF OF ADAMS COUNTY I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39 Date Receive ; OF AUTHORIZED ISSUING AUTHORITY AND TITLE. . PROTHONOTARY SHERIFF'S RETURN Q€ ICE ( ) (1 ) The within the within named uaon defendant by mailing to by mail, return receipt requested, postage prepaid, _ on the a true and attested copy thereof at The return receipt signed by ._ ___._ __ defendant on the made a part of this return. ( 2 ) Outside the Commonwealth, pursuant to Pa. and attested copy thereof at in the following manner: ( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the ,.... _ said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the 1 further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ( ) (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( ) (4) By mailing to by -mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The returned by the Postal Authorities marked is hereto attached. ( ) ( 5 ) Other is hereto attached and R.C.P. 405 (c) (1) (2), by mailing a true DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 PROCESSED SHERIFF SERVICE INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE O " PROCESS BY PROCESS RECEIPT, and AFFIDAVIT OF RETURN THE SHERIFF on the reverse of the last (No. 5) copy of t type or print legibly, insuring readability of all copies. is form. Please Do not detach any copies. ACSD ENV.N 1. PLAINTIFFS/ 2. COURT NUMBER • ,UA JK$ FS13 2012tl1 .,:. 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: AARE) A. i & [MARIA S. MEDINA I)e DELGADO 00IMPL.AIK IN MORM E FORECLa SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED R SOLD. M? . L: tfel a,:i.) 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT . A ^'s _lJ . 7. INDICATE UNUSUAL SERVICE: PERSONAL ? PERSON IN CHARGE ? D P E UTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED ? OTHER Now, , 1, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of ^i County to execute this Writ and make return therof according to law. This deputat n being made at the request and risk of the plaintiff. SHERIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. F ADAMS COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such dep any plaintiff herein for any loss destruction or remov l f h ' y or the sheriff to , a o any suc property before sheriff s sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11 DATE ? PLAINTIFF ? DEFENDANT SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LI E 12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expi or complaint as indicated above. tion /X?lPd(IDIUC4@a8?i d p f ---- ) ! J $ d t 12 2 15. 1 hereby CERTIFY and RETURN that 1 ? have personally served, ? have served person in charge, ? have legal evidence of service as shown in "Remar " (on reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above r on the individual, company, corporation, etc., at the address inserted below by handinglor Posting a TRUE and ATTESTED COPY therof. 16. A i hereby certify and return a NOT FOUND because I am. unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 19. person of suitable age and discre then n residing in the defendant's usual on Read Order place of abode. ? 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) 20. Date of Service 21 Time IAi ? 11k '.-ass: _ .::t:L:J iavp live-) foir i as 35 22. ATTEMPTS Onto Mll D l es nt. ep. Date Mlles Dep.lnt. Date Mtles Dep.lnt. Date Miles Dep.lnt. Date Mites Dep.lnt. 23. Advance Costs 2 4 25 r . . 26. 27 Total Costs a? CJ1E ND / 4 pliz SO 7 n AFFIRMED and subscribed to before me this 7 - f 3 G p day of ey ( ' / Dep. Sheriff) (Please ?Pn'g* Type) .a J'_ u A$ ge i" ' 7e 1'ii Date f .1 Signature of Sheriff ProlfgnaarYlDapub/NphrY Public -- ?i L2 MV COMMISSION EXPIRES SHERIFF OF ADAMS COUNTY I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 39. Date Received T The m wm tft*W mid by defend W_ aq is hereto at shod, and tie;a port 0 his ran. { ) { `} #1 ?o r TWW' ll- pro fa P"e: R.I P. 405 () (#) ), by MWOJAO a true and MNOW 06py WWOW at In the manner: - { ) (a) to the defendant by { ) regist+etted; ( ) certified mail, return receipt mquesrted, postage prepaid, addressee only on the ___?-----._-- said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that ant Muffed to ecoW the same. The returned receipt and envelope is attached hereto and made apart of-thisrim. And theater; ( } (b) To the defendant by ordinary mail a0dmssad to defendant at same address, with the return address of the Sheriff appearing thereon, on the I furttaer " " I f y r aftdt (1 da?rs " t i m the mail dwe, I l i aws not received said back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. { ) (3) By pub rin in the Adams County Legal Journal, a weekly publication of general circulation in the County of AOsms, Com to of Romwyiv?ania, and the Ge*sbwrg Tithes, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circub0on in said County for suc AV-Mire of __ Tt?t? ?liffic?raits from said Adams County Legal Journal and eburg Times, are hereto attached and mad el part of this rsturn. { ) { a) By nWAIng to by mail, return receipt rested, poste prepaid, on the a tE'ue? l ae ;t ow,°al - - r+ehanied by-the PosW Is her,. DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN hype or print legibly, insuring readability of all copies. Do not detach any copies. ACSD ENV.# 1. PLAINTIFF/S/ 2. COURT NUMBER FLAGSTAR BANK, FSB 2012-3439 3. DEFENDANT/S/ MARIO DEW" & MARIA S. MINA DE DEW" 4. TYPE OF WRIT OR COMPLAINT: COMPLAM IN MORI A E FOR CU)SURE SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. 10 Maria S. Medina Delgado 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) AT 286 Cloverdale Farm Rd., York Springs, PA 17372 AKA: Cloverdale Rd. 7. INDICATE UNUSUAL SERVICE: X PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED ? OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE ? PLAINTIFF ? DEFENDANT Qr-#%%O` UGLV1T rVn W%7G vr, 0117IGnlrr VI\L 1 - Low M%j 1 nr711 C It7GLVry 1 n17 LAM= 12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration / Hearing date or complaint as indicated above. 6/4/12 15. 1 hereby CERTIFY and RETURN that I ? have personally served, C have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16.,& 1 hereby certify and return a NOT FOUND because I am. unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 18. A person of suitable age and discretion Read order =9" ing in the defendant's usual ? of abode. ? 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) ;IINARK.S: Residents stated they have lived at this address for 5-6 years 22. ATTEMPTS Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Del lnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt. 23. Advance Costs 24. 25. 26. 