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HomeMy WebLinkAbout14-2954 Supreme Coof %0 _1F nnsylvania COU 'r�7ir_.din maleas For Prothonotary Use Only: Ceet Docket No: �<. CULAND CountyU4A.A© f 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 bylaw or rules of court. Commencement of Action: Complaint Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking 'E, Lead Plaintiffs Name: Lead Defendant's Name: '-C-' MIDFIRST BARK T;T DOL Dollar Amount Requested: Owithin arbitration limits Are money damages requested? 0 Yes U No (check one) f3outside arbitration limits Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes El No Name of Plaintiff/Appellant'sAttorney: Leon P. Haller / Jill M. Wineka n Check here if you have no attorney(are a Self-Represented [Pro Se]Litigant) .5, Nature of the Case: Place an.'X':tbAie left ofthe.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 El Intentional Q Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card Board of Assessment Motor Vehicle Debt Collection:Other Board of Elections Nuisance [ Dept.of Transportation Premises Liability El Statutory Appeal:Other Product Liability(does not include Employment Dispute: ' mass tort) Discrimination Slander/Libel/Defamation Employment Dispute:Other Zoning Board Other: 0 Other: I' Other: MASS TORT Asbestos N' Tobacco D Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Other: E3 Ejectment [3 Common Law/Statutory Arbitration Eminent Domain/Condemnation 0 Declaratory Judgment El Ground Rent 0 Mandamus Landlord/Tenant Dispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto Dental Partition0 Replevin Legal [ Quiet Title 0 Other: [] Medical Other: Other Professional: Updated 111/2011 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LAW DOLORES A. WHITCOMB AND THE ACTION OF MORTGAGE FORECLOSURE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendants 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 DOLORES A. WHITCOMB AND THE ACTION OF MORTGAGE FORECLOSURE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff is MIDFIRST BANK, a Federally Chartered Savings Association, whose address is 999 N.W. GRAND BOULEVARD, OKLAHOMA CITY, OK 73118. 2. The Defendant, DOLORES A. WHITCOMB, is an adult individual whose last known address is 28 FIELDCREST DRIVE, MECHANICSBURG, PA 17050. 3.. Defendant, THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT (hereinafter referred to as HUD), is an instrumentality of the United States of America with an address of 451 SEVENTH STREET, SW, WASHINGTON, DC 20410. 4. HUD holds a Mortgage against the below property pursuant to Mortgage dated August 7, 2013 and recorded December 2, 2013 as Instrument Number 201338191 in the amount of$1,139.85. A copy of said Mortgage is attached hereto as Exhibit "A". 5. On or about, January 26, 2006, the Defendant and James C. Whitcomb executed and delivered a Mortgage Note in the sum of$110,569.00 payable to SLM FINANCIAL CORPORATION d/b/a SALLIE MAE HOME LOANS, which Note is attached hereto and marked Exhibit"B". 6. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same,the Defendant and James C. Whitcomb made, executed, and delivered to Mortgage Electronic Registration Systems, Inc. as Nominee for SLM Financial Corporation d/b/a Sallie Mae Home Loans, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on February 9, 2006 in Mortgage Book 1939, Page 4724 conveying to original Mortgagee the subject premises. On August 7, 2013,the Plaintiff and Mortgage Electronic Registration Systems, Inc. as Nominee for the Plaintiff, the Defendant and James C. Whitcomb executed a Loan Modification Agreement changing the amount of the Unpaid Principal Balance to $98,095.73, changing the monthly payment amount, changing the Maturity Date and changing the Interest Rate to 4%. The Loan Modification Agreement was recorded September 25, 2013 as Instrument Number 201331625. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for recording, which Assignment is attached hereto and marked Exhibit"C". The said Mortgage and Loan Modification Agreement are incorporated herein by reference. 7. The land subject to the Mortgage is: 28 FIELDCREST DRIVE, MECHANICSBURG, PA 17050 and is more particularly described in Exhibit"D" attached hereto. 8. James C. Whitcomb died on September 29, 2013 and upon his death, title to the subject premises vested in his wife, Dolores A. Whitcomb, by operation of law. James C. Whitcomb and his Estate are not named as party Defendants in this action and are released from liability under the terms of the Note and Mortgage in accordance with P.R.C.P. No. 1144. The Defendants are the real owners of the property. 9. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on November 01, 2013 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $97,812.59 Interest at $10.72 per day $2,604.75 From 10/01/2013 To 06/01/2014 (based on contract rate of 4.0000%) Accumulated Late Charges $112.38 Good through 05/09/2014 Escrow Deficit $101.48 Corporate Advance $75.00 Attorney's Fee at 5% of Principal Balance $4,890.63 TOTAL $105,596.83 "Together with interest at the per diem rate noted above after June 01, 2014 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. 10. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letter dated March 14, 2014 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the March 14, 2014 Act 6 Notice is attached hereto and marked Exhibit "E". 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 12. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. A copy of the website report from the Department of Defense Manpower Data Center, confirming non-active military duty is attached as Exhibit"F". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 4.0000% ($10.72 per diem), together with other charges and costs including escrow advances incidental thereto to the date of heriff's Sale and for foreclosure and sale of the property within described. By: PURCELL,KRUG & HALLER Leon P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) M01WR IMF]OR 53d3 D I 003470 When recorded mail to:#:6454608 First American Title JUJU 111111111 ll Loss Mitigation Title Services 1348.1 P.O. Box 27670 Santa Ana,CA 92799 RE:WHITCOMB-PC REC SVC Document Prepared by: (> Austin Cagle Midland Mortgage-A Division of MidFirst Bank 999 N.W. Grand Boulevard, Suite 100 Oklahoma City, OK 73118-6116 1n-800-552-30®00 FHA Case Number:441-7752902703 SUBORDINATE MORTGAGE THIS SUBORDINATE MORTGAGE ("Security Instrument') is given on August 7, 2013. The mortgagors are JAMES C WHITCOMB & DOLORES A WHITCOMB ('Borrower'). This Security Instrument is given to the Secretary of Housing and Urban Development, which is organized and existing under the laws of the United States of America, and whose address is 451 Seventh Street, SW, Washington, DC 20410 ('Lender'). Borrower owes Lender the principal sum of one-thousand-one-hundred-thirty-nine dollars and eighty-five cents (US $1,139.85). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note'), which provides for the full debt, if not paid earlier, due and payable on 811/2043. This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums advanced to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this Page 1 of the Subordinate Mortgage BcArower Initial Lines W Please add the appropriate number of initial lines each signatory over 4 ' MMMPP IMr IMS3d3 •purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: See Exhibit"A" attached hereto and made a part hereof. Being the same property conveyed to JAMES C. WHITCOMB AND DOLORES A. WHITCOMB by Deed recorded JANUARY 4, 2000 and recorded in Book 214 on Page 428 in CUMBERLAND County, Pennsylvania Tax ID#38230571095 which has the address of: 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050(°Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument_ All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal. Borrower shall pay when due the principal of the debt evidenced by the Note_ 2. Borrower Not Released: Forbearance by Lender Not a Waiver. Extension of the time of payment of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest. Any forbearance by Lender in Page 2 of the Subordinate Mortgage Borrower Initial Lines MA 'Please add Use appropriate number of initial line each signatory over 4 MIM MPR 108 L IOU 53x13 exercising any right of remedy shall not be a waiver of or preclude the exercise of any right or remedy. 3. Successors and Assigns Bound; Joint and Several Liability: Co-signers- The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the note without that Borrower's consent. 4. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to: Department of Housing and Urban Development, Attn: Single Family Notes Branch, 451 Seventh Street, SW, Washington, DC 20410 or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 5. Governing Law: Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end, the provisions of the Security Instrument and the Note are declared to be severable. 6. Borrower's Cot)v. Borrower shall be given one conformed copy of the Note of this Security Instrument. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 7. Acceleration: Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to Page 3 of the Subordinate Mortgage BQrrower Initial lines Please add the appropriate number of initial line or each s ory over 4 NDLWR 108E IMS.I.a acceleration under Section 3 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a)the default; (b)the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by the Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default if not cured as specified, Lender at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 7, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under the paragraph 7 of the Subordinate Note, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 USG 3571 et se by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to Lender under this paragraph or applicable law. 8. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 9. Waivers. Borrower,to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument and hereby waives.the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 10.Reinstatement Period. Borrower's time to reinstate shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 11. Purchase Money Mort a e. Page 4 of the Subordinate Mortgage Borrower Initial Lines 'Please add the appropriate number of initial lin&Ar each signatoryover 4 4 -P R Mt 108 S3d3 If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 12.Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Page 5 of the Subordinate Mortgage BQrrower Initial Lines `Please add the appropriate number of Initial lin or each signatory over 4 M MPN 108E 1085303 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. IN WITNESS WHEREOF, Borrower has executed this Security Instrument. BORROWER a ` /—a &fAMES C WHITCOMB Date 'OA�L DOLORES A WHITCOMB Date Acknowledgement STATE OF Pennsylvania } SS: COUNTY OF CUMBERLAND ) On the ,20� -L3, before me,the undersigned, a notary public in and for said state, personally appeated JAMES C WHITCOMB & DOLORES A WHITCOMB, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s)acted,executed the instrument. In witness whereof, I hereunto set my hand and official seal. (55 County of Residence: C?4k-���'_u✓�JJ ubli r Commission Number: Printed name of notary My Commission Expires:- f f + .• A��F;'`¢ COMMONWEALTH OF PENNSYLVANIA Notarial Seal t g` Judith A.Walter,Notary Public Upper Mlen Twp.,Cumberland County .�. My Commission Expires May 14,2014 SMember.Pennsylvania Assoaadon of Notarses •t'•::;,;�:.bjp(i.!`•. 'ski' Page 6 of the Subordinate Mortgage • M wRIOSf IO35303 Exhibit "A" • BEGINNING AT A POINT ON THE WESTERN SIDE OF FIELDCREST DRIVE AT THE DIVIDING LINE BETWEEN LOTS NOS. D-10 AND D-11 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS;THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS NOS. D-10 AND D-11, SOUTH 71 DEGREES WEST,A DISTANCE OF 125 FEET TO A POINT AT LANDS NOW OR FORMERLY OF OSCAR F.AND PAULINE M. SHAFER;THENCE ALONG SAID LATTER LANDS NORTH 19 DEGREES WEST, A DISTANCE OF 36 FEET TO A POINT A THE DIVIDING LINE BETWEEN LOTS NOS. D-10 AND D-9 AS SHOWN ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID DIVIDING LINE BETWEEN LOTS NOS. D-10 AND D-9, NORTH 71 DEGREES EAST, A DISTANCE OF 125 FEET TO A POINT ON THE WESTERN SIDE OF FIELDCREST DRIVE;THENCE ALONG THE WESTERN SIDE OF FIELDCREST DRIVE; SOUTH 19 DEGREES EAST, A DISTANCE OF 36 FEET TO A POINT ON THE SAME AT THE DIVIDING LINE BETWEEN LOTS NOS. D- 10 AND D-11 AS SHOWN ON THE PLAN OF LOTS HEREINAFTER MENTIONED, THE PLACE OF BEGINNING.BEING LOT NO. D-10 AS SHOWN ON PAGE 110A OF A CERTAIN SUBDIVISION PLAN OF LOTS ENTITLED 'FINAL SUBDIVISION PLAT FOR WESTFIELDS° AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 54, PAGE 110 ET. SEQ., SAID PLAN HAVING BEEN RE-RECORDED FROM PLAN BOOK 52, PAGE 139. Page 7 of the Subordinate Mortgage MXMP R tieE 10853of3 Midland:Mortgage A Division of MidFirst Bank P.O.Boz 268806. Oklahoma City, OK 73126 Tel:800.5S2.3000- Fax:405.767.5815*MyMidland lorteage.com Certificate of Residence do hereby certify that the correct address of the within-named mortgagee is 451 SeveAth Street,SW Washington,DC 20410.)) Witness my hand this day of U U ,200. A f rtcAeG Loan iD:6768 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 _ a Instrument Number-201338191 Recorded On 12/2/2013 At 10:09:06 AM *Total Pages-9 *Instrument Type-MORTGAGE Invoice Number-152311 User ID-KW *Mortgagor-WHITCOMB,JAMES C *Mortgagee-HOUSING&URBAN DEV SEC *Customer-FIRST AMERICAN TITLE CO FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $19.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $75.00 I Certify this to be recorded in Cumberland County PA cur t v RECORDER O DEDS r�so *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. J + 10030I7D+I f I 1� G f + NOTE 1(�Y A L FITC LOAN #i:s 8570512031 CASE #: 4,117752902703 - I MIN: 140091000000030849 JANUARY 26, 12006 NEW CU11BERLAND PENNSYLVANIA ! [Date] I [City] [State] 28 FIELDCREST DRIVE, MECHANICSBURG, PA 17050 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's,successors and assigns. "Lender"means SLM FINANCIAL CORPORATION i i and its successors and assigns. 