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Home My WebLink About12-3973Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com MIDFIRST BANK vs. DEIRDRE L. BINGHAM Plaintiff Defendant rp & A p p ?v No. 0-' 3 9 7 3 c`-f +e/,k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 /1)3,75-/ W, k / 27?y,2 ,? a 770 "I MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DEIRDRE L. BINGHAM, Defendant CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DEIRDRE L. BINGHAM, ACTION OF MORTGAGE FORECLOSURE Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff is MIDFIRST BANK, a corporation, whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. The Defendant, DEIRDRE L. BINGHAM, is an adult individual whose last known address is 4126 KITTATINNY DRIVE, MECHANICSBURG, PA 17050. 3. On or about, May 22, 1998, the Defendant executed and delivered a Mortgage Note in the sum of $95,450.00 payable to ACCUBANC MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, the Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on June 10, 1998 in Mortgage Book 1459, Page 952 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to GMAC MORTGAGE CORPORATION and was recorded on January 25, 1999 in the aforesaid County in Book 601, Page 365. The Mortgage was subsequently assigned to MIDFIRST BANK and was recorded in the aforesaid County on December 5, 2008 as Instrument Number 200838948. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 4126 KITTATINNY DRIVE, MECHANICSBURG, PA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on December 01, 2011 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $71,085.34 Interest at $13.82 per day $3,317.28 From 11/01/2011 To 07/01/2012 ( based on contract rate of 7.0000%) Accumulated Late Charges $251.24 Good through 06/06/2012 Escrow Deficit $115.77 Corporate Advance $126.00 Suspense Credit ($515.16) Attorney's Fee at 5% of Principal Balance $3,554.27 TOTAL $77,934.74 "Together with interest at the per diem rate noted above after July 01, 2012 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letter dated April 12, 2012 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the April 12, 2012 Act 6 Notice is attached hereto and marked Exhibit "C". 9. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. A copy of the website report from the Department of Defense Manpower Data Center, confirming non-active military duty is attached as Exhibit "D". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.0000% ($13.82 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described By: --- v PURCELL, KRUG HALLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) • • NOTE FHA Care No. Multistate 441-567619-8 May 22nd, 1998 (Date) 4126 KITTATINNY MECHANICSBURG, P 1Pmpcny •Addreaal Loan ID: 3169655 DRIVE CERTIFIED TC A 17055 TRUE AW :=- COPY OF MORIu,.:.:L 1. PARTIES 'Borrower' means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means AccuBanC Mortgage Corporation and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Ninety Five Thousand Four Hundred Fifty and no/100-------- Dollars (U.S. $ 95, 450.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Seven percent ( 7.000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on July 1st , 1998 . Any principal and interest remaining on the first day of June , 2028 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 12377 Merit Dr., #600, P.O. Box 809089, Dallas, Texas 75251 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 635.04 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ?Graduated Payment Allonge ?Growing Equity Allonge ?Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary, If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in , writing to those changes. FHA Multisule Fused Rate Note - IONS ?m•1R ioeou INn -' VMP MORTOAOE FORMS - i800)62L72Y 1 111111,11 11111 Psaa 1 of 2 Irtitiala: 6h-(6??(k P t t r 71 .• ?;I 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, 'Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shalt bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 4. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) DEIRDRE L. BINGHAM -Borrower ®®-1R moil _ (Seal) _ -Borrower _ (Seal) -Borrower - (Seal) _ -Borrower Pp" 2 W 2 _ (Seal) -Borrower a!• _ (Seal) i -Borrower _ (Seal) p f -Borrower _ (Seal)l t . -Borrower ' ij', ALL THAT CERTAIN lot or tract of land with the improvements erected thereon, situate in Hamp- den Township, Cumberland County, Pennsylvania, as set forth on the Final Subdivision Plan for Mountain View Village, Phase IV, dated June 1, 1989 and recorded May 7, 1990 in -the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 60, Page 87, more particularly bounded and described as follows, to wit: BEGINNING at a point along the northerly right of way line of Kittatinny Drive at the dividing line of Lots 47 and 48 as set forth on the aforesaid Plan; thence on a course of North 07 degrees 57 minutes 58 seconds East, a distance of 100 feet to a point along lands now or formerly of J.P. Roth; thence along the aforesaid lands now or formerly of J.P. Roth and the herein described tract on a. course of North 82 degrees 02 