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HomeMy WebLinkAbout12-5260 ~ i._...~ -i;i IT ~ ~ d C,.~t ~i. 1 1 i . , ~ t.~ i . + ~~I Leon P. Haller, Esquire Purcell, Krug & Haller ~ ! ~`'~is 3 1719 North Front Street Harrisburg, PA 17102 ".~~15E~~~".~a ~ ..k 717.234.4178 ~"[~~~tSY~'~~.~~~3d.,> mtg@pkh.com MIDFIRST BANK IN THE COURT OF COMMON PLE S Plaintiff OF CUMBERLAND COUNTY, PENNSY VANIA vs. CIVIL ACTION -LAW STACY L. HAMILTON AND ACTION OF MORTGAGE FORECLO URE MATTHEW W. HAMILTON Defendants ~'p~' So7~0~ ~Vl 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 t ke action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorn y and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you it 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YO 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 PERESENTAD S, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA EMANDA Y AV[SO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA E CRITA, 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 E 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 D ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3 l 66 ~ ~u3.~S~I I~~ ~s ~ a~g~sy i MIDFIRST BANK, IN THE COURT OF COMMON PL AS Plaintiff CUMBERLAND COUNTY, PENNSYL ANIA vs. CIVIL ACTION LAW STACY L. HAMILTON AND ACTION OF MORTGAGE FORECL SURE MATTHEW W. HAMILTON, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR EBT 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 his Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, with n thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or a y portion thereof owing to the Plaintiff, the undersigned attorney will assume that said de t 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 attorn y shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. pon 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 cred for 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 i MIDFIRST BANK, IN THE COURT OF COMMON PL I AS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW STACY L. HAMILTON AND ACTION OF MORTGAGE FORECL SURE MATTHEW W. HAMILTON, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff is MIDFIRST BANK, a corporation, whose address is 999 N.W. GRAND BOUL VARD OKLAHOMA CITY, OK 73118. 2. The Defendants, STACY L. HAMILTON and MATTHEW W. HAMILTON, are adult individ als whose last known address is 736 ERFORD ROAD, CAMP HILL, PA 17011. 3. On or about, July 17, 2000, the Defendants executed and delivered a Mortgage Note in the sum of $75,711.00 payable to CENDANT MORTGAGE CORPORATION, which Note is attached he eto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in or er to secure payment of the same, the Defendants made, executed, and delivered to original Mortgag e, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within C unty and Commonwealth on February 19, 2000 in Mortgage Book 1626, Page 820 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BA K and was recorded on November 26, 2001 in the aforesaid County in Book 682, Page 2828. On Ma 23, 2002, the Plaintiff and the Defendants executed a Mortgage Modification Agreement changing he amount of the Unpaid Principal Balance to $76,607.81 and changing the monthly payment amo nt. The Mortgage Modification Agreement was recorded July 3, 2002 in Book 688, Page 1865. On M ch 21, 2006, the Plaintiff and the Defendants executed a Mortgage Modification Agreement changing he amount of the Unpaid Principal Balance to $79,317.23, changing the monthly payment amount nd changing the Maturity Dare. The Mortgage Modification Agreement was recorded May 19, 20 6 in Book 727, Page 1037. On October 17, 2008, the Plaintiff and the Defendants executed a Loan Modification Agreement changing the amount of the Unpaid Principal Balance to $82,702.65 d i changing the monthly payment amount. The Loan Modification Agreement was recorded Nov~mber 25, 2008 as Instrument Number 200838063. The said Mortgage, Assignment, Mortgage Modification Agreements and Loan Modification Agreement are incorporated herein by reference. ~I 5. The land subject to the Mortgage is: 736 ERFORD ROAD, CAMP HILL, PA 17011 and is mo e particularly described in Exhibit "B" 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 installmen due on February O1, 2012 and all subsequent installments thereon, and the following amounts are due n the Mortgage: UNPAID PRINCIPAL BALANCE $80,028.1 Interest at $19.73 per day $4,734.9 From O 1 /0l /2012 To 09/01 /2012 ( based on contract rate of 8.8750%) Accumulated Late Charges $2,690.8 Good through 08/09/2012 Escrow Deficit $411.2 Corporate Advance $534.3 Attorney's Fee at 5% of Principal Balance $4,001.4 TOTAL $92,400.9 **Together with interest at the per diem rate noted above after September O1, 2012 and other c arges 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 actua ly incurred by Plaintiff. i 8. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendants b~ letters dated July 13, 2011 as required by Pennsylvania Act No. 6 of 1974, as amended. Copies of the July 13, 2011 Act 6 Notices are attached hereto and marked Exhibit "C". II 9. The Defendants are not members of the Armed Forces of the United States of America, nor en aged in any way which would bring them within the Service Members Civil Relief Act, as amended. opies of the website reports from the Department of Defense Manpower Data Center, confirming non-a tive military duty are attached as Exhibit "D". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforeme tinned total amount due together with interest at the rate of 8.8750% ($19.73 per diem), together with other c arges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) i RE;ceivec~:. Jul-17-00 08:26 from CCITT G3 SLS LAW OFFICE page 15 MOR~i'GAGE SERVICES 7/17/00 8:28 PAGE 15/45 RightFAX tA,>n oarrs9rssz NOTE ~A ~a~e No. Ml1IE1St$t2 441-6.2913.0 0 -7 U 3 July 17th, 2000 (Dace} 736 l.RFCrRD ROAD CAMP EiILI,, PA 17012 [Yropesty Addnosa] 2. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" mean Cendant Mortgage Corporation and ]1S SuCCeSSOIS and assigll$. 2. BORROWER'S PROMIcE TO PAY; INTf:REST In return for a loan received from I.endcr, .8ottvwor promises to pay the principal sum of Seventy-Five Thouaand Seven Hundred 1z3.evan Dollaza and Zero Cents Dollars (U.S. $ 75 , 711.00 ),plus interest, to the order of Lender. Interest v~°ill be charged on unpaid princip , fibm the date of disbursement of the loan proceeds by Lender, ak the rate of 7Cight and 8aven 1Zight;hs percent ( 8.875 per yetu' anti[ the full amount of principal has been paid. 3. PROMfSE 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 da as this Note and called the "S:.curity Instrument." The Security Instrument protects the Lender froth losses which might result I' Borrower defaults under this Note. 4. MANNER OF PAYIYIEN[' (A) Time Borrower shall msdce a payment of principal and interest to Lender on the fret day of each month beginning n septe~asr 1st , ?000 .Any principal and intettst remaining on the first day of August 2030 ,will be due on drat dare, which is called the "Maturity Date." (B) Place payment shall be made at 3000 ka.danhall Road Mount Laurel , NJ 08054 or at such place as Lender may designate in writi i; by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 602.40 .This arnou t will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest ar d other items in the order described in the Securitz• Instrument. (.D) A{longs >n this Note for payment adjustments tf an allonge prov.diug for payment adjustments is executed by Borrower together with this Moto, the covenants the allonge shall be incoq~orated into and shall amend and supplement the covenants of this Note as if the allonge were a part this Note. [Check applicable i~ox] ?Graduated payment Allonge ?Gtrnving Equity Allongc ?Other jspecify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evi,ieuced by this Notc, in where or in part, without charge o~ penalty, ott the fist day of aay month. Lender sh~dl accept prepaytr?e:nt on other days provided that Borrower pays interest on the amount prepaid f the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower maker ix partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees r, writing to those chatrges, • 1 R (y5o , t •o~ t~Ioltiatnte Fixed Rate Note,IO/Sl; VMP MQgTtiFG£ FOpM6 • !800IS21.7257 ) ?ogc 1 OI 2 hicNlt: ' Y. lOk 1 i ~j l' ~ ` ~ t t r Received Jul-17-00 08:2E~ from CCITT G3 SLS LAW OFFICE papa 16 MORTGAGE SERVICES 7/17/00 8;28 PAGE 16145 RightFAX ~ - 6. BORROWER'S FAII.UR}; TO FAY I, (A) Date Charge [or Overdue Payments li If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragrap . 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender tray collect a late charge in the amour ; of Four p'.ecent ( 4.00 of the overdur, amount of each paymen . (B) Defeu[t if Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited'oy regulation of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due an all accrued interest. Leuder Wray choose not to exercise this option without waiving its rights in the event of arty subseque t default. In many circurnstance:s regulations issued by the Secretary will limit Lender's rights to require irnutediate payment i full in the case of payment defaults. This Note does not authorize accelerntlon when not permitted by HUD regulations. As use in this Note, ".Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Fayraent of Costs road Expenses If Lander has requi:^ed immediate payment in foil, as described above, Lender may require Borrower to pay costs an expenses including reasonable and customary attorneys' fees for enforcing this Note to the extant not prohibitect by attplicabl law, Such tees and costs shall bear interest from the data of disbursement at the same rate as the principal of this Note. 7. WAIVERS L~orrower and aty other person who has obligations under this Noce waive the rights of presentment and notice dishonor. "Presentment" means the right to require Lender to demand pavtttent of amounts due. "NoGCe of dishonor" means t right to require Lender to give notice to other pe:-sons that amounts due have not been paid. 8. GNING OF NOTIC)(SS Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be give by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address r Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Notc will be given by first class mail to Lender at the address stated i Paragraph 4(B) or at a different address if Bornower is given a notice of that different address. 9. OBLIGATIONS OF FER3ONS UNDER TJ€1lIS NOTE If mote than one person signs this Note, e<rch person is fully and personally obligated to keep all of the promises made i t this Note, including the promise to pay the full amouut owed. Any person who is a guarantor, surety or endorser of this Note .r also obligated to do these things. Any person wlto takes over these obligations. including the obligations of a guarantor, sure or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforcz its rights carder th's Note against each person individually or against all signatories together. Any one person signing this Note may be required t pay all of the amounts owed under this Note. BY SIGNING BELQW, Borrower accepts amd agrees to the terms and covenants contained in this Note. (Seal) ) Mti W HAl4II1PODt -Borrower STACY II.fiOI~T -Bo r (Seal) (Sea ) ~AY'i'tl 7' ~?RA~R d~: -err°"~ -Bo~ro r w1~rt~ou~r cocnzsE (Seal} - (Sea ) -Bo,ra,.K, • ~ ~ -Born , K acct, ('nt l i n c ASSISISR~.~~.;~pa1) ~M ~ (S~ ) Ccndnnt Mortgage~Corporatian ~ , _Bon , DI3A I'HI-i ~i~4ottgage Services,]:nc, BY: ~~•Vlu " VICE RESfDENT~ t~®•'iR t9san.oa p.sa2o« '~PTTE J. GARNER ~T~N' ~rzginal. i I RLL THE FflI.LOWING described real estate situate i.n the Township of East F'ennsburo, County of Cumberland, and Cammonwealttr of Pennsylvanig more particularly bounded and described as follows, tci wit: BEGINNING at a paint on the westerly line of Erfard Road (East), which point is seven hundred ninety-eight and sixty-five arts hundredths feet south of the southeasterly corner of Matthew Raaa, and Erford Road (East), ~ and at dividing line between Lets Nos. 9 and IqX, 82ock "J" on the here- inafter men~tianed Plan of lots; thence along, the Westerly line of Erford Roan CEast) South thirty-seven degrees east thirty-seven and fifty one- hundredths feel; to a point at dividing~Iine between Lots Nas. 2C1 end 20X, j 81ork °'J", on said Plan; thence along said dividing line 5put:~ Fifty-three degree:; na minutes West one hundred ten Feat to a paint at dividing line between La t,, Nas. 10X, Block "J" and Lot Na. Z3, 91ack "J"; tnanca along said divfdirig line North 'thirty-seven degrees West thirty-sev~:n and fifty one-hundredths feat to a point at dividing line between Lota Nos. 9 and 10X, Black "J", aforesaid; thence along said dividing line North fifty- three asgrer3s no minutes east one hundred ten feet tp a point., the place of BEGINNIN[,. ANO 3EING Lut No. 10X, 81ack "J", Plan Na. 8, Rid:ley Park, wh:.chr Plan ie recorded in the Office of the Recorder of Deeds in and far Cumberland County, Pennsylvania in Plan 8aok 16, Page 49. BEING premises known as 1614-8 Erford Road (Feat) now knaLrn~as 736 East Erfard Street. i ~~I t I _f Midland Mortgage Co. Delinquency Assistance Center P,O. Box 266A8, Oklahoma Ci<y, OK 73126 • Phone (800) 552-3000 07/13/11 "`REV"`4.41 MATTHEW W HAMILTON 736 ERFORD STREET CAMP HILL PA 17011-1125 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCi;~ UNDER SECTION 403 OF PENNSVi vanlla ar.T nln F nF 1974 RE: 736 ERFORD STREET CAMP HILL PA 17011-1125 Loan Number 0048040572 Dear Mortgagor. Midland Mortgage Co. 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 03/01/11 through 07/01!11 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $7061,68. All payments referred to In this notice must be in the form of Cashier's or Certified Check made payable to Midland Mortgage Co. 