2. BORROWER'S PROMISE TO PAY;INTEREST In return for a loan received from Lender,Borrower promises to pay the principal sum of ONE HUNDRED ;TEN THOUSAND FIVE HUNDRED SIXTY-NINE AND 00/100 Dollars(U.S.$ 110,569.00 ), plus interest, to the order of Lender. Interest will. be charged on unpaid principal,from the date of disbursement of the loan proceeds by Lender,at the rate of SIX Pt,Tcent( 6.000 %) per year until the full amount of principal has been paid 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar se-,urity instrument that is dated the same date as this Note and called the"Security Instrument."That Security Instrument protects the Lender from losses whic14 might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the 1ST day of each month beginning on MARCH 1, 2006 Any principal and interest remainin,3 on the 1ST day of FEBRUARY, 2036 ,will be due on that date,which is called the"Maturity Date!. I (B) Place Payment(shall be made at 6000 COMMERCE PARKWAY STE A. , MT. LAUREL, NJ 09054 1 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of S 662.9:: This amount will be part of a larger monthly payment required by the Security Instrument, that shall'be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were at part of this Note. [Check applicable box] ❑Graduated Payment AIIonge 0 Growing Equity Allonge ❑Other[Specify] DOCUFFAI I Paget of3 FHA Multistate Fixed Rate Note— 12/01 0ocvrvri.v:x 02/25/2005 (b( /1f i I 8570512031 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in.part, without charge or penalty,on the fist day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment,there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. I 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security in;.trument, as described in Paragraph 4(C)of this Note,by the end of fifteen calendar days after the payment is due,I•ender may collect a late charge in the amotunt of FOUR percent(4.000 %) of the overdue amount of each payment. i (B) Default ' If Borrower defaults by failing to pay in full any monthly payment,then Lender may,except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment: in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to'require immediate payment in full in the case of payment defaults.This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full,as described above,Lender may require Borrower to pay costs and expenses including reasonable and customary attorney's fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor."Presentment"means the right to require Lender to demand payment of;amounts due. "Notice of dishonor"means ti a right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of tha+:different address. I � I I I I I nOCUFFA2 I Page 2 of 3 FHA Multistate Fixed Rate Note — 12/01 OOClTFM.... ......2005 i 1 II i i y . 8570512031 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more'than one person signs this Note, each person is fully and personally obi.igated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the zmounts owed under this Note. I BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants cantained in this Note. I BORROWER/�7A�E C WHITCOMB - DATE - I • BORROWER ;- DOLORES A WHITCCMB - DATE - I , I I . I I I I 4 t f I [Sign Original Only] I i 4 I I DOCUFFA3 I Page 3 of 3 FHA Multistate Fixed Rate Note — t 2MI DOWMA3.V= 02/25/2005 1 i i { : ALLONGE TO NOTE Loan Number: Borrower Name(s): Property Address: LF12 Note Date: Loan Amount: c` r L � Pay to the order of: Without recourse on this �p �" day of -YaA.Gdli, a)k SLM �`nanG�a( CosP�ra.�`G�c� Y: oannon ni Seent i Prepared by and Return to: Unice Allen MidFirst Bank Attn:Documentation 2401 N.W.23rd St.,Suite 2A i i Oklahoma City,OK 73107 i Loan#54516768 ! MIN No. 100091000000030849 MERS Phone: (888)679-6377 ASSIGNMENT OF MORTGAGE i FOR VALUE RECEIVED, Mortgage Electronic Registration Systems,Inc., acting solely as nominee for SLM FINANCIAL CORPORATION DBA SALLIE MAE HOME LOANS, its successors and assigns, 1901 E. j Voorhees Street, Suite C, Danville, IL 61834; P.O. Box 2026, Flint, MI 48501-2026, (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 01/26/2006, executed by James C. Whitcomb and Delores A.Whitcomb, married, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for SLM FINANCIAL CORPORATION DBA SALLIE MAE HOME LOANS,recorded on 02/09/2006, in Book 1939,Page 4724,modified on 08/07/2013, recorded as Instrument No. 201331625, on 09/25/2013, in the Office of the Recorder,Cumberland County, State of Pennsylvania,and covers the following real property and all improvements: Mortgage Amount: $1.10,569.00 Property Address:28 Fieldcrest Drive,Mechanicsburg,PA 17050 Parcel Number:38-23-0571-095 Legal Description:See Attached for Legal Description. i In Witness Whereof, the undersigned corporation has caused this instrument to be executed g rp —day of i ATTEST: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for SLM FINANCIAL CORPORATION DBA SALLIE MAE HOME LOANS,its successors and assigns Mari Hargis Vice President i I I If c c c i i i STATE OF OKLAHOMA COUNTY OF OKLAHOMA On this Itday of 1 2014, before me, a Notary Public, in and for said county, personally appeared Maria Hargis, to A personally known, who being by me duly sworn did say that he/she is the Vice President of Mortgage EIectronic Registration Systems,Inc.,acting solely as nominee for SLM FINANCIAL CORPORATION DBA SALLIE MAE HOME LOANS, 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 testimony whereof,I have hereunto set my hand and official seal this day of ,2014. I i Carol arber Notary Public aq"-- W° My Commission Expires: 3/11/2018 10002089° z * hi Op Po`� I do hereby certify that the address of the assignee is: 0OK�.��"" MidFirst Bank, 999 NW Grand Blvd., Suite 100 Oklahoma City,OK 73118 Unice Allen I I I i I ! i I I I d►T�. that. piece or parcel of real eetate,• toge with, tha LmProvemdhts thaw IRM erected, situated in. i aha Tovva04 .Of 9, VOr Spuz►q, Cod�fity of !Cv�mbe3ckand a� Covm*mwealth 6f pe�aslrlvaIdA x�ar pax,rAm l=;Ly bonrAed and ct rib&d as folies, BUMSOM at a point qn. this "Ste x�s d3c a>f Fi@1.detra t. Drive at the divLding M.itd 46twe*04. fots� gov. D--.,10a& 'D-11 8d B�lb'm est fig hegsinatter mdntio6ed Pj.An of lots, therted 4Aong said dfvx�ig lima bafir�e ?4ota VQB. 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D-�a as.ShCpn am Ta 120A of a e:az at : atxbdiv'iai ft Maxx of 3jvta CALtiedy'":nnal subdriv di.oa Plan fair weattLel-daw am ftcldvded I& the Pff P, of 'the: RWcadtd*r df a it a-CA 4FO I Cr�mberlazut C+atttyt ,:' y vats:a,: In Man Radl 64, Page '114 yet. nerd., j sand .pian harlrig bte ra-:ftoid�d frm P364'Sank 52 r Page 13$. .MAVIQG MmmoN &mem a tawiho=e style Uinq mit kn w at.. -#*bez:bd 28 Pieldcreast ,D#Va. t �V"D rm.