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HomeMy WebLinkAbout13-2943 1 Supreme Coin oU Pennsylvania COUr ,C4 leas For Prothonotary Use Only: Civil Cfl�er =Sheet Docket No: cuMBER'L �. County 13 o�y The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Complaint Writ of Summons Petition S 0 Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiffs Name: Lead Defendant's Name: C MIDFIRST BANK. AMY J. BOYA T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) Eg outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes U No Is this an MDJAppeal? 0 Yes No A. Name of Plaintiff/Appellant'sAttorney: Leon P Haller / Jill M. Wineka Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle Debt Collection: Other 0 Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include Employment Dispute: mass tort) E. 0 Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other Zoning Board 0 Other: 1 0 Other: 0 MASS TORT 0 Asbestos Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment B 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute ONon-Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 11112011 Leon P. Haller, Esquire: Purcell, Krug & Haller 2 1719 North Front Street �'UY'1BRt t'�tCOt�t`1' Harrisburg, PA 17102 t�tSY 717.234.4178 mtg @pkh.com Nn. 13 MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW AMY J. BOYA ACTION OF MORTGAGE FORECLOSURE Defendant 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 DEMANDA.DO 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 po 3. 7� CID &��y1, MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW AMY J. BOYA, ACTION OF MORTGAGE FORECLOSURE Defendant 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 AMY J. BOYA, 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, AMY J. BOYA, is an adult individual whose last known address is 400 BRACKNELL ARCH, UNIT K, CHESAPEAKE, VA 23320. 3. On or about, August 06, 2003, the Defendant executed and delivered a Mortgage Note in the sum of $83,300.00 payable to MORTGAGE INVESTORS 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 Mortgage Electronic Registration Systems, Inc. as Nominee for Mortgage Investors Corporation, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on August 15, 2003 in Mortgage Book 1830, Page 41 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for recording, which Assignment is attached hereto and marked Exhibit `B ". The said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 159 FAITH CIRCLE, CARLISLE, PA 17013 and is more particularly described in Exhibit "C" 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 November 01, 2012 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $67,266.99 Interest at $11.06 per day $2,687.02 From 10/01/2012 To 06/01/2013 ( based on contract rate of 6.0000 %) Accumulated Late Charges $269.94 Good through 05/14/2013 Escrow Credit ($257.02) Corporate Advance $75.00 Suspense Credit ($248.45) Attorney's Fee at 5% of Principal Balance $3,363.35 TOTAL $73,156.83 * *Together with interest at the per diem rate noted above after June 01, 2013 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. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 which contained amendments to Act 91 of 1983 (35 P.S. 1680.401c et. sec .) and Pennsylvania Act 57 of 2008 which contained amendments to Act 6 of 1974 (41 P. S. 101 et. sec..) by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice dated February 28, 2013 is attached hereto as Exhibit "D ". 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 10. 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 Service Members Civil Relief Act, 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 "E ". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.0000% ($11.06 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: PURCELL, KOG & HALLER Leon P. Haller, Esqu' e I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717- 234 -4178) i i NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. VA Case No. 10 -10- -0573546 August 6, 2003 Carlisle PA [Date] [Cin•j Istate] 159 Faith Circle, Carlisle, PA 17013 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. $ B3.300.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is MORTGAGE INVESTORS CORPORATION 1 will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to 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. 1 will pay interest at a yearly rate of 6.000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. 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 1 s day of each month beginning on October 1. 2003 1 will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on September 1, 2033 1 still owe amounts under this Note, [ will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 6090 CENTRAL AVENUE, ST. PETERSBURG, FL 33707 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 499.43 4. 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 thereof not less than the amount of one installment, or $100.00, whichever is less. Any Prepayment in full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier. 377528 MULTISTATE FIXED RATE NOTE - Single Family- Fannie Mae /Freddie Mae UNIFORM INSTRUMENT Amended for Veterans Affairs Form 3200 1101 k •513 ro2121.01 Amended 6100 ® vMP MOarcAee Foray • ta00v.2+.72et P.F. 1 or a TNtS IS A TRUE AND CORRECT CO?v Of THE ORIGINAL TI 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. 