minutes 02 seconds West, a distance of 20 feet to a point along the dividing line of Lots 49 and 48 on the aforesaid Plan; thence on a course of South 07 degrees 57 minutes 58 seconds West, a distance of 100 feet to a point along the afore- said line of Kittatinny Drive; thence on a course of South 82 degrees 02 minutes 02 seconds East, a distance of 20 feet to a point, the point and place of BEGINNING. BEING Lot 48 on the aforesaid Final Subdivision Plan for Mountain View Village, Phase 1V, currently known and numbered as 4126 Kittatinny Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 392, Page 787, Miscellaneous Book 393, Page 557, and Miscellaneous Book 414, Page 1102. ?h?bif'B' ,t ?II I ' •i .i ` r i. ?i IONS R 7t i1f 8/0, e1Midland Mortgage A Division of MidFirst Bank 1? O. Box 26648. Oklahoma City, OK 73126.800.552.3000 ii 04/12/12 MD447R77 E71 e1P1 or2 DEIRDRE L BINGHAM 4126 KITTATINNY DR ow MECHANICSBURG PA 17050-9136 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE UNDER SECTION 403 OF PENNSYLVANIA ACT NO 6 OF 1974 RE: 4126 KITTATINNY DRIVE MECHANICSBURG PA 17055 Loan Number 0053121015 Dear Mortgagor: MidFirst Bank is the holder of a Mortgage and a Note on the above premises, or is the mortgage-servicing agent for such holder. As of the date of this notice, THE MORTGAGE IS IN DEFAULT STATUS because of non-payment of the following: payments, late charges, and advances from 12/01/11 through 04/01/12 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $4,802.75. • All payments referred to in this notice must be in the form of Cashier's or Certified Check made payable to Midland Mortgage and must be received at the expedited payment processing address on your coupon book not later than the dates and times specified herein. In the event that payment (as specified in the proceeding paragraph) is not made WITHIN THIRTY (30) DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING. (A) If you wish to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL AMOUNT DUE stated above, plus an additional monthly installment if payment is made after the 1st day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CHARGE is due with each mortgage payment that is paid more than fifteen (15) days after the due date. Your current monthly Installment is $906.81. _ .................................................................................................................. .............. ........................... ._.............. (B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDING has been started, the amount you will have to pay will also include the regular monthly installments and late charges then due, plus, if incurred, any ATTORNEY'S FEE OF NOT MORE THAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage at 1-800-552-3000, extension 1799. 'If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay, this letter Is not an attempt to collect the debt, but any default will need to be cured to avoid foreclosure. If your loan was in default at the time MidFirst Bank acquired the servicing of your loan and you have not filed bankruptcy or received a discharge of the debt secured by the Mortgoge/Dead of Trust, we are required to advise you that this communication is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. MO H, it n an a 1 P 202 Midland Mortgage A Division of MidFirst Bank iiiiiiiiiism- A.O. Box 26648 • Oklahoma City, OK 73126 • 800.552.3000 AFTER FORECLOSURE PROCEEDING HAS BEEN STARTED, you have the right to STOP the ..,,? foreclosure action at any time up to ONE (1) HOUR BEFORE the commencement of the SHERIFF'S .. SALE by paying the entire amount due at the time (which shall include all delinquent installments and unpaid late charges, together with REASONABLE LEGAL FEES ACTUALLY INCURRED, costs and other sums related to the foreclosure action, and which amount can be obtained by contacting Midland ¦?? Mortgage at 1-800-552-3000). Should you FAIL to reinstate the loan as outlined above, the mortgage premises will be SOLD AT SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks following SERVICE of the Complaint in Mortgage Foreclosure, at which time your OWNERSHIP interest in the mortgaged premises will be TERMINATED, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSION of the real estate. You have the right to REFINANCE THE LOAN with another lending institution or TRANSFER THE PROPERTY to another person, under and subject to the existing mortgage. That person will have the SAME RIGHT TO CURE THE DEFAULT as you have, subject to the same limitations and requirements. You may CURE DEFAULTS up to three (3) times in any calendar year. Upon cure of a default you will be in the same position as if there had been NO DEFAULT. A default may be cured by ANYONE on your behalf. It is important that you call our office as soon as possible to discuss the options available to you. Our Loan Counselors may be reached toll-free at 1-800-552-3000, Monday through Friday, 8:00 a.m. to 9:00 p.m. (Central Time). . _. Sincerely; Delinquency Assistance Center Midland Mortgage Loan Number 0053121015 `If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently In bankruptcy under the protection of the automatic stay, this letter Is not an attempt to collect the debt, but any default will need to be cured to avoid foreclosure. If your loan was in default at the time MIdFlrst Bank acquired the servicing of your loan and you have not filed bankruptcy or received a discharge of the debt secured by the Mortgage/Deed of Trust, we are required to advise you that this communication is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. May-7-S-2012 06:10:51 Department of Defense Manpower Data Center Results as of: May-2 SCRA 2.1 stato Report pursuant to Servicememben Civil. lief Act Last Name: BINGHAM First Name: DEIRDRE Active Duty Status Date May-23-2012 ncttve Duty End Date statue Santa component On Active Duty on Active Duty staus Date NA No NA This response reflects the Individuals' scsve duy status based on the Ac" Duty Status Data Left Active Duty Within 367 Days of AOdw Duty Stake Date NA No NA This response reflects where the individual left wAhm duty status vMin 367 days pracedinp the AoNve Duly Status Data The Member or Hiskler UnM Was NotlMd of a Future CWUp to Active Duty on Adlw Duty Status Date NA No NA This response reflects whether the kWividual W NOw unit has rote ved early notlEcOon to report for active duty loon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status o the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. iA. a•+? )6t 1101 Mary M. Snavely-Dixon. Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 6>:,- h \' b 1, t ?I-U t COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct upon my personal knowledge and upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated 6, ( )--1 t BY N JI Josh Mills Senior Foreclosure Title Litigation Specialist IN THE COURT OF COMMON PLEAS OF''" r MIDFIRST BANK CUMBERLAND COUNTY, PENNSYLVANIA -t' rv -w'7:.- Plaintiff(s) CJ1 VS. ti. DEIRDRE L. BINGHAM`? c .? Defendant(s) 3? 73 Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet In the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: _. 6/22/12 Date Leon P. Haller / Jill M. Wineka Attorney for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 15706 / 58802 IN THE COURT OF COMMON PLEAS OF MIDFIRST BANK CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. DEIRDRE L. BINGHAM Defendant(s) REQUEST FOR CONCILIATION CONFERENCE Civil Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date 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 Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: City: Is the property for sale? Yes E] No E] Realtor Name: Borrower Occupied: Yes ? No[:] Mailing Address (if different) City: Phone Numbers: Home: Cell: Email: Listing date: State # of people in household: Mailing Address: City: Phone Numbers: Home: Cell: Email: # of people in household: First Mortgage Lender: Type of Loan: State: Zip: Office: Other: How long? State: Zip: Office: Other: How Iona? Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Zip: _ Price: $ Realtor Phone: Is the loan in Bankruptcy? Yes El No M If yes, provide names, location of court, case number & attorney: T Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: $ Other: $ Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Other transportation (automobiles, boats, motorcvcles) Year: Amount owed: Value: Value: Model: _ Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. - Borrower Pay Days: Monthly Gross Monthly Gross Monthly Gross Monthly Amount: Monthly Amount: _ Co-Borrower Pay Days: Mnnf-kk, Cvwwnma. 101----1..:--1...4,. EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Year: Year: Monthly Net Monthly Net Monthly Net Value: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: I/We, _ named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Borrower Signature Date Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed Phone: . authorize the aheve SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson r. Sheriff r i??T` i'J +'.s Jody S Smith a" P'•,° Chief Deputy 7012 JUL -3 AM 8* 23 Richard W Stewart ('9U IRER'LAhD G0WN' i, Solicitor PEN'q S Y B AN1 A Midfirst Bank vs. Case Number Deirdre Bingham 2012-3973 SHERIFF'S RETURN OF SERVICE 06/26/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 26, 2012 at 1335 hours this Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program upon defendant Occupant of 4126 Kittatinny Drive, Mechanicsburg, Pennsylvania 17055 is returned not served per request from Attorney Leon P. Haller. 06/26/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 26, 2012 at 1335 hours this Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program upon defendant Deirdre Bingham is returned not served per request from Attorney Leon P. Haller. SHERIFF COST: $44.00 June 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com MIDFIRST BANK, Plaintiff VS. DEIRDRE L. BINGHAM, Defendant .. y h? == G Ln r- 1 co C -0 =c == ? tV IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 12-3973 Civil IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudic PURCELL, KRUG & HALLER By Leon P.Haller ID #15700 Attorney for Plaintiff f rn ---s r ?G Date: August 2, 2012