27. Total Costs 2B. COST DUE OR REFUND AFFIRMED and subscribed to before me this day --z -.46-C / By (Sheriff / Dep. WW A (Please Print or Type) I Date Sknoluiro of Sheriff James W. Muller SHERIFF OF ADAMS COUNTY Date 6/8/12 MY COMMISSION EXPIRES 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. PROTHONOTARY PHELAN HALLINAN & SCHMIEG, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FLAGSTAR BANK, FSB vs. MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO Attorney for Plaintiff CUMBERLAND COUNTY • c~ COURT OF COMMON PLEA~~ ...~ ° . t*t~ a ~ CIVIL DIVISION ~y cn -~ ~- ~ _. No. 12-3439 CIVIL ~~' p y„ 3 aC a ~ c? -i cn PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MARIO A. DELGADO and MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO, Defendants for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $148,371.93 $148,371.93 c ~~ x rn ~-, c~., ~° ~'3'~a-; :~;t ~~~~ ~~ :,~~ a~ I hereby certify that (1) the Defendants' last known address is 13 INDEPENDENCE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1034, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. .~U-1Z Date DAMAGES ARE HEREBY ASSESSED AS INDICATE: DATE: 3/ /~ PHS # 289014 a8od83 289014 ~~~ c~ ,y,~ilr~1 PROTHONOTARY PHELAN HALLINAN & SCHMIEG, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FLAGSTAR BANK, FSB vs. MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO Attorney for Plaintiff ~ CUMBERLAND COUNTY a COURT OF COMMON PLEA~z w cd a CIVIL DIVISION ?~ ~ ~ `~'- nC © ~;`- ....~~r, No. 12-3439 CIVIL `~ -C ~'~ r- '' ;x} _~ AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants MARIO A. DELGADO and MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARIO A. DELGADO is over 18 years of age and resides at 13 INDEPENDENCE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1034. (c) that defendant MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO is over 18 years of age and resides at 13 INDEPENDENCE DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1034. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ Date /// 289014 __ (Rule of Civil Procedure No. 236) -Revised FLAGSTAR BANK, FSB vs. MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 12-3439 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on ,;' By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Zachary Jones, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TD COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 289014 FLAGSTAR BANK, FSB COURT OF COMMON PLEAS Plaintiff CIVIL, DNISION v, NO. 12-3439 CIVIL MARIO A. DELGADO MARIA S MEDINA DE DELGADO CUMBERLAND COUNTY A/K/A MARIA S. MEDINA DELGADO Defendants TO: MARIO A. DELGADO 13 INDEPENDENCE DRIV E MOUNT HOLLY SP INGS, PA 17065-1034 DATE OF NOTICE:. + ~~ THIS FIltM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WII.L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 REDLJCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: attar w Bru. wcttxl, Esquire Attc}rnc ' r t'laintft Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 289014 FLAGSTAR BANK, FSB COURT OF COMMON PLEAS Plaintiff CNIL DNISION v. MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO Defendants NO. I2-3439 CIVIL CUMBERLAND COUNTY TO: MARIA S MEDINA DE DELGADO, A/K/A MARIA S. MEDINA DELGADO 13 INDEPENDENCE DRNE MOUNT HOLLY SPRINGS, PA 17065-1034 DATE OF NOTICE: 11 THIS FIRM I5 A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. TF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICF, CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIl2E 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 By: -,. ttth w ru, wrxOcl, Esquire Attorney ~ laint'tff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 289014 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FLAGSTAR BANK,FSB COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-3439 CIVIL MARIO A.DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S.MEDINA DELGADO Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $148,371.93 Interest from 09/01/2012 to Date of Sale $8,999.91 M ($24.39 per diem) c,nr' rya TOTAL $157,371.84 C � `� c -`4 n� -<r 00 - Phelan Hallinan,L P Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PHS#289014 A 011 a So a o F JOL 017 ,�s �a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FLAGSTAR BANK,FSB Plaintiff V. MARIO A.DELGADO MARIA S 1lDINA DE DELGADO A/K/A MARIA S.MEDINA DELGADO Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: e Address where papers may be served: MA RIO A DELGADO Fhdan f1milloan,LLP 13 � DRIVE Adam H.Davis,Esq.,id.No.203034 MOUNT HOLLY SPRINGS,PA 17065-1034 Attorney for Plaintiff MARIA S : i INA D DELGADO Al 'A. x..�: "S: ,A.DELGADO MOIL'MOLLY 004GS,PA 17065-1034 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mt. Holly Springs,County of Cumberland,and Commonwealth of Pennsylvania,being more particularly bounded and described as follows,to wit: BEGINNING at a pin set on the Easternmost dedicated right-of-way line of Independence Drive,a fifty(50) foot wide street, said pin marking the common point of adjoiner of Lots#35 and#36 on the hereinafter mentioned plan with said dedicated right-of-way line;thence departing from the Easternmost dedicated right- of-way line of Independence Drive,and extending along Lot#36,North seventy(70)degrees twenty-seven (27)minutes thirty-one(3 1)seconds East,for a distance of one hundred and no hundredths(100.00)feet to a steel pin at Lot#63 on the hereinafter mentioned plan of subdivision; thence extending along Lot#63, South nineteen(19)degrees thirty-two(32)minutes twenty-nine(29)seconds East,for a distance of seventy and no hundredths(70.00)feet to a steel pin at Lot#34 on the hereinafter mentioned plan;thence extending along Lot#34,South seventy(70)degrees twenty-seven(27)minutes thirty-one(3 1)seconds West,for a distance of one hundred and no hundredths(100.00)feet to a steel pin set on the Easternmost dedicated right-of-way line of Independence Drive;thence extending in and through the Easternmost dedicated right-of-way line of Independence Drive,North nineteen(19)degrees thirty-two(32)minutes twenty-nine(29)seconds West,for a distance of seventy and no hundredths(70.00)feet to a steel pin on said dedicated right-of-way line at Lot #36, said pin marking the place of BEGINNING. CONTAINING 7,000 square feet,or 0.1607 acres,and being designated as Lot#35 on a final plan of subdivision of Liberty Woods,Phase I,prepared for Liberty Associates by Walter N.Heine Associates,Inc., dated December 8, 1989,recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in Plan Book 64,at Page 90,and being known and municipally numbered as 13 Independence Drive,Mt.Holly Springs,PA 17065. UNDER AND SUBJECT,NEVERTHELESS,to all notes and restrictions on the plan of subdivision hereinbefore mentioned,all easements,reservations,and restrictions of prior record,as well as to the following conditions and restrictions to which the hereby granted parcel of land shall be,and will remain, subj ect: 1.All residential structures shall have a minimum of 1100 square feet of finished living floor area. 2.No mobile homes shall be placed on any lot in this subdivision. 