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 fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue payment. 1 will pay this late charge promptly but only once on each late payment. I (B) Default If I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest 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 delivered by other means. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 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 to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses Include, for example, reasonable attorneys fees. 7. GMNG OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by 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 Note Holder 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 first class mail 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 different address. I 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 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. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I 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 the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. i 377528 Form 32110 1141 ® sG rozitt.or P.D. Z a9 7 In1147: 10. ALLONGE TO TH1S NOTE i If an allonge providing for payment adjustments or for any other supplementaRformation is executed by the 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 ❑ Other [Specify) ❑ Other [Specify) 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 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 Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and t 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) A - Borrower - Borrower I I i (Seal) (Seal) - Borrower - Borrower Day TO The Order Of _ (Seal) (Seal) ^_ Borrower - Borrower Dy: k4n, .. Jfs Co fabon Da te:; (Seal) - Borrower -Borrower I W. C_ [Sign Original Only] VICE DREW i 377528 (m 5G (0212).01 Pne S of 7 Form 3200 1101 I I i Prepared by and Return to: Anika Gilbert MidFirst Bank Attn: Documentation 2401 N.W. 23rd St., Suite 2A Oklahoma City, OK 73107 { Loan # 53329969 MIN No. 100073337752802898 MERS Phone: (888) 679 -6377 i i ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Mortgage Investors 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 8/6/03, executed by Amy J. Boya, an unmarried woman, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Mortgage Investors Corporation, recorded on j 8/15/03, in Book 1830, Page 0041, in the Office of the Recorder, Cumberland County, State of Pennsylvania, and covers the following real property and all improvements: Mortgage Amount: $83,300.00 Property Address: 159 Faith Circle, Carlisle, PA 17013 Parcel Number: 29140868100 Legal Description: See Attached for Legal Description. In Witness Whereof, the undersigned corporation has caused this instrument to be executed day of May, 2013. ATTEST: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for gage Investors Cor , its successor assigns tt a Vice President i i STATE OF OKLAHOMA COUNTY OF OKLAHOMA On this day f Ma 2013 before me a Notary Public in and for said county, personally appeared Bette Y Y> rY � Y P Y PP Garver, to me personally known, who being by me duly sworn did say that he is the Vice President of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Mortgage Investors Corporation, its successors and assigns, and that the within instrument was signed on behalf of said corporation by authority of its Board of Directors, and that they acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, executed for the uses and purposes set forth. In testimo hereof, I have hereunto set my hand and official seal this 0 day of May, 2013. ^ �CAPOLL.HARBER Carol L. Harber Notary Public My Commission Expires: 03/11/2014 sr �htotary Public tate of Oklahoma , Commission # 90002069 Expires 03111114, f - - - - - - - - I do hereby certify that the address of the assignee is: MidFirst Bank, 999 NW Grand Blvd., Suite 100 Oklahoma City, OK 73118 Anika Gilbert All that certain parcel of land situate in the Township of North Middleton, County of Cumberland, State of Pennsylvania, being known and designated as Lot No. 103 on the Man of Kingsbrook, Section 'W', as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 28, Page 148; containing 50 feet along the West along Faith Circle; containing 150 feet along the North along Lot No. 102 on said Plan; containing 50 feet along the East along land now or formerly of Hooke, Lebo & Hooke, as shown on said Plan and containing 150 feet along the South along Lot No. 104 on said Plan and containing 7,500.00 square feet. 4 AMY J SOYA 159 FAITH CIR CARLISLE PA 17013 -8827 Loan Number 0053329969 j 1 1 1 i *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. It your loan was in default at the time MldFkst 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 i purpose. l I i Date: 02/28/13 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 3422397. (Persons with impaired hearing can call (717) 780 - 1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFlCACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRASTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LATERDIDA DEL DERECHO A REDIMIR SU RIPOTECA. HOMEOWNER'S NAME(S): AMY J BOYA PROPERTY ADDRESS: 159 FAITH CIRCLE CARLISLE PA 17013 r LOAN ACCOUNT NO.: 0053329969 ORIGINAL LENDER: MidFirst Bank CURRENT LENDERlSERVICER: Midland Mortgage, a Division of MidFirst Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH - THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TINS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES — If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice - (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF j FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The i Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the ! Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE 'YOUR. MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT — The MORTGAGE debt held by the above lender on your property located at: 159 FAITH CIRCLE CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for and the following months and the following amounts are now past due: • Monthly Payments in the Amount of $765.07 for the months of 09/01/12 through 02/01 /13 • Monthly Late Charges in the Amount of $30.60 for the months of 09/01/12 through. 02/01/13 • Outstanding Late Charges totaling $30.60 • Outstanding Fees* totaling $45.00 *For a breakdown of the fees listed above, please call 1- 800 -552 -3000. TOTAL AMOUNT PAST DUE: $4802.29 HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4802.29, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME PAST DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: I Midland Mortgage, a Division of MidFirst Bank P. O. Box 268888 { Oklahoma City, OK 73126 -8888 f i IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the l mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged i property. f i 1 i i i i i IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney fees will Y be added to the amount you owe the lender, which may include other reasonable costs. If you cure the default within the THIRTY '(30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other chbrges then due, reasonable attorney's fees and costs connected with the foreclosure sale and. any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest daze that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MidFirst Bank, c/o Midland Mortgage, loan servicer Address: 990 N.W. Grand Blvd. Oklahoma City, OK 73188 Phone Number: 1- 800 - 552 -3000 Fax Number: 1 -405- 767 -5500 Contact Person: Twila Ballard E -Mail Address: Twila.Ballard @MidFirst.eom EFFECT OF SHERIFF'S SALE — You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the -outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YO U MA Y ALSO DA VE THE RIGHT; • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR. COUNTY s Cumberland County CCCS of Western PA —York Mary Loftus ba Clover Hill Road Dallastown PA 17313 888.611.2227 , mloftusC�-ccGspa.arp wWvw .cCcspa.orA Pre.Purchase and Pre.Closing Educational Seminars Department of Defense Manpower Data Center Results as of: May -23- 201306:45:46 SCRA 3.0 State Report f Y Pursuant to Servicemernbors Civil Relief Act Last Name: BOYA First Name: AMY Middle Name: J Active Duty Status As Of: May -23 -2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the Individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Data Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his /her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M. Snavely - Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 _b 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 >1 Q By Melanie Ca r Title Senior Foreclosure Litigation Specialist IN THE COURT OF COMMON PLEAS OF - V:x mca MIDFIRST BANK : CUMBERLAND COUNTY, PENNSYLVANIA M_ IMF Plaintiff(s) c r;o ; > ---I C AMY J. BOYA o �3_ aG413 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. Respectfully s tte 5/23/13 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 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: CUSTOMERIPRIMARYAPPLICATI Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O-BORRO WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N 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: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently payinsl 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): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? 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: AUTH 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. AMY J. BOYA Defendants) 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 C") r SHERIFF'S OFFICE OF CUMBERLAND COUNTY -� w rn CV Ronny R Anderson zt Sheriff rn Jody S Smith ° r— CD --� Chief Deputy ` o Richard W Stewart A p co Solicitor CIFTICEOF ax=OffERIF- fir~' Midfirst Bank vs. Case Number Amy Boya 2013-2943 SHERIFF'S RETURN OF SERVICE 06/10/2013 11:20 AM -Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Nathan Boya, son of defendant, who accepted as "Adult Person in Charge"for Amy Boya at 159 Faith Circle, North Middleton, Carlisle, PA 17013. TIM ISLACK, DEPUTY 06/10/2013 11:20 AM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Nathan Boya,who accepted as"Adult Person in Charge"for Occupant at 159 Faith Circle, North Middleton, Carlisle, PA 17013. TIM LACK, DEPUTY SHERIFF COST: $58.34 SO ANSWERS, ('�Z, X, (1441� June 12, 2013 RON R ANDERSON, SHERIFF (c)County Suite Sheriff,Toleosoft,Inc. MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. No. 13-2943 AMY J. BOYA CIVIL ACTION - LAW Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 404 I, Leon P. Haller, hereby certify that a true