+raei[siorrrori Z" Midland Mortgage A Divisioit of MidFirst.Bank 03/14/14 Door NiD441 R 62 E 6201 P'02 DOLORES A WHITCOMB Nyr 28 FIELDCREST DR t MECHANICSBURG PA 17050-7912 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE UNDER SECTION 403 OF PENNSYLVANIA ACT NO.6 OF 1974 RE: 28 FIELDCREST DRIVE MECHANICSBURG PA 17050 Loan Number 0054516768 Dear Borrower: The MORTGAGE held by MidFirst Bank (Lender), serviced by Midland Mortgage, on your property located at the address above IS IN SERIOUS DEFAULT because you have not made monthly payments totaling $3,135.70 for the months of 11/01/13 through 03/01/14. Late charges and other charges have also accrued to this date in the amount of$45.00.The total amount now required to cure the default(or in other words,to get caught up on your payments),as of the date of this letter,is$3,180.70. You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter, by paving to Midland Mortgage the above payment of$3,180.70—Plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cashier's check, certified check or money order,and made to Midland Mortgage at P.O Box 288888,Oklahoma City,OK 73126-8888. If you do not cure the default within THIRTY-FIVE (35) DAYS, the Lender intends to exercise its right to accelerate the mortgage payments.This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY-FIVE (35) DAYS, the Lender also Intends to instruct its attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your 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 default before before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you,you will have to pay the reasonable attorney's fees even if they are over $50..00. Any attorney's fees will be added to whatever you owe, which may also include reasonable costs. If you cure the default within the thirty-five day period, you will not be required to Pay attorney's fees. The Lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay,this letter is not an attempt to collect the debt,but any default will need to be cured to avoid foreclosure If your loan was In default at the time MidFirst Bank acquired the servicing of your loan and you have not filed bankruptcy or received a discharge of the debt secured by the Mortgage/Deed of Trust.we are required to advise you that this communication is from a debt collector,this is an attempt to collect a debt,and any information obtained will be used for that purpose Midland Mortgage Delinquency Assistance Center P 0 Box 26880G 01:1ahoma City,OK 73126.8806 Tel 1.800.552-3000 Fax 1-405-767-5815 www MyMidland Mortgage com Qualified Written Requests,Notice or Errors,Information Requests,and Credit Disputes must be sent to: P 0 Box 268959 Oklahoma City.OK 731215-8959 hW .midland Mortgage A Division of Midbi-st Ba/zk If you have not cured the default within the thirty-five 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 Sheriffs foreclosure sale You may do so by paving the total amount of the unpaid monthly payments plus any late or other charges then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale and by performing any other requirements if any,under the mortgage. It is estimated that the earliest G°°T date that such a Sheriffs sale could be held would be approximately six months from the date of this letter. A notice of the date of the Sheriff 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 at any time exactly what the required payment will be by calling Midland Mortgage at the following number: 1-800-552-3000.This payment must be made by cashier's check, certified check or money order and made payable to Midland Mortgage at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE 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 THIS DEBT.. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 ANY OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT MIDLAND MORTGAGE TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default the mortgage will be restored to the same position as if no default had occurred. However,you are not entitled to this right to cure your default more than three times In any calendar year, It is important that you call our office as soon as possible to discuss the options available to you. Our Loan Counselors may be reached toll-free at 1-800-552-3000, Monday through Friday, 8:00 a.m. to 9:00 p.m. (Central Time). Sincerely, Delinquency Assistance Center Midland Mortgage,a Division of MidFirstBank Loan Number 00545'16768 `If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay,this letter is not an attempt to collect the debt,but any default will need to be cured to avoid foreclosure If your loan was in default at the time MidFirsl Bank acquired the servicing of your loan and you have not riled bankruptcy or received a discharge of the debt secured by the Mortgage/Deed of Trust,we are required to advise you that this communication is from a debt collector,this is an attempt to collect a debt,and any information obtained will be used for that purpose Midland Mortgage Delinquency Assistance Center P 0 Box 268BOG Oklahoma City,OK 73126.8806 Tel 1-800.552-3000 Fax 1.405-767-5815 www MyMidlandModgage corn Qualified written Requests.Notice of Errors,Information Requests,and Credit Disputes must be sent to: P 0 Box 2GB959 Oklahoma Cily,OK 73126.8959 Department of Defense Manpower Data Center Results as of:May-15-2014 04:47:58 AM SCRA 3.0 ,Statm Report Pursuant to Service a ben Civil Mid Act Last Name: WHITCOMB First Name: DOLORES Middle Name: A Active Duty Status As Of: May-15-2014 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 Das of Active Duty Status Date Active Duty Start Date - Active Duty End Date Status Service Component NA NA No I 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. �J' 444J4_4�m_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 r �� IF" 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 67/1-3//q l By Title ��.(� t� iU3ii0P ;A?Y IN THE COURT OF COMMON PLEAS COUtMiBj_)RLt' ND COUNTY MIDFIRST BANK : CUMBERLAND COUNTY,PENNSYLVANIA PENNSYLVANIA Plaintiff(s) VS. DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendant(s) �7 ��� 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 i d- 5/15/14 Date Leon P. Haller / Jill M. Wineka Attorney- for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 15706 / 58802 IN THE COURT OF COMMON PLEAS OF MIDFIRST BANK CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. DOI,ORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT 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 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: APPLICATIONCUSTOMERIPRIMARY Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ No❑ Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied: Yes❑ No❑ Mailing Address(if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy?Yes❑ No❑ If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT 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: AUTHORIZATION 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r n THE PROTHOh i 41111129 Ata 9 28 CUMBERLAND COUNTY PENNSYLVANIA Midfirst Bank vs. Delores A Whitcomb (et al.) Case Number 2014-2954 SHERIFF'S RETURN OF SERVICE 05/19/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Secretary of Housing and Urban Development, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 05/19/2014 03:01 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 28 Fieldcrest Drive, Silver Spring Township, Mechanicsburg, PA 17050, deputies served Delores Whitcomb and she advised deputies that no one else resided there. 