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HomeMy WebLinkAbout12-4795 Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com E z ; 2 AUG -I AM 10: CUMBERLAND COUN 1 Y PENNSYLVANIA MIDFIRST BANK IN THE COURT OF COMMON PL AS Plaintiff OF CUMBERLAND COUNTY, PENNSY VANIA vs. CIVIL ACTION - LAW COLBY D. NEIL AND CYNTHIA E. NEIL ACTION OF MORTGAGE FORECLO URE Defendants NS' ?1/ 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 ake action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by alto ey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you ail 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 oney claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or othe rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYE OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE Y U 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. ST DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTAD S, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA EMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA SCRITA, 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 REQUE IRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE UE 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 ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 S 4 /03.75 011,17? G°#1XV MIDFIRST BANK, vs. Plaintiff IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNS CIVIL ACTION - LAW VANIA COLBY D. NEIL AND CYNTHIA E. NEIL, Defendants ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff is MIDFIRST BANK, a corporation, whose address is 999 N.W. GRAND OKLAHOMA CITY, OK 73118. 2. The Defendants, COLBY D. NEIL and CYNTHIA E. NEIL, are adult individuals whose last address is 8 AIRPORT ROAD, SHIPPENSBURG, PA 17257. EVARD 3. On or about, March 01, 2006, the Defendants executed and delivered a Mortgage Note in the s of $153,225.00 payable to FIRST HORIZON HOME LOAN 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 Defendants made, executed, and delivered to Mortgage Electronic Registration Systems, Inc. as Nominee for First Horizon Home Loan Corporation, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on March 3, 2006 in Mortgage Book 1942, Page 1146 conveying to original Mortgagee the sub ect premises. On March 26, 2009, the Plaintiff and Mortgage Electronic Registration Systems, Inc as Nominee for the Plaintiff and the Defendants executed a Loan Modification Agreement changi g the amount of the Unpaid Principal Balance to $151,054.23, changing the monthly payment amount, changing the Maturity Date and changing the Interest Rate to 5%. The Loan Modification Agr ement was recorded May 8, 2009 as Instrument Number 200915179. The Mortgage was subsequent) assigned to MIDFIRST BANK and will be sent for recording, which Assignment is attached hereto and marked Exhibit "B". The said Mortgage and Loan Modification Agreement is incorporated herein by r ference. 5. The land subject to the Mortgage is: 306 WALNUT STREET, SHIPPENSBURG, PA 17257 more particularly described in Exhibit "C" attached hereto. 6. The Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that the Mortgagors have failed to pay the installmei January 01, 2012 and all subsequent installments thereon, and the following amounts are due c Mortgage: UNPAID PRINCIPAL BALANCE Interest at $20.14 per day From 12/01/2011 To 08/01/2012 ( based on contract rate of 5.0000%) Accumulated Late Charges Good through 06/29/2012 Escrow Deficit Corporate Advance Suspense Credit Attorney's Fee at 5% of Principal Balance TOTAL is t due on i the $145,027. 0 $4,834. 4 $1,276.48 $834.64 $108.00 ($306.54.) $7,251.4 $159,026.1 "Together with interest at the per diem rate noted above after August 01, 2012 and other 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. Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actuE incurred by Plaintiff. and If the lly 8. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 6 of 1974 and as amended by Pennsylvania Act 57 of 2008 by sending to each Defendant, by certified mail, No ice of Intention to Foreclose Mortgage and Accelerate Loan Balance. True and correct copies of the Notice of Intention to Foreclose Mortgage and Accelerate Loan Balance dated May 4, 2012 are attached hereto as Exhibit "D". 9. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Service Members Civil Relief Act, as amended. Copies of the website reports from the Department of Defense Manpower Data Center, confirming non-active military duty are attached as Exhibit "E". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforeme tioned total amount due together with interest at the rate of 5.0000% ($20.14 per diem), together with other charges and costs including escrow advances incidental thereto to the/datt of Sheriffs Sale and for foreclosure and sale of the property within described. / By: PURCEM, KRUG & 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) i r 1 NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT I APPROVAL OF THE DEPARTMENT OF VETERANS AFFA OR ITS AUTHORIZED AGENT. March let, 2006 SHIPPENSBURG PENNSYLVANIA [Date] (City] [State] r li ?06 WALNUT STREET, SHIPPENSBURG, Penasylvaaia 17257 [Property Address] P,: BORROWER'S PROMISE TO PAY : - In return for a loan that I have received, I promise to pay U.S. $ 1.53,22S.00 (this amount is called "Prin Otis ;nterest, to the order of the Lender. The Lender is FIRST HORIZON HOME LOAN CORPORATION I 1; will make all payments tinder this Note in the form of cash, check or money order. I I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is 0'receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yea Of 6.375 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section tftis Note. . PAYMENTS (A) Time and Place of Payments { I will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning on April 1st, 2006 I wi t6se payments every month until I have paid all of the principal and interest and any other charges described below that I m +pder this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Pt I ,, on March 1st, 2036 ,1 still owe amounts under this Note, I will pay those amounts in full on that date, v dalled the "Maturity Date." + I will make my monthly payments at PO Box 809 $MOHIS, TN 38101 or at a different place if required by the Note i i (B) Amount of Monthly Pa37nents My monthly payment will be in the amount of U.S. $ 955.93 . BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without premium or fee, the entire indebtedness or any part ltot less than the amount of one installment, or $100.00, whichever is less. Any Prepayment in full of the indebtedness i ?iedited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an inst One date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is ea I IMULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 1 mended for Veterans Affairs X056493141 Form 92001/01 10-10-6-0589007 ft -SG (U212) Amended 6100 r is VMP MORTGAGE FORMS • (800)521.7291 Patge i of 3 Inttials: Ir I S rate ) of make fowe is be 1 I, S.! LOAN CHARGES ' if a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest e lout charges collected or to be collected in connection with this loan ex(eed the permitted limits, then: (a) any such loan shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected fr which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reduci P>;ipcipal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be tre a ,partial Prepayment. I. bti BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calends af?r the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.00 mt, overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. r(C) Notice of Default ' If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amoun c date, the Note Holder ma e?n y require me to pay immediately the full amount of Principal which has not been paid and merest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or del by-other means. I(D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described, thp,! Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses ' If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. e4penses include, for example, reasonable attorneys' fees. 7.; GIVING OF NOTICES '' Unless applicable law requires a different method, any notice that must be given to me under this Note will be giv delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the H?Ider a notice of my different address. ' Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by firs rn? l to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that dif address. 8.: '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 Note, including the promise to promises made i pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, sure endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights i this Note against each person individually or against all of us together. This means that any one of us may be required to pay tl* amounts owed under this Note. 9; WAIVERS i I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dish' "presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" mean rijht to require the Note Holder to give notice to other persons that amounts due have not been paid. I 1 I' Op56493141 (M0-SG (0212) Form 3200 ( Page 2 a13 ? Inltfala: li i other me the as days % of by a 11 the to be n by Note class this also v or of the C-DAI 10: ALLONGE TO THIS NOTE - if an allonge providing for payment adjustments or for any other supplemental information is executed by the together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the cov th)s--Mote as if the allonge were a part of this Note. [Check applicable box] l.1 Graduated Payment Allonge ? Other (Specify] ? t i r!' r €k *r [Specify] It. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to Holder under this Note, 'a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same dace as t protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this N Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all I owe under this Note. Some of those conditions are described as follows: Regulations (38 C.F.R. Part 36) issued under the Department. of Veterans Affairs ("VA") Guaranteed Low Authority (38 U.S.C. Chapter 37) and in effect on the date of'loan closing shalt govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. l WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. C?NTSIA ?rSiL (Seal) Borrower COLBY D. NEIL -(Seal) -Borrower I? I? I? I. I? Ir I. I 00;56493141 00. 50 (0212) I? -(Seal) -Borrower _ (Seal) -Borrower of Note Note, That [Sign Original Pape 3 of 3 Form 320011/01 PAfthro'It to the orderof re . 1l. ,, first Hnrizon H?_.oan Corporation by ?'' ._.. B.J. Cooled, Vice, PresiTer3_ _ Without Recourse Pay to the Order of From: Mid First Bank gy:k IAI Natalie Jones, Vice President r Prepared by and Return to: Iaide Filer MidFirst Bank 2730 North Portland Avenue Oklahoma City, OK 73107 Loan #52727371 MIN No. 100085200564931410 MERS Phone: (888) 679-6377 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Horizon Home Loan Corporation, its successors and assigns, 1901 E. Voorhees Street, Suite C, Danville, IL 61834, (hereinafter called the "Assignor"), does hereby grant, convey, assign, transfer and set over to MidFirst Bank, A Federally Chartered Savings Association, 999 NW Grand Blvd., Suite 100 Oklahoma City, OK 73118, (hereinafter called the "Assignee"), its successors and assign's, all to the Assignor's rights, title and interest in and to: The Mortgage dated 03/01/2006, executed by Cynthia E. Neil & Colby D. Neil, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for First Horizon Home Loan Corporation, recorded on 03/03/2006, in Book 1942, Page 1146, modified on 03/26/2009, recorded as instrument No. 200915179, on 05/08/2009, in the Office of the Recorder, Cumberland County, State of Pennsylvania, and covers the following real property and all improvements: Mortgage Amount: $153,225.00 Property Address: 306 Walnut Street, Shippensburg, PA 17257 Parcel Number: 32342413136 Legal Description: See Attached for Legal Description. In Witness Whereof, the undersigned corporation has caused this instrument to be executed D04 day of July, 2012. ATTEST age Ll tro ' Registration S stems, Inc., solely s mi orizon Home "Z nm t'orpor? Do- - , its successors and assigns Vice President 6 4A - k bil STATE OF OKLAHOMA COUNTY OF OKLAHOMA On this ars day of July, 2012, before me, a Notary Public, in and for said county, personally appeared Be Garver, to me personally known, who being by me duly sworn did say that she is the Vice President of Mortga Electronic Registration Systems, Inc., acting solely as nominee for First Horizon Home Loan Corporation, successors and assigns, and that the within instrument was signed on behalf of said corporation by authority of Board of Directors, and that they acknowledged the execution of said instrument to be the voluntary act and deed said corporation, executed for the uses and purposes set forth. In testi hereof, I have hereunto et my hand and official seal this day of July, 2012. dd '-, .4 j Carol L. Harber Notary Public My Commission Expires. 03/11/2014 I do hereby certify that the address of the assignee is: MidFirst Bank, 999 NW Grand Blvd., Suite 100 Oklahoma City, OK 73118 ? CAROL L NARBER i sue„ Notary Public State of Oklahoma Commission # 10002089 Expires QE/11114 = ---------------------- YA Al A j i ki:7? 11 011r-YA A 44,4,!T Na y Lentz ALL THAT CERTAIN lot of ground situate on Walnut Street, formerly Long Avenue, in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by Walnut Street, formerly Long Avenue; on the East by lot now or formerly of J. Eldon Long and wife; on the South by a public alley; and on the West by lot now or formerly of Joseph Sheeler Estate; said lot having a uniform width of thirty-five (35) feet from Walnut Street, formerly Long Avenue, aforesaid to the alley and having a depth of one hundred fifty (150) feet from the said street to the alley; and being Lot No. 37 in a plan of building lots laid out by Philip Harman, Trustee of C. Long, and of record among the Deed records of Cumberland County, Pennsylvania, in Plan Book No. 1, Page 37. iib`` C l 1 &k? • idland Mortgage A Division of MidFirst P.O. Box-26648 • Oklahonza City, OK 73126 a 800.S.S2.3000 05/04/12 MD"lR27E27B7P1or2 CYNTHIA E NEIL 306 WALNUT ST SHIPPENSBURG PA 17257-2022 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE UNDER SECTION 403 OF PENNSYLVANIA ACT NO 6 OF 1974 RE: 306 WALNUT STREET SHIPPENSBURG PA 17257 Loan Number 0052727371 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 01/01/12 through 05/01112 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $6,485.83. 