and correct copy of the Complaint,Notice of Residential Mortgage Foreclosure Diversion Program, Financial Worksheet and Request for Conciliation Conference in the above captioned action were served upon Amy J Boya as follows: Complaint,Notice of Residential Mortgage Foreclosure Diversion Program, Financial Worksheet and Request for Conciliation Conference mailed by certified mail, return receipt requested, postage prepaid, on June 10, 2013 addressed to: AMY J. BOYA 400 BRACKNELL ARCH UNIT K CHESAPEAKE, VA 23320 Attached hereto is the original mailing receipt postmarked June 10, 2013 along with the original Receipt Card signed by Amy J. Boya and dated June 19, 2013 c Leon P. Haller rn 1719 North Front Streit �. Harrisburg, PA 17102 SWORN to and s ribed a'C-' °°- o 3> this day of 20 /3 ANo is My commission expires: COMMONWEAL_ NMVANIA Notarial Seat nita E.Prussadc,Notary O'ublk (SEAL) ofnHamosburg,Dauphin County Expires Sept 26,2013 MernBo be;P�runsJlv�,nia As:,uda ' mT No�ries 7196 9008 9111 8545 6769 _ TO: AMY J. BOYA 400 BRACKa[:'LL ARCH UNIT K CHESAPEAKE,VA 23320 SENDER: MSH/SVC REFERENCE: MID/BOYA PS Form 38 O.JanuarV 2005 RETURN Postage 'L RECEIPT Certified Fee SERVICE Return Receipt Fee 2.55 Restricted Delivery 0.00 Total Postage&Fees - -L8 r LISPS* �MAfDR D x Receipt for v; Certified Mail"' N No Insurance Coverage PPavided Do Not Use for International Mail 2. Article Number COMPLETE THIS SECTION ON DELIVERY A.&ereived by(Pleas learly) B. Date of Delivery l 9� OtP C. SI ❑Agent 7196 9008 9111 8545 6769 ❑Addressee D s delivery a s iffere om item 17 ❑Yes If YES,enter delive ass low: ❑No 3. Service Type CERTIFIED MAILT' 4. Restricted Delivery?(Extra Fee) ❑Yes 1. Article Addressed to: `MY J. BOYA 400 BIZAcM0,I.,ARCM UNIT K (Q / CHESAPFAKE, VA 23320 MIDIBOYA i\11SH/SVC PS Form 3811,January 2005 Domestic Return Receipt ,0140 T1 1719 NORTH FRONT STREET PENNSYLVAtilA HARRISBURG, PA 17102-2392 ATTORNEY FOR PLAINTIFF MIDFIRST BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS . NO. 13 -2943 CIVIL AMY J. BOYA IN MORTGAGE FORECLOSURE Defendant MOTION TO LIFT STAY IMPOSED BY THE MORTGAGE FORECLOSURE DIVERSION PROGRAM AND NOW comes Plaintiff, MidFixst Bank, through it ' s counsel, Leon P Haller, and in accordance with Paragraph (k) of the order of February 28, 2012, establishing the Mortgage Foreclosure Diversion Program, represents as 1 . The within foreclosure action was filed May 24, 2013 . 2 . Service of the Complaint and Notice of Residential Mortgage Foreclosure Diversion Program was made on June 19 , 2013 . 3 . DEFENDANT DOES NOT RESIDE IN THE WITHIN PROPERTY. 4 . Defendant has not opted to participate in the Mortgage Foreclosure Diversion Program. 5 . Plaintiff, in accordance with the provisions of the Mortgage Foreclosure Diversion Program, requests that the stay be lifted. _ WHEREFORE, Plaintiff requests that the stay imposed by the Cumberland County Mortgage Foreclosure Diversion Program be lifted to allow Plaintiff to proceed with the foreclosure action. PURCELL, KRUG & HALLER By : Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 -2392 (717 ) 234 -4178 Attorney ID #15700 Attorney for Plaintiff Dated: July 16 , 2013 6 VERIFICATION I verify that the statements made in the foregoing Petition to Lift Stay, are true and correct . 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 . Leon P . Haller Dated : June 13 , 2013 LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717)234-4178 ATTORNEY FOR PLAINTIFF MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs . CIVIL ACTION - LAW NO. 13 -2943 CIVIL AMY J. BOYA IN MORTGAGE FORECLOSURE Defendant CERTIFICATE OF SERVICE I, Leon P. Haller, the undersigned, Attorney for Plaintiff, hereby certify that I served on the 16TH day of July, 2013 a copy of the Petition to Lift Stay Imposed by Mortgage Foreclosure Diversion Pro ram g upon each of the following person at the addresses shown below: Amy J. Boya Unit K 400 Bracknell Arch Chesapeake, VA 23320 Dated: July 16 , 2013 Leon P. Haller Attorney for Plaintiff w MIDFIRST BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS . NO. 13 -2943 CIVIL AMY J. BOYA IN MORTGAGE FORECLOSURE Defendant ORDER AND NOW, this 2 2" day of 2013 , upon consideration of Plaintiff Petition to Lift Stay, Notice of the Residential Mortgage Foreclosure Diversion Program having been served on June 19 , 2013 , and Defendant having not opted to participate in the Mortgage Foreclosure Diversion Program, IT IS HEREBY ORDERED that the stay imposed by the Mortgage Foreclosure Diversion Program be lifted and Plaintiff may proceed with its mortgage foreclosure action. BY THE COURT: J. �c .s M CO C_._ M Fri; �r w c:> r C7 D r C,-ri C. co CD MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACTION LAW AMY J.BOYA, NO. 13-2943 DEFENDANT(S) MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) AMY J. BOYA for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance $67,266.99 Interest $2,687.02 ! C:) Per diem of$11.06 From 10/01/2012 �-; :2--- To 06/01/2013C' kn f Accumulated Late Charges $269.94 ' Late Charges $75.00 (per month to 06/01/2013) Escrow Deficit $248.45 5%Attorney's Commission $3,363.35 TOTAL $73,413.85 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG &HALLE By Leon P a ler PA I.D. # 15700 17 orth Front Street Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA Vs. CIVIL ACTION LAW NO. 13-2943 AMY J.BOYA, DEFENDANT(S) IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 1 hereby certify that on July 25, 2013 1 served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. C-- B ,2 r- Leon P. Halle I.D. # 15700 Attorney for Plaintiff ---4� Purcell, Krug&Haller r. :,.