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) DAY5 from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (dectare due and payable immedia#ety the entire loan) the mortgage obligation and al! other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDINGS. (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 monthy installment if payment is made after the 1" 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 $838.90. (B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDINGS have been started, the amount you wiU have to pay will also include the regular monthly installments and late charges then due, plus, if incurred, any ATTORNEY'S FEES OF NOT MORE THAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000, extension 1799. AFTER FORECLOSURE PROCEEDINGS HAVE 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 `If you have received a bankruptcy discharge of the debt secured by the MortgagelDeed of Trust of you are cun'ently in bankruptcy under the protection of the automatic stay, this letter is not an attempt to collect the debt, but any default wlp need to be cured to avoid foredosure. if your loan was In defaup at the time Midland began servicing it and you have not filed bankruptcy or received a discharge of the debt secured by the MortgagelDeed of Trust, we are required to advise you thaf this communigtlon Is from a debt collector, this Is an attempt to coped a debt, and any information obtained wip be used for that purpose, ~ _ Midland Mortgage Co. ©elinquency Assistance Center P,O. 8ox 26648, d~homa Ctty, OK 73126 • Phone (800) 552.3000 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 Co. at 1-800-552-3000). Should you FAIL to reinstate the loan as outlined above, the mortgage premises will be SOLD AT A 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 toA-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 Co. Loan Number 0046040572 '!f you have received a bankruptcy discharge of the debt secured by the MortgegelDeed of Trust or you are currently in bankruptcy under the protection of the automatic stay, this letter is not an attempt to colect the debt, but any default wiH need to be cured to avoid foreclosure. If your loan was in default at the Ume Midland began servicing it and you have not filed bankruptcy or received a discharge of the debt secured by the Mortgage/Deed of Trust, we are required to advise you that this communication is from a debt collector, this is an attempt to collect a debt, and any information obtained vn'U be used for that purpose. I Midland Mortgage Co. Delinquency Assistance Center P,O. Box 26648, Oklahoma Gty, OK 73i26 • Phone (800) 552-3000 i 07/13/11 ***REV**4.41 STACY L HAMILTON 736 ERFORD RD CAMP HILL PA NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE l-1NDER SECTION 403 OF PENNSYLVANIA ACT NO f F 1974 RE: 736 ERFORD STREET CAMP HILL PA 17011-1125 Loan Number 0046040572 Dear Prior Mortgagor: Midland Mortgage Co. 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 03/01/11 through 07/01/11 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $7061.68. All payments referred to in this notice must be in the form of Cashier's or Certified Check made payable to Midland Mortgage Co. 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 PROCEEDINGS. (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 additlonal monthly installment if payment is made after the 1" 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 $838.90. (B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDINGS have 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 FEES OF NOT MORE THAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000, extension 1799. AFTER FORECLOSURE PROCEEDINGS HAVE 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 '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 protectlon of the automatic stay, this letter is not an attempt to collect the debt, but any default wiU need to be aced to avoid foreclosure. If your loan was in defauk at the tkne Midland began servicing it and you have not filed bankruptcy or received a discharge of the debt secured by Ehe MortgagelOeed of Trust, we are required to advise you that this communicatton is from a debt collector, this is an attempt to collect a debt, and arty information obtained will be used for that purpose. I _ Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, Oklahoma City, OK 73126 • Ptwne (800) 552-3000 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 Co, at 1-800-552-3000). Should you FAIL to reinstate the loan as outlined above, the mortgage premises will be SOLD AT A SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks following SERVICE of the Complaint in Mortgage ForeGosure, at which time your OWNERSHIP interest in the mortgaged premises will be TERMINATED, and thereafter, if occupied, proceedings will be taken to (?STAIN POSSESSEON 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 limltatians and requirements. You may CURE bEFAULTS up to three (3) times in any calendar year. Upon cure of a defauk you will be in the same position as if there had been NO DEFAULT. A default may be cured by ANYONE an your behalf. It is important that you call our office as