3.No dumping or stockpiling of materials or other items shall be permitted nor the accumulation of any junk or unlicensed vehicles on any lot within said subdivision. 4.Tree removal shall be kept to a minimum to permit the construction of a primary residence and garage. 5. Lot owners shall be responsible for the installation and maintenance of a sidewalk along the street frontage of their lot. Sidewalk construction must be completed within one year of lot purchase.The sidewalk must be constructed as per the specifications of the approved plan of subdivision. 6.The driveway to the house must be paved with a bituminous or concrete finish within one year of the completion of any residential structure. 7.A residential structure must be completed and habitable within two years of the purchase price of the lot. Failure to accomplish this shall give the developer an exclusive option to repurchase the lot for the same price as the original purchase.An owner of two or more contiguous lots need not construct more than one residence on those lots. The Grantees,for themselves,their successors and assigns,by acceptance of this indenture,agrees with the Grantors,their successors and assigns,that the said restrictions and conditions shall be deemed COVENANTS RUNNING WITH THE LAND,and that in any deed of conveyance to any person said restrictions and conditions shall be incorporated by reference to this indenture and to the record thereof as fully as though they were contained therein. TITLE TO SAID PREMISES IS VESTED IN Mario A. Delgado and Maria S. Medina de Delgado,by Deed from Harry H. Fox,Jr. and Ann G. Fox,h/w, dated 07/19/2005, recorded 07/29/2005 in Book 270, Page 721. PREMISES BEING: 13 INDEPENDENCE DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1034 PARCEL NO.23-35-2316-087 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 2013 MAR 21 AV 10' 29 215-563-7000 FLAGSTAR BANK, FSB P�1~1NSYLVANIA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-3439 CIVIL MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff FLAGSTAR BANK, FSB COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION (7013 MAR 27 AM 10: 29 NO.: 12-3439 CIVIL MARIO A. DELGADO MARIA S MEDINA DE DEL AWE. MEDINA DELGADO P'EN N S Y LVA NPA CUMBERLAND COUNTY Defendant(s) PHS # 289014 AFFIDAVIT PURSUANT TO RULE 3129.1 FLAGSTAR BANK,FSB,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 13 INDEPENDENCE DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1034. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MARIO A.DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065-1034 MARIA S MEDINA DE DELGADO 13 INDEPENDENCE DRIVE A/K/A MARIA S.MEDINA DELGADO MOUNT HOLLY SPRINGS,PA 17065-1034 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) MARIO A.DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065-1034 MARIA S MEDINA DE DELGADO 13 INDEPENDENCE DRIVE A/K/A MARIA S.MEDINA DELGADO MOUNT HOLLY SPRINGS,PA 17065-1034 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the ` Sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065-1034 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 12 . By_ Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff FLAGSTAR BANK, FSB COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 12-3439 CIVIL MARIO A.DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA CUMBERLAND COUNTY DELGADO Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ry 1 TO: MARIO A.DELGADO MARIA S MEDINA DE DELGADO .0 AIK/A MARIA S.MEDINA DELGADO p ca 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065-1034 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate)at 13 INDEPENDENCE DRIVE,MOUNT HOLLY SPRINGS,PA 17065- 1034 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$148,371.93 obtained by FLAGSTAR BANK,FSB(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale,you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments,late charges,costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2,15-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. "I. If tale Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mt.Holly Springs,County of Cumberland,and Commonwealth of Pennsylvania,being more particularly bounded and described as follows,to wit: BEGINNING at a pin set on the Easternmost dedicated right-of-way line of Independence Drive,a fifty(50) foot wide street,said pin marking the common point of adjoiner of Lots#35 and#36 on the hereinafter mentioned plan with said dedicated right-of-way line;thence departing from the Easternmost dedicated right- of-way line of Independence Drive,and extending along Lot#36,North seventy(70)degrees twenty-seven (27)minutes thirty-one(3 1)seconds East,for a distance of one hundred and no hundredths(100.00)feet to a steer pin at Lot#63 on the hereinafter mentioned plan of subdivision;thence extending along Lot#63,South nineteen(19)degrees thirty-two(32)minutes twenty-nine(29)seconds East,for a distance of seventy and no hundredths(70.00)feet to a steel pin at Lot#34 on the hereinafter mentioned plan;thence extending along Lot#34,South seventy(70)degrees twenty-seven(27)minutes thirty-one(31)seconds West,for a distance of one hundred and no hundredths(100.00)feet to a steel pin set on the Easternmost dedicated right-of-way line of Independence Drive;thence extending in and through the Easternmost dedicated right-of-way line of Independence Drive,North nineteen(19)degrees thirty-two(32)minutes twenty-nine(29)seconds West,for a distance of seventy and no hundredths(70.00)feet to a steel pin on said dedicated right-of-way line at Lot #36,said pin marking the place of BEGINNING. CONTAINING 7,000 square feet,or 0.1607 acres,and being designated as Lot#35 on a final plan of subdivision of Liberty Woods,Phase I,prepared for Liberty Associates by Walter N.Heine Associates,Inc., dated December 8, 1989,recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in Plan Book 64,at Page 90,and being known and municipally numbered as 13 Independence Drive,Mt.Holly Springs,PA 17065. UNDER AND SUBJECT,NEVERTHELESS,to all notes and restrictions on the plan of subdivision hereinbefore mentioned,all easements,reservations,and restrictions of prior record,as well as to the following conditions and restrictions to which the hereby granted parcel of land shall be,and will remain, subject: I.All residential structures shall have a minimum of 1 100 square feet of finished living floor area. 2.No mobile homes shall be placed on any lot in this subdivision. 3.No dumping or stockpiling of materials or other items shall be permitted nor the accumulation of any junk or unlicensed vehicles on any lot within said subdivision. 4.Tree removal shall be kept to a minimum to permit the construction of a primary residence and garage. 