-11,; 1719 North Front Street C) Harrisburg,PA 17102 C- CD MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 13-2943 AMY J. BOYA Defendant CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: July 25,2013 TO: AMY J. BOYA 400 BRACKNELL ARCH UNIT K CHESAPEAKE, VA 23320 AMY J. BOYA 159 FAITH CIRCLE CARLISLE, PA 17013 THIS LAW 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 PURCELL, UG&HALLER By LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St.,Harrisburg, PA 17102 (717)234-4178 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION LAW NO. 13-2943 AMY J.BOYA, DEFENDANT C _ IN MORTGAGE FORECLOSURE -v p 2 -10' CD--n 3;1 r'3 ;t AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN I,LEON P. HALLER, Attorney for the Plaintiff in the above matter,being duly sworn according to law, hereby certify that the Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners'Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. Sworn to and subscribed before me this day of 201 LEO LEI, ESQUIRE r Notary blic S ASYLIFANIA O TARILSEAL FERRE pub:c b n C0u on Twp•,T u p MY sion Expires Aug.8,2014 t > MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION LAW NO. 13-2943 AMY J.BOYA, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on . J. -20/3 the following judgment has been entered against you in the above-captioned matter: $73,156.83 and for the sale and foreclosure of your property located at: 159 FAITH CIRCLE CARLISLE, PA 17013 Dated: August 12, 2013 O ARY Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P.No. 236 AMY J. BOYA 400 BRACKNELL ARCH UNIT K CHESAPEAKE, VA 23320 f t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION-LAW AT NO. 13-2943 MIDFIRST BANK, Total Judgment Amount $73,156.83 PLAINTIFF Interest $2,056.73 Per diem of$11.06 to sale vs. date 12/4/2013 Late Charges $86.34 AMY J.BOYA, per month to sale date DEFENDANT(S) 12/4/2013 Escrow Deficit $1,790.73 TOTAL WRIT $77,090.63 *Plus additional interest,late charges and other costs to date of sheriffs sale. SALE DATE:Wednesday,December 04,2013 (PROTHONOTARY'S USE) Pltf.Paid Deft.Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION-MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: August 12,2013 r-nuO U7 � { Attorney for Plaintiff M M x-- 1719 North Front Street Le alter rT1 Harrisburg,PA 17102 A LD,#1 5700 -< ' ° (717)234-4178 �z Y c: WRIT OF EXECUTION-MORTGAGE FORECLOSURE y, ? '' COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case,you are directed to levy upon and sell the property described in the attached description known as 159 FAITH CIRCLE CARLISLE,PA 17013 Date: PROTHONOTARY/CLERK CIVIL DIVISION �1 BY v2�s, pd ,G, ��-. ��7W fi� DEPUTY ,5'Y. 3q , '493 .? .� - s-D u--- ALL THAT CERTAIN parcel of land situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania,being known and designated as Lot No. 103 on the Plan of Kingsbrook, Section 4, as recorded in Cumberland County Plan Book 28, Page 148, containing 50 feet along the West, along Faith Circle; containing 150 feet along the North, along Lot No. 102 on said Plan; containing 50 feet along the East, along land now or formerly of Hooke, Lebo &Hooke, as shown on said Plan and containing 150 feet along the South along Lot No. 104 on said Plan and containing 7,500.00 square feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 159 FAITH CIRCLE CARLISLE, PA 17013 TAX PARCEL NO. 29-14-0868-100 BEING THE SAME PREMISES WHICH John J. Picca and Mary C. Picca,husband and wife,by deed dated 12130197 and recorded 07118/98 in Cumberland County Record Book 179,Page 598,granted and conveyed unto Amy J. Boya. TO BE SOLD AS THE PROPERTY OF AMY J. BOYA ON JUDGMENT NO. 13-2943 *i MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA Vs. CIVIL ACTION LAW NO. 13-2943 AMY J.BOYA, DEFENDANT IN MORTGAGE FORECLOSURE } NON-MILITARY AFFIDAVIT aM rn � C5 COMMONWEALTH OF PENNSYLVANIA SS C-- COUNTY OF DAUPHIN ca E' Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendants above named are not on active duty in the Military Service nor engaged in any way which would bring them within the Servicemembers' Civil Relief Act. A copy of the search through the Defense Manpower Data Center website is attached. Sworn to and subscribed before e this day of 20 / P. HALLER, ESQUIRE otary Public ' IH� g-jLVANIA �!OTARIAL SEAL MARYLAND K.FERRETTI,Notary Public Lower Paxton Twp.,Dauphin County My Commission Expires Aug.8,2014 Department of Defense Manpower Data Center Results as of:Aug-14.2013 05:48:49 SCRA 3.0 ;i 'Staff Kart Pursuant to S "ice-ml a Civi].ReliefAot, Last Name: BOYA First Name: AMY Middle Name: J Active Duty Status As Of: Aug-14-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA . : NA - - No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Almt A 444-_44 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 ,AX - W The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 04X1 UD01 F05D000 p,l q Y MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION LAW NO. 13-2943 AMY J.BOYA, DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed,the