05/19/2014 03:01 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Delores A Whitcomb at 28 Fieldcrest Drive, Silver Spring Township, Mechanicsburg, PA 17050. q 1 JASO KI LE, DEPUTY 05/22/2014 10:57 AM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Susan Melendez, Secretary, who accepted for The Secretary of Housing and Urban Development, at US Attorney's Office, 228 Walnut Street, Harrisburg, PA 17108. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $71.30 SO ANSWERS, May 20, 2014 RONR ANDERSON, SHERIFF (c) CountySuite Sheriff, Teteosoft, nc. Shelley Ruhl Real Estale Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff • • • Ff f Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy MIDFIRST BANK VS THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Sheriffs Return No. 2014-T-1582 OTHER COUNTY NO. 2014-2954 And now: MAY 22, 2014 at 10:57:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT by personally handing to SUSAN MELENDEZ * 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at C/O US ATTORNEY'S OFFICE, FEDERAL BLDG, 228 WALNUT STREET, SUITE 220 HARRISBURG PA 17108 * SECRETARY Sworn and subscribed to before me this 22ND day of May, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff o By , r Dep Sheriff De _ ty: J FRUHWIRTH Sheriffs Costs: $41.25 5/21/2014 MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. No. 14-2954 CIVIL DOLORES A. WHITCOMB AND THE CIVIL ACTION - LAW SECRETARY OF HOUSING AND URBAN IN MORTGAGE FORECLOSURE DEVELOPMENT, Defendants 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, Request for Conciliation Conference and Financial Worksheet in the above captioned action was served upon The Secretary of Housing and Urban Development as follows: Complaint mailed by certified mail, return receipt requested,postage prepaid, on May 19, 2014 addressed to: The Secretary of Housing and Urban Development 451 SEVENTH STREET, SW WASHINGTON, DC 20410 Attached hereto is the original mailing receipt postmarked mail#7196900892014 1113 02 5274 with the nas del tvered on ates Postal Service Track and Confirm showing that certified May 23, 2014 Leon P. Haller 1719 N. Front St Harrisburg, PA 17102 SWOAN, to subscri ed th' of 20' - r— ublic 'c-, na My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL BONITA E PRUSSACK SEAL Notary Public HARRISBURG CITY, DAUPHIN COUNTY My Commission Expires Sep 26,2011 7196 9008 9111 3021 5274 TO: The Secretary of Housing and Urban Development 451 SEVENTH STREET, SW WASHINGTON, DC 20410 SENDER: MSH SVC REFERENCE:MIDIWHITCOMB PS Form 8800,January 2005 RETURN Postage Q RECEIPT Certified Fee 3.30 SERVICE Return Receipt Fee 2,70 Restricted Delivery 0 Total Postage&Fees USPS' POS,M1. K ORNF y ', Receipt for Certified Mail" No Insuran oe Coverage Provided Do Not Use for hMarnational Mail Page l of 1 •USPS.Com® - USPS TrackingTM Register 1 Sign In Englis0 Customer Service USPS Mobile U5P5. .. , ^iGa Pa U3� aopd Mail :Aa Y.iur ',;3si V�^n {1'51 cs4,3--AAK u n0,ils i�USt<7 frl@Y°a@fVlt:B> TM t Have questions?We're hereto help. USPS Tracking Tracking Number'71969008911130215274 Product & Tracking Information Available Actions Postal Product: Features: Text it}dates Certified Mail'M f.m,jil lfitd<kt::as May 23,2014,8 08 am Delsvcaed WASHINGTON,DC 20410 I •1� s . i.d i �;;trY; rt;, i rs J'•I!i iil`':=TON ( {17 May 23,2014 8 03 am Sorting Complete WASHINGTON,DC 20018 . -. May 23.2014 6:18 am Arrival at Unit WASHINGTON,DC 20018 P May 2120145:13 am Depart USPS Sort Facility WASHINGTON,DC 20066 , , Processed through USPS WASHINGTON.DC 20066 May 20,2014.2:01 pm Sort Facility May 202014 546 am Depart art USPS Sort Facility HARRISBURG.PA 17107 . , Processed through USPS HARRISBURG,PA 17107 May 19 2014.9:50 pm Sort Facility Track Another Package What's your tracking(or receipt)number? Track It ON ABOUT USPS.COM OTHER USPS SITES LEGAL ON USPS COM .. . 2.I � i�.r7 I�EJJSI"...1.. • i t > 15 fr ti LE .S r .. � ,ltd t'� is \4.(J .} l_,.=.Jl�_<'•"�' MOUVISCOM https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=... 6/10/2014 h MIDFIRST BANK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. No. 14-2954 CIVIL DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN CIVIL ACTION - LAW DEVELOPMENT, IN MORTGAGE FORECLOSURE Defendants 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, Request for Conciliation Conference and Financial Worksheet in the above captioned action was served upon The United States of America as follows: Complaint mailed by certified mail,return receipt requested, postage prepaid, on May 19, 2014 addressed to: The United States of America United States Attorney's Office Tenth and Constitution Avenue NW Main Justice Building, Room 5111 Washington, DC 20530 Attached hereto is the original Certificate of Mailing postmarked May 19, 2014 along with the original Receipt for Certified Mail postmarked May 27, 2014. Leon P. Haller 1719 N. Front St Harrisburg, PA 17102 S W RNto 4n, n subscri ed tday of Vs6 f 20/V C- M -�3 s- zCU rq c N b >c z� c,n My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL (SEAL) BONITA E PRUSSACK -f N HARRISBURGotary Public CITY;DAUPHIN COUNTY My Commission Expires Sep 76 2017 R i ' 7196 9008 9111 3021 5311 TO: The United States of America United States Attorney's Office Tenth and Constitution Avenue NW Main Justice Building, Room 51 1 1 Washington, DC 20530 SENDER: msh svc REFERENCE:MID/WHITCOMB PS Form 3800,January 2005 RETURN Postage Q RECEIPT Certified Fee 3.30 SERVICE Return Receipt Fee 2.70 Restricted Delivery 0.00 Total Postage&Fees USPS POSFIGIR R D f Receipt for 111 Certified Mail'" ' No Insurance Coverage Provided Do Not Use for International Mai ---------------------------------------------------------- ---------......,. 2. Article Number A Received by(Please Print Clearly) B Date of Delivery C. Signature ent 7196 9008 9111 3021 5311 X ❑adareaa.e D. Is delivery address different fro m 1? ❑Yes ff YES,enter delivery address ❑No 3. Service Type CERTIFIED MAIL"' 4, 4. Restricted Delivery?(Extra.Fee) Dyes 1. Article Addressed to: The United States of,,AM United States Attornpy's,GffijW, 1'enth and Constitution Avenue NW Main Justice Building, Room 5111 Washington, DC 20530 MID/WHITCOM"$ msh svc PS Form 3811,January 2005 Domestic Return Receipt LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717)234-4178 ATTORNEY FOR PLAINTIFF MIDFIRST BANK Plaintiff vs. -O FI^ L' FROTHONOtTit1 'r• 2014 AUG -6 Fri 2: Uri CUI 1B L AND PENN,YLVAN ANT�y DOLORES A. WHITCOMB and THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 14-2954 CIVIL : IN MORTGAGE FORECLOSURE MOTION TO LIFT STAY IMPOSED BY THE MORTGAGE FORECLOSURE DIVERSION PROGRAM AND NOW comes Plaintiff, MidFirst 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, follows: 1. The within foreclosure action was filed May 16, 2014 2. Service of the Complaint and Notice of Residential Mortgage Foreclosure Diversion Program was made on May 19, 2014 3. Defendant has not opted to participate in the Mortgage Foreclosure Diversion Program. 