5.Lot owners shall be responsible for the installation and maintenance of a sidewalk along the street frontage of their lot.Sidewalk construction must be completed within one year of lot purchase.The sidewalk must be constructed as per the specifications of the approved plan of subdivision. 6.The driveway to the house must be paved with a bituminous or concrete finish within one year of the completion of any residential structure. 7.A residential structure must be completed and habitable within two years of the purchase price of the lot. Failure to accomplish this shall give the developer an exclusive option to repurchase the lot for the same price as the original purchase.An owner of two or more contiguous lots need not construct more than one residence on those lots. The Grantees,for themselves,their successors and assigns,by acceptance of this indenture,agrees with the Grantors,their successors and assigns,that the said restrictions and conditions shall be deemed COVENANTS RUNNING WITH THE LAND,and that in any deed of conveyance to any person said restrictions and conditions shall be incorporated by reference to this indenture and to the record thereof as fully as though they were contained therein. TITLE TO SAID PREMISES IS VESTED IN Mario A. Delgado and Maria S. Medina de Delgado,by Deed from Harry H. Fox,Jr. and Ann G. Fox,h/w, dated 07/19/2005, recorded 07/29/2005 in Book 270, Page 721. PREMISES BEING: 13 INDEPENDENCE DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1034 PARCEL NO.23-35-2316-087 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-3439 CIVIL FLAGSTAR BANK, FSB VS. MARIO A.DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO owner(s) of property situate in the BOROUGH OF MOUNT HOLLY SPRINGS, Cumberland County, Pennsylvania, being (Municipality) 13 INDEPENDENCE_DRIVE,MOUNT HOLLY SPRINGS, PA 17065-1034 Parcel No.23-35-2316-087 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $148,371.93 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-3439 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due FLAGSTAR BANK,FSB Plaintiff(s) From MARIO A.DELGADO,MARIA S MEDINA DE DELGADO A/K/A MARIA S.MEDINA DELGADO (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $148,371.93 L.L.: $.50 Interest FROM 9/1/2012 TO DATE OF SALE($24.39 PER DIEM)-$8,999.91 Atty's Comm: Due Prothy:$2.25 Atty Paid: $240.75 Other Costs: Plaintiff Paid: Date: 3/27/13 _ Q David D.Buell,Prothonotary (Sea]) C Deputy REQUESTINfa PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.203034 b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FLAGSTAR BANK, FSB • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County MARIO A. DELGADO • MARIA S MEDINA DE DELGADO • No.: 12-3439 CIVIL A/K/A MARIA S. MEDINA DELGADO • Defendants RULE AND NOW. this Y° day of /IeM) 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE OURT J. - _ r • -73 • -Pike Pa/1,it a ,1 12k t 289014 1 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 FLAGSTAR BANK, FSB Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County MARIO A. DELGADO MARIA S MEDINA DE DELGADO No.: 12-3439 CIVIL A/K/A MARIA S. MEDINA DELGADO Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 4, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MARIO A. DELGADO MARIO A. DELGADO MARIA S MEDINA DE DELGADO MARIA S MEDINA DE DELGADOc-� _ A/K/A MARIA S. MEDINA DELGADO A/K/A MARIA S. MEDINA DELG O 13 INDEPENDENCE DRIVE 286 CLOVERDALE FARM RD r m MOUNT HOLLY SPRINGS,PA 17065-1034 YORK SPRINGS, PA 17372-9759 @ , 2_1 C-31 c? Phela Mina , LLP y� DATE: By: r ornan . Etkowicz, Esq., Id.No.208786 ey for Plaintiff 289014 a ILED-0i=FiCE Phelan Hallinan, LLP THE PRO T ONOTARG f Jonathan Lobb, Esq., Id. No.312174 70!3 APR 30 ft MJTPNNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Jonathan.Lobb@phelanhallinan.com 215-563-7000 FLAGSTAR BANK, FSB Court of Common Pleas Plaintiff • Civil Division vs. CUMBERLAND County MARIO A. DELGADO • MARIA S MEDINA DE DELGADO • No.: 12-3439 CIVIL A/K/A MARIA S. MEDINA DELGADO • Defendants MOTION TO MAKE RULE ABSOLUTE FLAGSTAR BANK, FSB, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on April 1, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 25, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about April 4, 2013 directing the Defendants to show cause by April 24, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 12, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 289014 • 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 24, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: yby/g By: nathan Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 289014 Exhibit "A" 289014 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey March 22,2013 MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065-1034 RE: FLAGSTAR BANK, FSB v. MARIO A. DELGADO and MARIA S MEDINA DE DELGADO,A/K/A MARIA S. MEDINA DELGADO Premises Address: 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065 CUMBERLAND County CCP,No. 12-3439 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days,by 3/30/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, l f athan Lobh, Esq., Id. No.312174 Attorney for Plaintiff Enclosure 289014 Name and Phelan Haltinan,LLP <, Address MO 1617 JFK Boulevard,Suite 1400 {)f Sender One Penn Center Ptaza v 3 Philadelphia,PA 19103 KVM C Line Article Number Name of Addressee,Street,and Post Office Address Postage G'Ai t a�'*• MARIO A.DELGADO 50.46 � Q i MARIA S MEDINA DE DELGADO w 13 INDEPENDENCE DRIVE tI MOUNT HOLLY SPRINGS?PA 17065.1034 2 ' **** MARIO A.DELGADO me, MARIA S MEDINA DE DELGADO , c,r4,3 .:,, 286 CLOVERDALE FARM RD *�' Nn�, YORK SPRINGS;PA 17312-9758 -�. t R6:MARIO A.DELGADO(CUMBERLAND) PNS#289014![200. Page I txl.I $0.90 ;.4, r Tata Number of Teal Nu erofPiees Postman,?r(NW*or Tic f ia declaring avant'itrCi6acQatatl domestic ad iowlm Mmail The a : :, k Pice rJia dby Seada. Received a Pea Office Receiving&nployne) kr the eoaumrctioa of [got abla daconriesunder Evans it docmmen acona,action '� .2 i 1 pace staged In a lima,,f$ OotQ per occwn:sine The mama indemnity payst4e on Rana w The nonimn,ut waken*meek a 511.000 for routed mail,SW won .x11.14[.See r3�,.�----,.., . R9005913 and S921 for'exegete efenve ' Form 3877.Facsimiie — �, 4. • 289014 ' Exhibit "B" 289014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FLAGSTAR BANK. FSB • Court of Common Pleas Plaintiff • • Civil Division v. • CUMBERLAND County MARIO A. DELGADO • MARIA S MEDINA DE DELGADO • No.: 12-3439 CIVIL A/K/A MARIA S. MEDINA DELGADO • Defendants RULE AND NOW, this Y� day of ilia••) _2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE OURT J. t=7 - v Ada 14a/ it el ' tvia(';C �r be/4a1t�! 6ts !t<0 /y, ✓ �/4��; /2.k G 289014 Exhibit "C" 289014 Phelan Hallinan,LLP Jonathan M. Etkowicz, Esq.,Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 FLAGSTAR BANK, FSB . Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County MARIO A. DELGADO MARIA S MEDINA DE DELGADO No.: 12-3439 CIVIL A/K/A MARIA S. MEDINA DELGADO Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 4, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MARIO A. DELGADO MARIO A. DELGADO MARIA S MEDINA DE DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO A/K/A MARIA S. MEDINA DELGADO 13 INDEPENDENCE DRIVE 286 CLOVERDALE FARM RD MOUNT HOLLY SPRINGS,PA 17065-1034 YORK SPRINGS, PA 17372-9758 1'l el r tlinan LPG DATE: [...03 .. By: ` . ... Jo) e inn .1 Etkowicz, Esq., Id.No.208786 r `orncy for Plaintiff 289014 • Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 FLAGSTAR BANK, FSB • Court of Common Pleas • Plaintiff Civil Division • vs. • CUMBERLAND County • MARIO A. DELGADO MARIA S MEDINA DE DELGADO • No.: 12-3439 CIVIL • A/K/A MARIA S. MEDINA DELGADO Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. MARIO A. DELGADO MARIO A. DELGADO MARIA S MEDINA DE DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO A/K/A MARIA S. MEDINA DELGADO 13 INDEPENDENCE DRIVE 286 CLOVERDALE FARM RD MOUNT HOLLY SPRINGS, PA 17065-1034 YORK SPRINGS, PA 17372-9758 Phelan Hallinan, LLP DATE: VAL '/l3 By: �//a._ Jo►r* an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 289014 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA FLAGSTAR BANK, FSB Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County MARIO A. DELGADO MARIA S MEDINA DE DELGADO No.: 12-3439 CIVIL A/K/A MARIA S. MEDINA DELGADO Defendants ORDER AND NOW, this 21' day of f%AJ , 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $142,721.36 Interest Through July 1, 2013 $17,438.83 Late Charges $246.35 Legal fees $1,600.00 Cost of Suit and Title $1,715.75 Property Inspections $242.00 Property Preservation $560.00 Mortgage Insurance Premium to be paid $284.10 Non Sufficient Funds Charge $15.00 Escrow to be paid $570.71 289014 Escrow Deficit $3,461.89 TOTAL $168,855.99 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. MCD M Xr. t (/7 ! cn,3 -�G O--tj 70 -G 289014 OF r HE PRO1 CHONo TAR 20113 Jun 10 PM r: 10 L'UMBE'R(AND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE Court of Common Pleas SUITE 200 TROY, MI 48098 Civil Division Plaintiff Term Vs No. 2012-3439-Civil MARIO A. DELGADO MARIA S M:EDINA DE DELGADO A/K/A MARIA S. Cumberland County MEDINA DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1034 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Flagstar Bank, FSB, Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On May 31, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due September 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On June 5, 2012, Plaintiff completed service on Defendants of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 315935 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint*,the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request,the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. - 5. If more than sixty (60)days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Due to Defendants' failure to opt in to the program, Plaintiff inadvertently proceeded with the entry of judgment prior to lifting the stay imposed by the Diversion Program on August 31, 2012. 8. Defendants received service of the Complaint, had an opportunity to enter the Diversion Program and had an opportunity to defend the foreclosure action, but opted instead to take no action whatsoever with respect to this matter. 9. Since Defendants have opted not to participate in the Diversion Program or litigated the instant foreclosure action, it is appropriate for the stay to be lifted nunc pro tunc and the judgment confirmed. 315935 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program, the stay be lifted nunc pro tunc, and the default judgment entered August 31, 2012 is hereby confirmed. Respectfully submitted, PHELAN HALLINAN, LLP Date: BY: gAtto Schalk, Esquire ey for Plaintiff 315935 Exhibit A r r- m r-a —►O z-ri n ° °r a PHELAN HALLINAN&SCHIVIIEG,LLP Robert W.Cusick,Esq.,Id.No.80193 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FLAGSTAR BANK,FSB 5151 CORPORATE DRIVE COURT OF COMMON PLEAS SUITE 200 TROY,MI 48098 CIVIL DIVISION Plaintiff TERM V. NO. MARIO A.DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. CUMBERLAND.COUNTY MEDINA DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065-1034 Defendants CIVII.ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby certKy the ti1FTUK tY r1LX Wr t within to be a true and PLEASE correct copy of the original filed of record File#: 289014 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 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File N: 289014 1. Plaintiff is FLAGSTAR BANK,FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 2. The name(s) and last known address(es) of the Defendants)are: MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065-1034 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/11/2008 MARIO A. DELGADO and MARIA S MEDINA DE DELGADO made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR NATIONWIDE EQUITIES CORPORATION, A NEW YORK CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200804709. By Assignment of Mortgage recorded 03/26/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201208580.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g);which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2011 and each month thereafter are due and unpaid, and by the terms File N: 289014 of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of,03/01/2012: Principal Balance $142,721.36 Interest $5,307.47- 08/01/2011 to 03/01/2012 Late Charges $246.35 Property Inspections $24.00 Non Sufficient Funds Charge $15.00 . Mortgage Insurance Premium/ $57.75 Private Mortgage Insurance TOTAL $148,371.93 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s)in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability, discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8.. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable,have been sent to the Defendant(s) on the date(s) set forth thereon. file H: 289014 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $148,371.93,together with interest, costs, fees,and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. -AN IJ.A .