following information concerning the real property located at 159 FAITH CIRCLE CARLISLE,PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): AMY J. BOYA 400 BRACKNELL ARCH UNIT K m r n r= CHESAPEAKE, VA 23320 cc„r- 1 -t CD c; AMY J. BOYA 159 FAITH CIRCLE CARLISLE PA 17013 i' '�� 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in(1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Navy Federal Credit Union P. O. Box 3327 Merrifield, VA 22119 5. Name and address of every other person who has any record lien on the property: UNKNOWN r v � 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 159 FAITH CIRCLE CARLISLE, PA 17013 NATHAN BOYA 159 FAITH CIRCLE CARLISLE, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, 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. Leon aver PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:August 12, 2013 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACTION LAW NO. 13-2943 AMY J.BOYA, IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1, : MCO TAKE NOTICE: -3-M M That the Sheriffs Sale of Real Property(real estate)will be held: C) DATE: Wednesday,December 04,2013 =c::) LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property,together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 159 FAITH CIRCLE CARLISLE,PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 13-2943 JUDGMENT AMOUNT$73,156.83 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: AMY J. BOYA , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL,KRUG &HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN parcel of land situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania,being known and designated as Lot No. 103 on the Plan.of Kingsbrook, Section 4, as recorded in Cumberland County Plan Book 28, Page 148, containing 50 feet along the West, along Faith Circle; containing 150 feet along the North, along Lot No. 102 on said Plan; containing 50 feet along the East, along land now or formerly of Hooke, Lebo &Hooke, as shown on said Plan and containing 150 feet along the South along Lot No. 104 on said Plan and containing 7,500.00 square feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 159 FAITH CIRCLE CARLISLE, PA 17013 TAX PARCEL NO. 29-14-0868-100 BEING THE SAME PREMISES WHICH John J.Picca and Mary C. Picca,husband and wife,by deed dated 12/30/97 and recorded 07/18/98 in Cumberland County Record Book 179,Page 598,granted and conveyed unto Amy J. Boya. TO BE SOLD AS THE PROPERTY OF AMY J.BOYA ON JUDGMENT NO. 13-2943 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2013-2943 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due Midfirst Bank Plaintiff(s) From Amy J.Boya (1) You are directed to levy upon the property of the defendant(s)and to sell see legal description. You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$73,156.83 Plaintiff Paid$ Interest$2,056.73 Per them of$11.06 to sale date 12/4/2013 Attorney's Comm, % Law Library$.50 Attorney Paid$ Due Prothonotary$2.25 Other Costs$Late Charges $86.34 per month to sale date 12/4/13 Escrow Deficit $1,790.73 *Plus additional interest,late charges and other costs to date of sheriffs sale. Dec.4,2013 Date:Sept.3,2013 D �Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name : Leon P.Haller,Esq. Address: 1719 North Front St. Harrisburg,PA 17102 Attorney for:Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 MIllFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION LAW NO. 13-2943 AMY J.BOYA, DEFENDANT(S) IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on q 1111aa)3 , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: AMY J. BOYA 400 BRACKNELL ARCH UNIT K CHESAPEAKE, VA 23320 r, C AMY J. BOYA Zr3 Z 159 FAITH CIRCLE CARLISLE, PA 17013 f- NATHAN BOYA 159 FAITH CIRCLE CARLISLE, PA 17013 Navy Federal Credit Union P. O. Box 3327 Merrifield, VA 22119 DOMESTIC RELATIONS ` Cumberland County Courthouse c 13 North Hanover Street ` Carlisle, PA 17013 TENANT/OCCUPANT % - 159 FAITH CIRCLE CARLISLE, PA 17013 By PURCELL, &HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 LAW OFFICES,Q� 1719 NORTH FRONT STREET HOWARD B.KRUG HARRISBURG,PENNSYLVANIA 17102-2392 HERSHEY LEON P.HALLER TELEPHONE(717)234-4178 (717)533-3836 JOHN W.PURCELL JR. FAX(717)234-1206 JILL M.WINEKA LISA RYNARD AMY J. BOYA 400 BRACKNELL ARCH UNIT K CHESAPEAKE,VA 23320 AMY J. BOYA 159 FAITH CIRCLE CARLISLE, PA 17013 NATHAN BOYA 159 FAITH CIRCLE CARLISLE,PA 17013 Navy Federal Credit Union P. O. Box 3327 Merrifield,VA 22119 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 159 FAITH CIRCLE CARLISLE,PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages,judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any,by being notified of sa' eriffs Sale. By: Leo - . aller PA 113.15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION LAW NO. 13-2943 AMY J. BOYA, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate)will be held: DATE: Wednesday,December 04,2013 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 159 FAITH CIRCLE CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 13-2943 JUDGMENT AMOUNT $73,156.83 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: AMY J. BOYA A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN parcel of land situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, being known and designated as Lot No. 