4. Plaintiff, in accordance with the provisions of the Mortgage Foreclosure Diversion Program, requests that the stay be lifted. represents as 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: Dated: August 4, 2014 Leon'''. Halle 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff 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. Dated: August 4, 2014 LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717)234-4178 ATTORNEY FOR PLAINTIFF MIDFIRST BANK Plaintiff vs. DOLORES A. WHITCOMB and THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 14-2954 CIVIL : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Leon P. Haller, the undersigned, Attorney for Plaintiff, hereby certify that I served on the 4th day of August, 2014, a copy of the Petition to Lift Stay Imposed by Mortgage Foreclosure Diversion Program upon each of the following person at the addresses shown below: Dolores A. Whitcomb 23 Fieldcrest Drive Mechanicsburg, PA 17050 L -on P. Halle Dated: August 4, 2014 Attorney fo Plaintiff MIDFIRST BANK Plaintiff vs. DOLORES A. WHITCOMB and THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendant : IN THE COURT OF COMMON PEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 14-2954 CIVIL : IN MORTGAGE FORECLOSURE ORDER AND NOW, this 1 Z- - day of 4v w�`/ i , 2014, 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: r _A x,. -orri C], N _!CD XM CD -11 T i,. MIDFIRST BANK, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW DOLORES A. WHITCOMB AND THE NO. 14-2954 SECRETARY OF HOUSING AND URBAN DEVELOPMENT, 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) DOLORES A. WHITCOMB for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiffs damages as follows: rri a.) z (i) r- > '7) Unpaid Principal Principal Balance Interest Per diem of $10.72 From 10/01/2013 To 06/01/2014 Accumulated Late Charges Corporate Advance Escrow Deficit 5% Attorney's Commission TOTAL $97,812.59 $2,604.75 $112.38 $75.00 $101.48 $4,890.63 $105,596.83 **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 & HA LE -R - . Haller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 7 MIDFIRST BANK, PLAINTIFF Vs. DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-2954 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on August 21, 2014 I 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. By Leon aller PA I.D. # 15700 Att mey for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 1 MIDFIRST BANK, Plaintiff VS. DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendants DATE OF THIS NOTICE: August 21, 2014 TO: DOLORES A. WHITCOMB 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-2954 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE 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, KRUG : HALL By (... LEON P. HALLER, Attorney for Plaintiff 1.D. # 15 700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, PLAINTIFF VS. DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO, 14-2954 IN MORTGAGE FORECLOSURE AFFIDAVIT COMMONEALTH 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 Mortgage in the above case is insured by the Federal Housing Administration under Title LI of the National Housing Act (12 U.S.C.A. Section 707 1715z11) and therefore does not fall within the provisions of PA Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program). Sworn before 0 o and subscribed isi day • / or ot. P(.li-' COMMONWEA NOTARIAL. SEAL MARYLAND K FERRETTI, Notary Publlo Lower Paxton TWp., Dauphin County My Commission Moira August 08, 201 MIDFIRST BANK, PLAINTIFF VS. DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-2954 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN 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 me this2 day . of 20 /i . COMMONWEALTH NOTARIAL SELN'YLVANIA p MARYLAND K FERRETT, Notary Public Lower Paxt;,n Twp,, Dauphinn Count My Commission Expires August 08, 2018 N P. HALLER, ESQUIRE Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act Last Name: WHITCOMB First Name: DOLORES Middle Name: A Active Duty Status As Of: Aug -29-2014 Results as of : Aug -29-2014 08:0545 AM SCRA 3.0 On Active Duty On Active Duly Status Date Active Duty Start Date ActNe Duty End Date Status Service Component NA NA No NA This response reflects the Individualsactive duty status based on 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 Left Active Duly Within 367 Days of Active Duty Status Date Order Notification End Date Active Duty Sled Date Service Component Active Duty End Dale Status No Service Component NA NA No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Dui 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 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/PCO9SLDR.html. 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 (NOAA 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: RCS6TCBD200DY80 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net Midfirst Bank Vs. Dolores A. Whitcomb and the Secretary of Housing and Urban Development WRIT OF EXECUTION NO 14-2954 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $105,596.83 Interest $1,983.05 per diem of $10.72 to sale date 12/3/2014 Atty's Comm: Atty Paid: $220.05 Plaintiff Paid: Date: 9/4/2014 L.L.: $.50 Due Prothy: $2.25 Other Costs: $74.92 Late Charges per month to sale date 12/3/2014 Escrow Deficit $802.05 David D. Buell, Prothonotary (Seal) B REQUESTING PARTY: Name: Leon P. Haller, Esquire Address: PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 14-2954 MIDFIRST BANK, PLAINTIFF VS. DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) . >-- q— -_J rn ' AECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE Total Judgment Amount $105,596.83 Interest $1,983.05 Per diem of $10.72 to sale date 12/3/2014 Late Charges $74.92 per month to sale date 12/3/2014 Escrow Deficit $802.05 TOTAL WRIT $108,456.85 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, December 03, 2014 (PROTHONOTARY'S USE) Pitf. Paid Deft. Paid Due Proth/Clerk Other Costs TOY THR(K INOTARY/CLEROF SAID COURT: Issue Writ of Execution in the above captioned case. Date: August 29, 2014 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 COMMO on P. Haller PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE ALTH OF PENNSYLVANIA . COUNTY OF CUMBE ND TO THE SHERIFF OF CUMBERL To satisfy the judgment, intere sell the property described in the MECHANICSBURG, P 050 Date: SS COUNTY. 2. 