�ZNAN& SCHMIEG, LLP b ": C;us ek,Esquire Attorney for Plaintiff File fl: 289014 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mt. Holly Springs, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a pin set on the Easternmost dedicated right-of-way line of Independence Drive, a fifty (50) foot wide street, said pin marking the common point of adjoiner of Lots#35 and#36 on the hereinafter mentioned plan with said dedicated right-of-way line; thence departing from the Easternmost dedicated right-of-way line of Independence Drive, and extending along Lot #36,North seventy (70) degrees twenty-seven (27)minutes thirty-one(3 1) seconds East, for a distance of one hundred and no hundredths (100.00) feet to a steel pin at Lot#63 on the hereinafter mentioned plan of subdivision; thence extending along Lot#63, South nineteen(19) degrees thirty-two (32) minutes twenty-nine (29) seconds East,for a distance of seventy and no hundredths (70.00) feet to a steel pin at Lot#34 on the hereinafter mentioned plan; thence extending along Lot#34, South seventy (70) degrees twenty-seven(27) minutes thirty-one (3 1) seconds West, for a distance of one hundred and no hundredths(100.00) feet to a steel pin set on the Easternmost dedicated right-of-way line of Independence Drive; thence extending in and through the Easternmost dedicated right-of-way line of Independence Drive,North nineteen (19) degrees thirty-two (32)minutes twenty-nine(29) seconds West, for a distance of seventy and no hundredths (70.00) feet to a steel pin on said dedicated right-of-way line at-Lot#36, said pin marking the place of BEGINNING. CONTAINING 7,000 square feet,or 0.1607 acres, and being designated as Lot#35 on a final plan of subdivision of Liberty Woods, Phase I, prepared for Liberty Associates by Walter N. Fiic N: 289014 Heine Associates, Inc., dated December 8, 1989, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 64, at Page 90, and being known and municipally numbered as 13 Independence Drive, Mt. Holly Springs, PA 17065. UNDER AND SUBJECT,NEVERTHELESS, to all notes and restrictions on the plan of subdivision hereinbefore mentioned, all easements, reservations, and restrictions of prior record, as well as to the following conditions and restrictions to which the hereby granted parcel of land shall be, and will remain, subject: 1. All residential structures shall have a minimum of 1100 square feet of finished living floor area. 2.No mobile homes shall be placed on any lot in this subdivision. 3.No dumping or stockpiling of materials or other items shall be permitted nor the accumulation of any junk or unlicensed vehicles on any lot within said subdivision. 4. Tree removal shall be kept to a minimum to permit the construction of a primary residence and garage. 5. Lot owners shall be responsible for the installation and maintenance of a sidewalk along the street frontage of their lot. Sidewalk construction must be completed within one year of lot purchase. The sidewalk must be constructed as per the specifications of the approved plan of subdivision. 6. The driveway to the house must be paved with a bituminous or concrete finish within one year of the completion of any residential structure. 7. A residential structure must be completed and habitable within two years of the purchase price of the lot. Failure to accomplish this shall give the developer an exclusive option to repurchase File#: 289014 the lot for the same price as the original purchase. An owner of two or more contiguous lots need not construct more than one residence on those lots. The Grantees, for themselves, their successors and assigns, by acceptance of this indenture, agrees with the Graniors, their successors and assigns,that the said restrictions and conditions shall be deemed COVENANTS RUNNING WITH THE LAND, and that in any deed of conveyance to any person said restrictions and conditions shall be incorporated by reference to this indenture and to the record thereof as fully as though they were contained therein. PROPERTY ADDRESS: 13 INDEPENDENCE DRIVE,MOUNT HOLLY SPRINGS, PA 17065-1034 PARCEL#23-35-2316-087 File 4: 289014 VERIFICATION SURE ANALYST 19ARBA DO , hereby states that he/she is FORECLOSURE Flagstar Bank,F.S.B., Plaintiff in this matter,that he/she has reviewed the business records relating to the mortgage at issue herein, and that he/she is authorized to make this Verification,and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: 'DA"ARADUAW DATE:.�,I Title: FORECLOSUREANALYST File#: 289014 (FHA) File!1: 289014 FORM 1 IN THE COURT OF COMMON PLEAS FLAGSTAR BANK,FSB OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. MARIO A.DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S.MEDINA DELGADO Defendant(s) 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 that 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 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 uiformation so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the fonnat attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed 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 arguments 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. Respec Iyysul"w'44-ted: Date Robert , .Cusick.,Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common 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 counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State Zip: Is the property for sale? Yes❑ No❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes❑ No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home:. Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Homer 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&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No❑ If yes, provide names, location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1, monthly amount: 2. monthly amount:., . Borrower Pay Days: Co-Borrower Pay Days: . Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort'Rage Food 2,nd Mort gage Utilities Car Pa ent s Condo/Neigh.Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other prop.payment Install.Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office); Fax: Email: 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? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION 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 Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) Exhibit B . I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheri Lc. �T Sheriff Jody S Smith Chief Deputy •.