soon as possible to discuss the options available to you. pur 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 Co. Loan Number 0046040572 "tf you have received a bankruptcy discharge of the debt seuued by the Mortgage/Deed of TNSt or you are currently in bankruptcy under the protedlon of the automatlc stay, this letter is not an attempt to coNect the debt, but any default vn'tl need to be cured to avoid forecbsure. If your loan was in defauN at the Nme Midland began servicing it and you have not fNed bankruptcy or received a discharge of the debt secured by the MortgagelDeed of Trust, we are required to advise you that thts communication is from a debt collector, this is an attempt to collect a debt, and any informa4on obtained wNi be used for that purpose. - ~ Department of Defense Manpower Data Center Resuksasot: JUn-25-201211:2:15 ~t~~.fi7C~Tt Fi~uantto the S>?~irern,e~beasCivit ~ztie~ ?pct Last Name: HAMILTON First Name: MATTHEW Date Of Interest: Jun-21-2012 Adlre Duly Anil DNe " 91aMta - - - ~ - QRAdh:A pub qn DiM of Interest' 'E ~ N!A No Tiwa reaponae ra6ads the indMdwh alive duty status based on Ita Dale of InHrasL Leal Adws_. _ _ Dutyt'~tddrt867!)sysofDateSNpiterest No This raryonse reAsds whether the indbiduai kfl alive duty status vMtin 867 days Itntat~p the Dale of Interest. - nfief.orHiaMerlkt%WtiNPUAadolaFu(urbtilf.UAto:' dive,. baDtdtotl,geiest I ~ No iNa response rdleds wheMer the Indvidual or rdefiar unft hac received early nolifieation W repod for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the Individual on the date of interest as to atl branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes initxmalion on a Servicemember or hlsMer unit receiving notification of future orders to report for Active Duty. r Mary M. Snavely-Dixon, Director Department of pefense -Manpower Oata Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Delivered by CoreLogic !nc l r - _ _ i Department of Defense Manpower Data Center Results as or Jun-2S201211;2:,s Sts:t~s~.ept~rt I, Pur3uantto the: ~e~ri~eme~bers C~~ai Relie~t ?~tz ~I Last Name: HAMILTON First Name: STACY Date Of Interest: Jun-21-2012 Nve Duly End~Daia - $taW~,. ~ _ - 6ervioe ColtlDOrl9n1 lQulllYOn tmledlMgesi ~ _ ,...v::~. N!A Np Thb reaponss raacds Ute IndhAdwi's adtve dtAy sMlus based on tM pate of IMSracL eflAeawpMyY~Firi~DajliolpaBe`bttM.erit>t . _s,. NO Thb responss re6eW whsHter Iha indMdud IeR aeYw duty ataAle glgUrt 967 days precedlnp the Dds of Mteretl ~ ~ d,..:;.... The Mend»r d FGt~IFler Unit.Was Ne6rlad.of a Paiute CdHJp b r1~Mve Awry ori. Qate br Inkrer; , ' ~ No Thk response re6eeta whedw the indNWud or Maher unit has repived wAy nol{(indon b report (or naive 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 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 notificatton of future orders fo report for Active Duty, jj Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Balivered by CoreLogic Inc - _ _ ~I COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct u on 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 g~~~~~2-- By -----~:ossph Hadd d Senior Foreolosure Title Lrtisation Specialist i ~f7 r` r,~ . 3 IN THE COURT OF COMMON PLEAS OF ~ ~ MIDFIRST BANK : CUMBERLAND COUNTY, PENNSYLVANIA ~C> ` as Plaintiff(s) 'i _ _ jW vs. t.--: . STACY L. HAMILTON AND MATTHEW W. HAMILTON 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 acourt-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 COnClliatlOn 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. /F YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QU/CKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully subm' ed: 8/22/12 Date Leon P. g:aller Jill M. Wineka Attorney. for Plainftiff Purcell, Krug and Haller 1719 North Front Street Harrisbur PA 17101 PA ID 157~a / 58802 _ _ II Iii MIDFIRST BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. STACY L. HAMILTON AND MATTHEW W. ' HAMILTON Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE 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 Defendants Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date r 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: 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: Cel I: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? • c ~ 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: Value: 'i 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. motorcvclesl: 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 pavins) 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/Tuit. 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): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program I!, (HEMAP) assistance? II 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: 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