2rlye Co ck fi x633 d costs in - above captioned case, you are directed to levy upon and ached description known 8 FIELDCREST DRIVE PROTHONOTARY/CLERK BY DEPUTY IL DIVISION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western side of Fieldcrest Drive at the dividing line between Lots Nos. D-10 and D-11 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. D-10 and D-11, South 71 degrees West, a distance of 125 feet to a point at lands now or formerly of Oscar F. and Pauline M. Shafer; thence along said latter lands North 19 degrees West, a distance of 36 feet to a point at the dividing line between Lots Nos. D-10 and D-9, as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. D-10 and D-9, North 71 degrees East, a distance of 125 feet to a point on the western side of Fieldcrest Drive; thence along the western side of Fieldcrest Drive, South 19 degrees East, a distance of 36 feet to a point on the same, at the dividing line between Lots Nos. D-10 and D-11 as shown on the plan of lots hereinafter mentioned, the place of beginning. BEING Lot No. D-10 as shown on Page 110A of a certain subdivision plan of lots entitled "Final Subdivision Plan for Westfields", as recorded in the Recorder of Deed's Office in and for Cumberland County, Pennsylvania in Plan Book 54, Page 110 et seq. Said Plan having been re-recorded from Plan Book 52, Page 139. HAVING THEREON ERECTED A DWELLING KNOWN AS 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 TAX PARCEL NO. 38-23-0571-095 BEING THE SAME PREMISES WHICH Charles C. Swiler and Edna L. Swiler, husband and wife, by deed dated December 1999 and recorded January 4, 2000 in Cumberland County Record Book 214, Page 428, granted and conveyed unto James C. Whitcomb and Dolores A. Whitcomb, husband and wife. The said James C. Whitcomb died September 29, 2013 and upon his death, title to the subject premises vested in his wife, Dolores A. Whitcomb, by operation of law. TO BE SOLD AS THE PROPERTY OF DOLORES A. WHITCOMB ON JUDGMENT NO. 14-2954 MIDFIRST BANK, PLAINTIFF VS. DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-2954 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 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050: 1. Name and address of the Owner(s) or Reputed Owner(s): DOLORES A. WHITCOMB 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 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: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Secretary of Housing and Urban Development 451 Seventh Avenue S.W. Washington, D.C. 20410 Secretary of Housing and Urban Development Albany Office — Region II 52 Corporate Circle Albany, New York 12203-5121 U. S. Attorney's Office Tenth and Constitution Avenue, N.W. Main Justice Building — Room 5111 Washington, D.C. 20530 r'•, rri —t, c: ; C CD U. S. Attorneys Office Secretary of Housing and Urban Development Federal Building — Suite 220 228 Walnut Street Harrisburg, PA 17108 U. S. Attorneys Office Secretary of Housing and Urban Development P. O. Box 117541 Harrisburg, PA 17108 JPMorgan Chase Bank as Trustee c/o Residential Funding Corporation 2256 North Ontario — Suite 300 Burbank, CA 81504 Wells Fargo Financial Pennsylvania, Inc. 904 Walnut Street — Suite 200 Des Moines, Iowa 50309 Wells Fargo Financial Pennsylvania, Inc. 208 N. Third Street — Suite 110 Harrisburg, PA 17101 Wells Fargo Financial Bank 3201 North 4th Avenue Sioux Falls, SD 57104 Wells Fargo Financial Bank P. O. Box 5943 Sioux Falls, SD 57117-5943 5. Name and address of every other person who has any record lien on the property: 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 Westfields Condominium Association P. O. Box 8 Mechanicsburg, PA 17055 a 16 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 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 (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 subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to au DATE:August 29, 2014 eon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, PLAINTIFF VS. DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) TAKE NOTICE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-2954 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 03, 2014 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: 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 14-2954 JUDGMENT AMOUNT $105,596.83 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DOLORES A. WHITCOMB 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 piece or parcel of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western side of Fieldcrest Drive at the dividing line between Lots Nos. D-10 and D-11 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. D-10 and D-11, South 71 degrees West, a distance of 125 feet to a point at lands now or formerly of Oscar F. and Pauline M. Shafer; thence along said latter lands North 19 degrees West, a distance of 36 feet to a point at the dividing line between Lots Nos. D-10 and D-9, as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. D-10 and D-9, North 71 degrees East, a distance of 125 feet to a point on the western side of Fieldcrest Drive; thence along the westem side of Fieldcrest Drive, South 19 degrees East, a distance of 36 feet to a point on the same, at the dividing line between Lots Nos. D-10 and D-11 as shown on the plan of lots hereinafter mentioned, the place of beginning. BEING Lot No. D-10 as shown on Page 110A of a certain subdivision plan of lots entitled "Final Subdivision Plan for Westfields", as recorded in the Recorder of Deed's Office in and for Cumberland County, Pennsylvania in Plan Book 54, Page 110 et seq. Said Plan having been re-recorded from Plan Book 52, Page 139. HAVING THEREON ERECTED A DWELLING KNOWN AS 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 TAX PARCEL NO. 38-23-0571-095 BEING THE SAME PREMISES WHICH Charles C. Swiler and Edna L. Swiler, husband and wife, by deed dated December 1999 and recorded January 4, 2000 in Cumberland County Record Book 214, Page 428, granted and conveyed unto James C. Whitcomb and Dolores A. Whitcomb, husband and wife. The said James C. Whitcomb died September 29, 2013 and upon his death, title to the subject premises vested in his wife, Dolores A. Whitcomb, by operation of law. TO BE SOLD AS THE PROPERTY OF DOLORES A. WHITCOMB ON JUDGMENT NO. 14-2954 MIDI?IRST BANK, PLAINTIFF VS. DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-2954 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on Q ) l4 , 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: DOLORES A. WHITCOMB 28 FIELDCREST DRIVE c-, MECHANICSBURG, PA 17050 - T DOMESTIC RELATIONS -c .. f n -- Cumberland County Courthouse c;,' -? 13 North Hanover Street -< Carlisle, PA 17013 < r --n v r? c-D�n . TENANT/OCCUPANT 3:,.