#X 7@12 JUL 23 AM 8: ?8 Richard W Stewart Solicitor OF Cf=IC:EOF'HEc�!ckIFF CUMBERLAND COLIN Y PENNSYLVANIA Flagstar Bank, FSB Case Numbe vs. Mario A. Delgado(et al.) 2012-3439 SHERIFF'S RETURN OF SERVICE 05/31/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sea h and inquiry for the within named defendant, to wit: Mario A. Delgado, but was unable to locate him in I iis bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 05/31/2012 Ronny R.Anderson, Sheriff who being duly sworn according to law states that he made a diligent sear h and inquiry for the within named defendant,to wit: Maria S. Medina De Delgado, but was unable to loc ate her in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the wil hin Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 06/05/2012 07:06 PM-Michael Barrick, Deputy Sheriff,who being duly sworn according to law, states that on June 5, 2012 at 1906 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: Mario A. Delgado, by making known unto Maria S. Medina De Delgado, Wife of Defendant at 13 Independence Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same tim_ handing to her personally the said true and correct copy of the same. MICHAEL BARRICK, DEPUTY 06/05/2012 07:06 PM- Michael Barrick, Deputy Sheriff,who being duly sworn according to law, states that on JunE 5, 2012 at 1906 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: Maria . Medina De Delgado, by making known unto herself personally, at 13 Independence Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the sam a handing to her personally the said true and correct copy of the same. Ze &PKAEL BA RICK, DEPUTY 06/08/2012 Adams County Return: And now, June 8, 2012 I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return,that I made diligent search and inquiry for Maria S. Medina De Delgado the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Adams and therefore return same NOT FOUND. Request for service at 286 Cloverdale Farm Road, York Springs, Pennsylvania 17372 the Defendant was not found. Current residents have resided at this address for over five years and do not know the Defendant. 06/08/2012 Adams County Return: And now, June 8, 2012 I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return,that I made diligent search and inquiry for Mario A. Delgado the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Adams and therefore return same NOT FOUND. Request for service at 286 Cloverdale Farm Road, York Springs, Pennsylvania 17372 the Defendant was not found. Current residents have resided at this address for over five years and do not know the Defendant. 'c!i;ou.^,yu,ln Sheri,i'cleascn m,: SHERIFF COST: $92.00 SO ANSWERS, July 17, 2012 RON R ANDERSON, SHERIFF I ir.;Co�in;ySuitP 5'1f�rl.1'e�em.;iN.t t:L; I PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff FLAGSTAR BANK,FSB Court of Common Pleas 5151 CORPORATE DRIVE SUITE 200 Civil Division TROY, MI 48098 Tenn Plaintiff Vs No. 2012-3439-Civil MARIO A. DELGADO Cumberland County MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065-1034 Defendants CERTIFICATION OF SERVICE I certify that a true and. correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: MARIO A. DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA S.MEDINA DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065-1034 Date: 7 By: ' se h P chalk, Esquire &ttney for Plaintiff 315935 s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 Court of Common Pleas TROY, MI 48098 Civil Division Plaintiff Vs Term MARIO A. DELGADO No.2012-3439-Civil MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO Cumberland County 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS, PA 17065-1034 Defendants ORDER AND NOW,this Z` day of ()�.,� 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. L MCO MM t, M t � ,5.c- CD.-r. 1 �,ra 315935 CC : Mario A. Delgado and Maria S. Delgado Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 MARIO A. DELGADO MARIA S M:EDINA DE DELGADO A/K/A MARIA S.MEDINA DELGADO 13 INDEPENDENCE DRIVE MOUNT HOLLY SPRINGS,PA 17065-1034 x- 315935 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FLAGSTAR BANK,FSB PHS#289014 DEFENDANT SERVICE TEAM/lxh MARIO A.DELGADO COURT NO.:12-3439 CIVIL MARIA S MEDINA DE DELGADO A/K/A MARIA S.MEDINA G, DELGADO �. ' SERVE MARIO A.DELGADO AT: TYPE OF ACTION �Lf•.�,.�... 286 CLOVERDALE FARM RD XX Notice of Sheriff's Sale YORK SPRINGS,PA 17372-9758 SALE DATE: September 4,2013 t CJ SERVED J[ Served and made known to MARIO A.DELGAD Wen t on the:K/ day of Y' ` 20 P,a.7 C-) � J 01:d¢ ,o'clock r.M.,at o w u Went r,c�,in the an er described below: G? ; Defendant personally served. �G�C �Y r{��� P Adult family member with whom Defendant(s)reside(s). / Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. —Manager/Clerk of place of lodging in which Defendant(s)reside(s). —Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: jo Descr' lion: Age ei ht /V Weight Race Sex Other c i4tpetent adult,hereby,verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the tinned case on the date and at the address indicated abov . I understand that this statement is made subject to . e hies of 1.8 P . S. Sec. relating to unsworn falsi catio to authorities. DATE:-41971)5 NAM PRINTED eV-��� ' TITLE: NOTSERVED On the day of 20 at o'clock_.M.,I, a competent adult hereby state that a endant R `-MUN ecause: _Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FLAGSTAR BANK,FSB PHS#289014 DEFENDANT SERVICE TEAM/Ixh c-� p, MARIO A.DELGADO COURT NO.:12-3439 CIVIL MARIA S MEDINA DE DELGADO A/K/A MARIA S.MEDINA DELGADO 3 t. SERVE MARIA S MEDINA DE DELGADO A/K/A MARIA S. TYPE OF ACTION MEDINA DELGADO AT: XX Notice of Sheriffs Sale 286 CLOVERDALE FARM RD SALE DATE: September 4,2013 -4 YORK SPRINGS,PA 17372-9758 C SERVED y , Served and made kn ,,'n t MARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO, Defendant on thgAZEy of 20 -7} t o'clock P M.,at w Q0 .1 �.,in e ipa__nner escribed be] Defendant personally served. OCF ( v,�b 7 A Adult family membf with hom Pefe dj nt(s)resi e(s). �pp Relationshipis U3 W2to -� , _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Descri ion: Age /I eiV Weight Race�5-Sex�Other J/C) laaSP� I, C lUe� h• co��ip�adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abov I understand that this statement is made subject tot pe hies of 18 Pa . Se . 04 relating to unswom falsi cati n to authorities. DATE: NAME: PRINTED E: V'VP TITLE: VTCC--f Cp e t< / NOT SERVED On the day f 20_,at o'clock_.M.,I, a competent adult hereby state that DeTendant I�'�D 'ecause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FLAGSTAR BANK,FSB PHS#289014 DEFENDANT SERVICE TEAM/lxh C, MARIO A.DELGADO COURT NO.:12-3439 CIVIL C MARIA S MEDINA DE DELGADO A/K/A MARIA S.MEDINA G DELGADO SERVE MARIO A.DELGADO AT: TYPE OF ACTION t� i 680 TOWN HILL RD XX Notice of Sheriff's Sale tf> N YORK SPRINGS,PA 17372-9042 SALE DATE: September 4,2013 '�Z z, c. // vn r C:) ; SERVED d� y a A Served and made known to MARIO A.DELGADO ndant on the�day of ; \ 201-3,a7 J a o�4,o'clock M.,at a N d • it the rc am�er describ d be qlw: Defendant personally served. �� 43.y1 _Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: / Desc iption: Age I H ight,�; A Weighty Race Sex�Other I, �'« L. fL' Ve lhpetent adult,,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the ptioned case on the date and at the address indicated above. I understand that this statement is made subject to a allies of 18 P S. Se 04 relating to unsworn falsi cati i to authorities. DATE: of 7 /3 NAME: PRINTED TITLE: Va crs5" NOT SERVED On the day of 20 ,at o'clock_.M.,1, a competent adult hereby state that Defendant O.N T�'U D because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 1.8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 PLAINTIFF AFFIDAVIT OF SERVICE CUMBERLAND COUNTY FLAGSTAR BANK,FSB PHS#289014 ,-.