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 ban) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING. (A) If you wish to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL AMOUNT DUE stated above, plus an additional monthly installment if payment is made after the 1st day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CHARGE is due with each mortgage payment that is paid more than fifteen (15) days after the due date. Your current monthly installment is $1,021.85. .......................................................... ........ (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 Wrtgaga/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 new to be cured to avoid foreclosure. If your loan was in default at the time MldFirat Bank acqukW 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. ldz O1 &h?, L q -b " • ldland Mortgage A Division of MidFirst I? 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 0052727371 '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 NdFirst Bank acquired the servicing of your ban and you have not filed communtica io received s from a debt collector, this is an attempt to collect abdegbtt, and arty Infom ation vm are obtained will be to advise used for at pthat this urpose. nsisxat am //& Midland Mortgage A Division of MidFirst P.O. Box 26648 • Oklabonta City, OK 73126 • 800.S52.3000 05/04/12 MDWRMEM1P1of2 COLBY D NEIL 306 WALNUT ST SHIPPENSBURG PA 17257-2022 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE UNDER SECTION 403 OF PENNSYLVANIA ACT NO 6 OF 1974 RE: 306 WALNUT STREET SHIPPENSBURG PA 17257 Loan Number 0052727371 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 01/01112 through 05101/12 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $6,485.83. All payments referred to in this notice must be in the form of Cashier's or Certified Check made payable to Midland Mortgage and must be received at the expedited payment processing address on your coupon book not later than the dates and times specified herein. In the event that payment (as specified in the proceeding paragraph) is not made WITHIN THIRTY (30) DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING. (A) if you wish to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL AMOUNT DUE stated above, plus an additional monthly installment if payment is made after the 1st day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CHARGE is due with each mortgage payment that is paid more than fifteen (15) days after the due date. Your current monthly Installment is $1,021.85. 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 ft Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay, this letter Is not an attempt to coltect'the debt, but any default will need to be axed 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 Modgage/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. 1.12 M, • ldland Mortgage A Division of MidFirst P.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 shalt 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 toii-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 0052727371 'If you have received a bankruptcy discharge of the debt secured by the Mor%laga/peed of Trust or under the protection of the automatic stay, this letter is not an attempt to collect the dabs, but d you are currently in bankruptcy avoid foreclosure. If your loan was in default at the time MldFW Bank any efault will need to be cured to bankruptcy or received a discharge of the debt secured the Mo acquired the servicing of your loan and you have not tiled communication is from a debt collector, this Is an attempt to collect a debt anted any InfTrust, or?i areeine wire required d of a that that this purpose. 1P7?t W2 _ T Department of Defense Manpower Data Center Raulleesof: Jun-01-2012 5:37:44 41 StsBeport Pu;rsnantto the. Sen irememb err Civil R&et ?pct Last Name: NEIL First Name: CYNTHIA Date Of Interest: May-31-2012 ...:..:.. ... a . irglan N/A No TNs response r*ft ds Un Ind<W4W's OWN duty sbau bawd on Un Dot* of Interest .. . . :: . . , . : ? Duq' IAAUdII 367 . - .. ' L?II Active No TNs resporlaa fo%M Wmlhw 6m indWdud M adit duty Steen vent// 367 days precedhV ON Dale oft nWest .:......:.:...:...... N&AW d a . . .... F.uWnCMd)PbAdlyaD!dY so. No Thb r*Nm" re6eck sAWOW the Nrdlvtdoal or tddher UM has rowiftd easy notaeaden to repel for asive duty -.. _ __? __...._ _. ,,.,, ,.,,,r-, •,,,o, •• w vcro: sae ma"power vale Uenter, oared on the information that you provided, the above is the status the individual on the date of interest as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NCAA, 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. • 147? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Dellvered by CoreLogic Inc ?{ c J( i-' ( 1 1 ?/ T Department of Defense Manpower Data Center Reuksasof: Jun-Ot-2012 5:37:44 40 StatusR.epon PwsuanttotheSeuv-icesnemberb- Civil Relief Act Last Name: NEIL First Name: COLBY Date Of Interest: May-31-2012 .., .,. '.: Qdy:Drl aimdMierefi .. :._ N/A No This response coeds the Whilduars - 4* 90his Dead on d+e DMe of MteneL tan?Wwoueyv?a?ras7.usr+oruas'ot.intein' :::: rs::;:"•....:. :?::;: No TMs response moods wh&M*r d» IrMM" lets eWve duty "M VAhIn 307 days pr MVV the Date of hNeresi, Tliti MemWr or NleMer 4hul Wins NiA . of A Fuumm CalWp ro AWw 0ulyai D9le W Mlarea :.'` .'. No This response rellects vdrndter the individuni or WsMer urr9 hss received early na"cadon to report for salve duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the date of interest as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status Includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. a )Fit, -4 Aai7 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Derwered by C"Logic Inc COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct upon personal knowledge and upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.; Section 4904 relating to unworn falsification to authorities. Dated JZ4 117, By Jose h Haddad Senior Foreclosure Title T i 'gam r=ealist ??MQtLAdp COO IN yTHE COURT OF COMMON PLEAS OF MIDFIRST BANK PE'NNSYLVANt iAMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. COLBY D. NEIL AND CYNTHIA E. NEIL /n 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 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. Respectful bmitted: 7/31/12 Date on P. Halle-r/ A1111 M. ineka Attorney for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisbur PA 17101 PA ID 1576 / 58802 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # t$UKKUwLK KLQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: City: Is the property for sale? Yes[] NO E] Listing date: Realtor Name: Borrower Occupied: Yes[] No[] Mailing Address (if different) City: Phone Numbers: Home: Cell: Email: # of people in household: State: Zip: _ Price: $ Realtor Phone: State Zip: Office: Other: How Mailing Address: City: Phone Numbers: Home: Cell: State: Zip: Office: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: $ Other: $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model:_ Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. 2. Borrower Pay Days: Year: Year: Monthly Gross Monthly Net Monthly Gross Monthly Net Monthly Gross Monthly Net Monthly Amount: _ Monthly Amount: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currentiv navinel EXPENSE AMOUNT EXPENSE AMOUNT Mortgage 2" Mortgage Food 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. Day/Child Care/Tuit. Spending Money 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: Value: Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes F1 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: Phone: I/We' authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed MIDFIRST BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. COLBY D. NEIL AND CYNTHIA E. NEIL Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~KCa of ~u~~brt't~~~~ :: ~ ,w-~ ;~~~ -~: ,. ~cF~cE~~~ *~+F sM~~I~F ~;UFt~:t~t...ii~~ '~l~~~~ ~ ~}. PN~~SY~.l~;N(,~ Midfirst Bank vs. Colby D. Neil (et al.) Case Numt~ 2012-4795 SHERIFF'S RETURN OF SERVICE 08/06/2012 03:57 PM -Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on Aug 6, 2012 at 1557 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and No of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Cynthia E. Neil, by making known unto herself personally, at 8 Airport Road, Shippensburg, Cumberla County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. LACK, DEPUTY 08/06/2012 04:35 PM -Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on Augu 6, 2012 at 1635 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Not of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Coll D. Neil, by making. known unto himself personally, at 306 Walnut Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM'BLA~K, DEPUTY 08/09/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent and inquiry for the within named defendant to wit: Occupant of 306 Walnut Street, Shippensburg, Pennsylvania 17257, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Proc as not found as to the defendant Occupant. Deputies were advised, Colby D. Neil is the only adult resident at 306 Walnut Street, Shippensburg, Pennsylvania 17257. SHERIFF COST: $105.00 August 09, 2012 SO ANSWERS, ~~i~ R ANDERSON, SHERIFF jc) CounrySuite Shoriff, Teleosoft, Inc.