`- _'t c.51a 28 FIELDCREST DRIVE -< -'= MECHANICSBURG, PA 17050 Secretary of Housing and Urban Development 451 Seventh Avenue S.W. Washington, D.C. 20410 Secretary of Housing and Urban Development Albany Office — Region II 52 Corporate Circle Albany, New York 12203-5121 U. S. Attorney's Office Tenth and Constitution Avenue, N.W. Main Justice Building — Room 5111 Washington, D.C. 20530 U. S. Attorneys Office Secretary of Housing and Urban Development Federal Building — Suite 220 228 Walnut Street Harrisburg, PA 17108 U. S. Attorneys Office Secretary of Housing and Urban Development P. O. Box 117541 Harrisburg, PA 17108 JPMorgan Chase Bank as Trustee c/o Residential Funding Corporation 2256 North Ontario — Suite 300 Burbank, CA 81504 Wells Fargo Financial Pennsylvania, Inc. 904 Walnut Street — Suite 200 Des Moines, Iowa 50309 Wells Fargo Financial Pennsylvania, Inc. 208 N. Third Street — Suite 110 Harrisburg, PA 17101 Wells Fargo Financial Bank 3201 North 4th Avenue Sioux Falls, SD 57104 Wells Fargo Financial Bank P. O. Box 5943 Sioux Falls, SD 57117-5943 Westfields Condominium Association P. O. Box 8 Mechanicsburg, PA 17055 By PUrL, KRU & HALLER ttorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA LISA RYNARD DOLORES A. WHITCOMB 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 Secretary of Housing and Urban Development 451 Seventh Avenue S.W. Washington, D.C. 20410 Secretary of Housing and Urban Development Albany Office — Region II 52 Corporate Circle Albany, New York 12203-5121 LAW OFFICES 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 U. S. Attorney's Office Tenth and Constitution Avenue, N.W. Main Justice Building — Room 5111 Washington, D.C. 20530 U. S. Attorneys Office Secretary of Housing and Urban Development Federal Building — Suite 220 228 Walnut Street Harrisburg, PA 17108 HERSHEY (717)533-3836 U. S. Attorneys Office Secretary of Housing and Urban Development P. O. Box 117541 Harrisburg, PA 17108 JPMorgan Chase Bank as Trustee c/o Residential Funding Corporation 2256 North Ontario — Suite 300 Burbank, CA 81504 Wells Fargo Financial Pennsylvania, Inc. 904 Walnut Street — Suite 200 Des Moines, Iowa 50309 Wells Fargo Financial Pennsylvania, Inc. 208 N. Third Street — Suite 110 Harrisburg, PA 17101 Wells Fargo Financial Bank 3201 North 4th Avenue Sioux Falls, SD 57104 Wells Fargo Financial Bank P. O. Box 5943 Sioux Falls, SD 57117-5943 Westfields Condominium Association P. O. Box 8 Mechanicsburg, PA 17055 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 said Sheriffs Sale. . Haller PA I.D.15700 Attorney for Plaintiff MIDFIRST BANK, PLAINTIFF VS. DOLORES A. WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, DEFENDANT(S) TAKE NOTICE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-2954 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 03, 2014 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: 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 14-2954 JUDGMENT AMOUNT $105,596.83 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DOLORES A. WHITCOMB 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 717-2491166 • Legal Services; Inc 8 Irvine Row Carlisle,'Pennsylvania 17013 7.17-243-9400 THE LEGALRIGHTS 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 2. Article Number 1 11 1 1 11 1 11 11 11 1 1 111 11 944 7266 9904 2019 6835 21 3. S Ice Type CERTIFIED MAIL® 4. Restricted Delivery? (Extra Fee) jjYes 1. Article Addressed to: DOLORES A. WHITCOMB 28 FIELDCREST DRIVE t ....MECHANICSBURG, PA 17050 ) COMPLETE THIS SECTION ON DELIVERY A. Received by (Please Print Clearly) B. Date of Delivery C. Signature 0 Agent - �_20 Addressee D. Is delivery address differen from item 1? ❑ Yes If YES, enter delivery address below:❑ No :LLS6(1- V� r 7,91% Sl - NOS 12/03/14 M02090/41287 7t PS Form 3811, January 2005 Domestic Return Receipt —� �� 9414 7266 9904 2019 6835 21 TO: DOLORES A. WHITCOMB 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 SENDER: M02090/41287 REFERENCE: NOS 12/03/14 PS Form 3800, January 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee 3.30 2.70 Restricted Delivery Total Postage & Fees USPS• Receipt for Certified Mair No Insurance Coverage Provided Do Not Use for International Mall c MIDLAND MORTGAGE, a division of MidFirst Bank v. DOLORES A. WHITCOMB Cumberland County Sale 12/3/2014 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOLORES A. WHITCOMB 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: Secretary of Housing and Urban Development 451 Seventh Avenue S.W. Washington, D.C. 20410 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: Secretary of Housing and Urban Development Albany Office — Region II 52 Corporate Circle Albany, New York 12203-5121 Postage: Postmark: 02 1M $ 01.30° 0004284324 SEP 29 2014 MAILED FROM ZIP CODE 1 710 2 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: U. S. Attorney's Office Tenth and Constitution Avenue, N.W. Main Justice Building — Room 5111 Washington, D.C. 20530 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: U. S. Attorneys Office Secretary of Housing and Urban Development Federal Building — Suite 220 228 Walnut Street Harrisburg, PA 17108 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: U. S. Attorneys Office Secretary of Housing and Urban Development P. O. Box 117541 Harrisburg, PA 17108 Postage: Postmark: 02 1M 0004284324 SEP 29 2014 MAILED FROM ZIP CODE 1 7102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: JPMorgan Chase Bank as Trustee c/o Residential Funding Corporation 2256 North Ontario — Suite 300 Burbank, CA 81504 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: Wells Fargo Financial Pennsylvania, Inc. 904 Walnut Street — Suite 200 Des Moines, Iowa 50309 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: Wells Fargo Financial Pennsylvania, Inc. 208 N. Third Street — Suite 110 Harrisburg, PA 17101 Postage: Postmark: PtOZ 6 z d3S Dli Posr eitrsoc ® PITNEY BOWES 02 1M $ 01.30° 0004284324 SEP29 2014 MAILED FROM ZIP CODE 1 7102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Wells Fargo Financial Bank 3201 North 4th Avenue Sioux Falls, SD 57104 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: Wells Fargo Financial Bank P. 0. Box 5943 Sioux Falls, SD 57117-5943 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postage: Postmark: 02 1M $ 01.30° 0004284324 SEP29 2014 MAILED FROM ZIP CODE 1 710 2 MIDLAND MORTGAGE, a division of MidFirst Bank v. DOLORES A. WHITCOMB • Cumberland County Sale 12/3/2014 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: TENANT/OCCUPANT 28 FIELDCREST DRIVE MECHANICSBURG, PA 17050 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) One piece of ordinary mail addressed to: Westfields Condominium Association P. 0. Box 8 Mechanicsburg, PA 17055 Postage: Postmark: 7 �tl�/ ®4ZEP PITNEY BOWES 02 1M $ 02.60° 0004284324 SEP29 2014 MAILED FROM ZIP CODE 17102 IN THE COURT OF COMMON PLEAS �4 /1 /i?"a. n r�; „ i CUMBERLAND COUNTY, PENNSYLVANIA O p Ci',S Yt CO f fit Y MIDFIRST BANK CIVIL DIVISION CASE NO. 14-2954 Plaintiff VS. DOLORES WHITCOMB AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT Defendants NOTICE OF THE DATE OF CONTINUED SHERIFF SALE THE SHERIFF'S SALE SCHDULED FOR DECEMBER 3, 2014 @10:00 AM IN THE ABOVE CAPTIONED MATTER HAS BEEN CONTINUED TO FEBRUARY 4, 2015 @ 10:00 AM DATE: December 2, 2014 BY Attorney Leon I eller PURCELL KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney ID #15700 l