•-n DEFENDANT SERVICE TEAM/lxh �t� MARIO A.DELGADO COURT NO.:12-3439 CIVIIZ� C�7 CD MARIA S MEDINA DE DELGADO A/K/A MARIA S.MEDINA N --1 DELGADO r—CD Im SERVE MARIA S MEDINA DE DELGADO A/K/A MARIA S. TYPE OF ACTION z a O C MEDINA DELGADO AT: �? r. 680 TOWN TALL RD XX Notice of Sheriff's Sale 7;P,� 3; YORK SPRINGS,PA 17372-9042 SALE DATE: September 4,2013 �l SERVED Served and made knoyyyyn to ARIA S MEDINA DE DELGADO A/K/A MARIA S. MEDINA DELGADO, Defendant on the may of 20 ,at �a� ,0, lockat e N in t e m nner described below. �efendant personally served. �� �CY nibs �(A dult family memb r with whom Defe ant(s)reside(s) Relationship is s��,�.Ll � —Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. Other: an officer of said Defendant's company. _ Descri tion: Age ei ht �� Weight qqa J L�Race i Sex -' Other B I, a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the5APtioned case on the date and at the address indicated abov . scat I understand that this statement is made subject tot p lties of 18 Pa. Se 4 relating to unsworn fals' ' n to authorities. DATE: A/c* 15 NAME: PRINTED N E: �Ve V« _ Vv TITLE: VOCLQ s7 r-VeK NOT SERVED On the da of 20_,at—o'clock­M.,I, a competent adult hereby state that a endant 13�iecause: — _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 IFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 i'=9LEI OF 1---IC;, U THE PROThONOTAri i PHELAN HALLINAN,LLP 2013 AUG `6 AM IQ: 24Attorney for Plaintiff Adam H. Davis,Esq.,Id.No.20303U ,gg��L�� O COUNTY CO� ]6177 JFK Boulevard, Suite 1400 PENNSYLVANIA COU One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FLAGSTAR BANK,FSB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION MARIO A.DELGADO MARIA S MEDINA DE DELGADO A/K/A MARIA No.: 12-3439 CIVIL S.MEDINA DELGADO Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P.3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#782836 Name and Phelan Hallinan,LLP Address No 1617 JFK,Boulevard,Sot 1400 OfSender One Penn Center Plam 19103 AZKAI IC-09/04/2013 SALE q,Street,and Post Offlee.Address P;�Stnfe TEVAN'T/OCCUPANT 111 4 co 13 INDEPENDENCE DRIVE SO.45 MOUNT,HOLLY SPRINGS,?A 11065-1034 A^ DIVISION ovi FLOOR,STRAWBERRY SQ. DEPT 280601 A 17124 HARRISBURG,F DEPARTMENT UF PUBLIC WELFARE, CASUALTY UNIT,RTATE REC6VERy pRoaaM SOAS P.O.BOX 8486 WILLOW OAK BUILDING 'HARRISBURG.PA 17105 DOMESTIC AtIATIONS OF $0.45 CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA 50.4$ DEPARTMENT OF WELFARE P.O.BOX 2675 R URG,PA 17105 HA ;USE 1000 LIBERTY AVENUE ROOM 704 $0,45 PITTSBURGH,PA 15222 YEDERALBUILDING 228 WALNUT STREET,SUITF,220 FO JJOX 11754 _�=AIARRJSBURG,PA 17108-)754 �j Writ Team wto Form 3877 Facsimilp- m SHERIFFS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ ILED-OFF IC Sheriff 4;t.. I,iE i}�;Pft� TA R ✓ O tt At �ru�bc�jt ��a Jody S Smith �' Chief Deputy r J 10V 22 AI&I 8: 1,;:7 Richard W Stewart ".7 CUMBERLAND COUNTY Solicitor ORFtcE Or T14E SKERIFF P E N N S Y LVA Pd f A Flagstar Bank, FSB Case Number vs. Mario A. Delgado (et al.) 2012-3439 SHERIFF'S RETURN OF SERVICE 06/27/2013 06:16 PM -Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 13 Independence Drive, Mt. Holly Springs Borough, Mount Holly Springs, PA 17065, Cumberland County. 07/16/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Maria S. Medina De Delgado, a/k/a Maria S. Medina Delgado, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found"at 13 Independence Drive, Mount Holly Springs, PA 17065, property is vacant, defendant moved and did not leave a forwarding with the post office. 07/16/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Mario A. Delgado, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 13 Independence Drive, Mount Holly Springs, PA 17065, property is vacant, defendant moved and did not leave a forwarding with the post office. 09/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk on behalf of Flagstar Bank, FSB, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $838.46 SO ANSWERS, November 20, 2013 RbNW R ANDERSON, SHERIFF sv u P� (c)Coun:,vSuite Sheriff,Tcleosoft,Inc. r On June 10, 2013 the Sheriff levied upon the' defendant's interest in the real property situated in Mount Holly Springs Borough, Cumberland County, PA, Known and numbered as, 13 Independence Drive, Mount Holly Springs, as Exhibit "A" filed with this . writ and by this Reference incorporated herein. Date: June 10, 2013 By: c� Real Estate Coordinator SE :0! V 3ZNN110Z R LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-3439 Civil Term FLAGSTAR BANK, FSB vs. MARIO A. DELGADO,Maria S. Medina De Delgado a/k/a Maria S. Medina Delgado Atty.:Joseph Schalk By virtue of a Writ of Execution NO. 12-3439 CIVIL FLAGSTAR BANK, FSB vs.MARIO A.DELGADO,MARIA S MEDINA DE DELGADO a/k/a MA- RIA S. MEDINA DELGADO owner(s) of property situate in the BOROUGH OF MOUNT HOLLY SPRINGS, Cum- berland County,Pennsylvania,being 13 INDEPENDENCE DRIVE,MOUNT HOLLY SPRINGS, PA 17065-1034. Parcel No. 23-35-2316-087. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$148,371- .93. 42 'i PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. r isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this dav of August, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 26,2014 i �- The Patriot-News Co. • 1900 Patriot Drive Z4e Patr1otwXtws Mechanicsburg, ,PA 17050 Inquiries -"7'17-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 4012-3486 civil Term FLAGSTAR BANK,FSB This ad ran on the dates shown below: VS. MARIO A.DELGADO 07128/13 Maria S.Medina De Delgado, 08/04/13 a/k/a Maria S.Medina Delgado ARty. Joseph Schalk 08/11/13 By virtue of a Writ of Execution NO.12-3439 CIVIL FLAGSTAR BANK,FSB VS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MARIO A.DELGADO MARIA S MEDIED DE DELGADO Swor o n subscribe be fo this 23 day of August, 2013 A.D. A/K/A MARIA S.MEDINA DELGADO owncr(s) of property situate in the BOROUGH OF MOUNT HOLLY SPRINGS, Cumberland County, Pennsylvania,being (Municipality) O ublic 13 INDEPENDENCE DRIVE, MOUNT HOLLY SPRINGS,PA 17065-1034 Parcel No. 23-35-?316-087 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT. $148,371.93 C0MM0NW�AL TH OF PENNSYLVANIA Holly Notarial seal y Lynn Warfel,Notary Public Washington Twp.,Dauphin County MY Commission Expires Dec,12,2016 MEMBER,PENNSYLVANIA ASSO CIA71ON OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Flagstar Bank FSB is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 27th day of March, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 3439, at the suit of Flagstar FSB against Mario A. Delgado, Maria S. Medina DeDelgado, Maria S. Medina Delgado is duly recorded as Instrument Number 201337487. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the Fast Monday of Jan.2014