103 on the Plan of Kingsbrook, Section 4, as recorded in Cumberland County Plan Book 28, Page 148, containing 50 feet along the West, along Faith Circle; containing 150 feet along -- -North, along Lot No. 102 on said Plan; containing 50 feet along the East, along land now or formerl of Hooke, Lebo & Hooke, as shown on said Plan and containing 150 feet along the South along Lot No. 104 on said Plan and containing 7,500.00 square feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 159 FAITH CIRCLE CARLISLE, PA 17013 TAX PARCEL NO. 29-14-0868-100 BEING THE SAME PREMISES WHICH John J. Picca and Mary C. Picca,husband and wife, by deed dated 12/30/97 and recorded 07/18/98 in Cumberland County Record Book 179, Page 598, granted and conveyed unto Amy J. Boya. TO BE SOLD AS THE PROPERTY OF AMY J. BOYA ON JUDGMENT NO. 13-2943 ---------- ------- 2. Article Numbw A. i (Plasma Print y) B. Date of Delivery h. C. Signature ❑Agent 7196 9008 9111 9610 0033 X 0 Addressee D. Is delivery address diflerent fro em 1? [J yes If YES,enter delivery address below: [�No 3. Service ype CERTIFIED MAILTM SEPT 9 2013 4. Restri ad Delivery?(Extra Fee) Yes 1. Articl Addressed to: _ NATE N BOVA. 159F:AFHCIRCLE CARLISLE, PA 17013 NOS 12/04/13 M02090/39985 PS Form 3811,January 2005 Domestic Return Receipt ^ - ----- -- 2. Article Nurribw A Received Please ftw Ctewly) B. Date of Delivery 2S C. Sig lure 7196 9008 9111 9610 1771 X ❑Agent Addressee D. Is ivery addr eren item t? ❑yes elivery ow: ❑No 3• Service Type CERTIFIED MAILTM may; Flestrieted Delivery?(Extra Fee) Yes p L t Article Addressed to: AMY J. BOYA 400 BRACKNELL ARCH �,HtSgp ,a UNIT K -00 CHESAPEAKE, VA 23320 c s G a NOS 12/04/13 1'v102090/399i5 PS Form 3811,January 2005 Domestic Return Receipt 7196 9008 9111 9610 0033 7196 9006 9111 9610 0040 TO: NATHAN BOYA { TO: AMY J.BOYA i 159 FAITH CIRCLE 159 FAITH CIRCLE CARLISLE,PA 17013 CARLISLE,PA 17013 i f i SENDER: M02090/39985 SENDER: M02090/39985 REFERENCE: NOS 12/04/13 REFERENCE: NOS 12/04/13 i PS Form 3800 January 2005 " i PS 1103800 January § RETURN Postage RETURN Postage "' "------- RECEIPT Certified Fee RECEIPT 3 SERVICE .10 Certified Fee SERVICE Return Receipt Fee 3.10 2.55 Return Receipt Fee Restricted Delnre 2.55 rY 4.75 Restricted nelivery Total Postage&Fees Q�—J Total Postage&Fees — 4.75 d USPSO POSTMARWQ i`iYATk USPSO POSTMARK OR DATE I Receipt for Receipt for Certified Mail" o > Certified Mail'" i f No Insurance Coverrtp Provided -Ld ".1 /.. No Insurance Cow►ap Pmk t Do Not Use for kMSrnetlorpf AAsll Do Not tJN for ktbrnstlaw AAaI 4> 7196 9006 9111 9610 1771 TO: AMY J.BOYA 400 BRACKNELL ARCH UNIT K CHESAPEAKE,VA 23320 SENDER: M02090/39985 REFERENCE: NOS 12/04/13 PS Form 3800 Janua 2005 _ RETURN Postage RECEIPT Certified Fee 66 s SERVICE 3.10 Return Receipt Fee _ 2.55 Restricted Delivery 4.75 Total Postage&Fees 0 USPV POSTMARKPA_jDAT-& Receipt for Certified Mail° P' r No o Not use for M" D N .'``� MIDLAND MORTGAGE,a division of MidFirst Bank v. AMY J. BOYA Cumberland County Sale 12/4/2013 U.S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: AMY J. BOYA 400 BRACKNELL ARCH UNIT K CHESAPEAKE,VA 23320 U.S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: AMY J. BOYA 159 FAITH CIRCLE CARLISLE, PA 17013 U. S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle,PA 17013 \gEs P sJ IS ? virtiFY &OWES 02 1M. $ 01.200 0004284324 SEP18 2013 MAILED FROM ZIP CODE 1 710 2 MIDLAND MORTGAGE,a division of MidFirst Bank v.AMY J. BOYA Cumberland County Sale 12/4/2013 U.S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 159 FAITH CIRCLE CARLISLE,PA 17013 U.S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: NATHAN BOYA 159 FAITH CIRCLE CARLISLE, PA 17013 U. S.POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell,Krug&Haller Postage: 1719 North Front Street Harrisburg,PA 17102 One piece of ordinary mail addressed to: Postmark: Navy Federal Credit Union P. O. Box 3327 Merrifield, VA 22119 ,b- SesPON F Z d • wNEY Bowes 02 1M $ 01.200 0004284324 SEP18 2013 MAILED FROM ZIP CODE 1 710 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff � �r nt Gran&rr�� ' Jody S Smith �r � A4 Chief Deputy Richard W Stewart � �' �� ,f r1 Solicitor OFF S CF THE SHERIFF ;� Midfirst Bank vs. Case Number Amy Boya 2013-2943 SHERIFF'S RETURN OF SERVICE 10/02/2013 02:15 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 159 Faith Circle, North Middleton -Township, Carlisle, PA 17013, Cumberland County. 10/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Amy Boya, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 159 Faith Circle, Carlisle, PA 17013, defendant no longer resides at address stated, current resident and adult son of defendant stated that he was not aware of mothers address, believed to have moved to Virginia. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Leon Haller, on behalf of The Secretary of Veterans Affairs of Washington, D.C., being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $782.05 SO ANSWERS, g. .2( January 10, 2014 RONR ANDERSON, SHERIFF y•0.0ri- a•as' ed. a. . sv ;boos'/F �cunlySuite Sheriff,Teieosoft Inc. COPY MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION LAW NO. 13-2943 AMY J.BOYA, DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug&Haller, sets forth as of the date the praecipe for the writ of execution was filed,the following information concerning the real property located at 159 FAITH CIRCLE CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): AMY J. BOYA 400 BRACKNELL ARCH UNIT K CHESAPEAKE, VA 23320 AMY J. BOYA 159 FAITH CIRCLE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN(AND ANY OTHERS AS NOTED BELOW): Navy Federal Credit Union P. O. Box 3327 Merrifield, VA 22119 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 159 FAITH CIRCLE CARLISLE, PA 17013 NATHAN BOYA 159 FAITH CIRCLE CARLISLE, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, 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. Leon F ' . er PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:August 12, 2013 • MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION LAW NO. 13-2943 AMY J.BOYA, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property(real estate) will be held: DATE: Wednesday,December 04,2013 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 159 FAITH CIRCLE CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 13-2943 JUDGMENT AMOUNT $73,156.83 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: AMY J. BOYA A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG& HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 • ALL THAT CERTAIN parcel of land situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, being known and designated as Lot No. 103 on the Plan of Kingsbrook, Section 4, as recorded in Cumberland County Plan Book 28, Page 148, containing 50 feet along the West, along Faith Circle; containing 150 feet along the North, along Lot No. 102 on said Plan; containing 50 feet along the East, along land now or formerly of Hooke, Lebo &Hooke, as shown on said Plan and containing 150 feet along the South along Lot No. 104 on said Plan and containing 7,500.00 square feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 159 FAITH CIRCLE CARLISLE, PA 17013 TAX PARCEL NO. 29-14-0868-100 BEING THE SAME PREMISES WHICH John J. Picca and Mary C. Picca,husband and wife,by deed dated 12/30/97 and recorded 07/18/98 in Cumberland County Record Book 179,Page 598, granted and conveyed unto Amy J. Boya. TO BE SOLD AS THE PROPERTY OF AMY J.BOYA ON JUDGMENT NO. 13-2943 WRIT OF EXECUTION and/or ATTACHMENT 'COMMONWEALTH OF PENNSYLVANIA) NO 2013-2943 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Midfirst Bank Plaintiff(s) From Amy J. Boya (1) You are directed to levy upon the property of the defendant(s)and to sell see legal description. You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$73,156.83 Plaintiff Paid$ Interest$2,056.73 Per diem of$11.06 to sale date 12/4/2013 Attorney's Comm. % Law Library$.50 Attorney Paid$ Due Prothonotary$2.25 Other Costs$Late Charges $86.34 - per month to sale date 12/4/13 Escrow Deficit $1,790.73 *Plus additional interest,late charges and other costs to date of sheriffs sale. Dec.4,2013 1 Date: Sept.3,2013 I David D. Buell,Prothonotary By: Deputy REQUESTING PARTY: Name : Leon P. Haller,Esq. Address: 1719 North Front St. TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand Harrisburg,PA 17102 and the seal of said Court at Carlisle, Pa. Attorney for: Plaintiff This v' day of; 20 %' Prothonotary Telephone: 717-234-4178 yy /// (y 9/ Supreme Court ID No. 15700 • • LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-2943 Civil Term MIDFIRST BANK vs. AMY BOYA Atty.:Leon P.Haller ALL THAT CERTAIN parcel of land situate in the Township of North Middleton, Cumberland County, Pennsylvania, being Lot No. 103 on the Plan of Kingsbrook, Section 4, Cumberland County Plan Book 28, Page 148, containing 7,500.00 square feet, and having thereon erected a dwelling known as: 159 FAITH CIRCLE CARLISLE,PA 17013. TAX PARCEL NO. 29-14-0868- 100. Reference Cumberland County Record Book 179,Page 598. TO BE SOLD AS THE PROPERTY OF AMY J. BOYA ON JUDGMENT NO. 13-2943. 26 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lis Marie Coyne, Edi r SWORN O AND SUBSCRIBED before me this 5 da of October 2013 • Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy be patriot*Xews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 10/13/13 2013-2943 M Tom '47/ 10/20/13 AMY BOYA �/� i" V 10/27/13 Any: Leon P.Haller ALL THAT CERTAIN parcel of land situate in the lbwnship,of North Middleton, [ /, , . • Cumberland County,Pennsylvania,being Lot No.103 on the Plan of Kingsbrook,Section 4, Cumberland County Plan Book 28,Page 14S, containing 7,500.00-Nuaie feet,and having Sworn to = d subscribed before me this 11 day of November, 2013 A.D. thereon ensen:d a dm**known as: 159 FAITH CIRCLE CARI;TSt.$,FA 17013 TAX Mira NO. -1401158-1430 .tbk 1 cumbet c y Ord • — — — a'ub lc 1 TO BE SOIL AS'WE PROPERLY OF AMY J.BOYA ON.JUDGMENT NO.13- 2943 COMMONWEALTH OF PENNSYLVANIA r..±.?rizi Se al Holly Lynn 4 43,? 9,Notary Public Washington I'p,,t�auphln County M Commission Expires Dec.12,2016 EMS,PENNSYLVANIA OCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs of Washington, DC is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 3rd day of September, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2943, at the suit of MidFirst Bank against Amy J. Boya is duly recorded as Instrument Number 201401146. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /3 day of JCV) , A.D. JDlc f 0 ,�./t�`,�� ( DDC CiF Recorder o1Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018