Loading...
HomeMy WebLinkAbout14-4509 Supreme Court,df Pennsylvania K Court O COIDnIOtI Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUMBER ID County Iq Jam... The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S [3 Complaint 0 Writ of Summons El Petition El Transfer from Another Jurisdiction E] Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T MIDFIRST BANK COLBY D. NEIL Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes No (check one) iaoutside arbitration limits O N Is this a Class Action Suit? E]Yes U No Is this an MDJAppeal? Yes IM No A Name of Plaintiff/Appellant's Attorney: Leon P. Haller / Jill M. Wineka El Check here if you have no attorney(are a Self-Represented [Pro Se[ Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional 0 Buyer Plaintiff Administrative Agencies El Malicious Prosecution El Debt Collection:Credit Card Board of Assessment E] Motor Vehicle Debt Collection:Other Board of Elections F1 Nuisance ® Dept.of Transportation E] Premises Liability Statutory Appeal:Other S Product Liability(does not include ...E mass tort) E] Employment Dispute: El Slander/Libel/Defamation Discrimination C 0 Other: [ Employment Dispute:Other Zoning Board T l] Other: I ® Other: O MASS TORT Asbestos N p Tobacco E] Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS rl Toxic Waste El Ejectment E] Common Law/Statutory Arbitration B Other: r7 Eminent Domain/Condemnation E] Declaratory Judgment 0 Ground Rent ® Mandamus Landlord/Tenant Dispute E]Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY l] Mortgage Foreclosure:Commercial Quo Warranto El Dental Partition Replevin 0 Legal Quiet Title ll Other: n Medical E] Other: l-1 Other Professional: Updated 1/1/2011 >; TEi� N i i ti�I#U ii-. Leon P. Haller, Esquire Purcell, Krug&Haller 2J H 9: u 3 1719 North Front Street UMBERL���D COUNTY Harrisburg, PA 17102 PENNSYl.1�'AF�iA 717.234.4178 mtg@pkh.com MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACTION-LAW COLBY D. NEIL AND CYNTHIA E. NEIL ACTION OF MORTGAGE FORECLOSURE Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after the Complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS,ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED,O SU ABOGADO,REGISTRE CON LA CORTE EN FORMA ESCRITA,EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA,SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES,LA COUTE PUEDE,SIN NOTIFICARIO,DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA, POR RAZON DE ESA DECISION,ES POSSIBLE QUE USTED PUEDA PERDER DINERO,PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO,LLAME AL"LAWYER REFERENCE SERVICE"(SERVICIO DE REFERENCIA DE ABOGADOS),(215)238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 � 1/3- � 30922 / MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LAW COLBY D. NEIL AND CYNTHIA E. NEIL ACTION OF MORTGAGE FORECLOSURE 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 COLBY D. NEIL AND CYNTHIA E. NEIL ACTION OF MORTGAGE FORECLOSURE 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 Defendants, COLBY D. NEIL and CYNTHIA E. NEIL, are adult individuals whose last known address is 1012 DEERFIELD COMMONS, SHIPPENSBURG, PA 17257. 3. On or about, March 01, 2006, the Defendants executed and delivered a Mortgage Note in the sum of $153,225.00 payable to FIRST HORIZON HOME LOAN CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, the Defendants made, executed, and delivered to Mortgage Electronic Registration Systems, Inc. as Nominee for First Horizon Home Loan Corporation, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on March 3, 2006 in Mortgage Book 1942, Page 1146 conveying to original Mortgagee the subject premises. On March 26, 2009, Mortgage Electronic Registration Systems, Inc. as Nominee for the Plaintiff and the Defendants executed a Loan Modification Agreement changing the amount of the Unpaid Principal Balance to $151,054.23, changing the monthly payment amount, changing the Maturity date and changing the Interest Rate to 5%. The Loan Modification Agreement was recorded May 8, 2009 as Instrument Number 200315179. The Mortgage was subsequently assigned to MIDFIRST BANK and was recorded on August 1, 2012 in the aforesaid County as Instrument Number 201223045. On December 13, 2012, the Plaintiff and the Defendants executed a Loan Modification Agreement changing the amount of the Unpaid Principal Balance to $155,678.72, changing the monthly payment amount, changing the Maturity Date and changing the Interest Rate to 4.125%. The Loan Modification Agreement was recorded February 19, 2013 as Instrument Number 201305304. The said Mortgage, Assignment and Loan Modification Agreements are incorporated herein by reference. 5. The land subject to the Mortgage is: 306 WALNUT STREET, SHIPPENSBURG, PA 17257 and is more particularly described in Exhibit"B" attached hereto. 6: The Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that the Mortgagors have failed to pay the installment due on June 01, 2013 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $154,504.17 Interest at $17.46 per day $7,979.67 From 05/01/2013 To 08/01/2014 (based on contract rate of 4.1250%) Escrow Deficit $2,140.47 Corporate Advance $1,170.00 Suspense Credit ($353.64) Attorney's Fee at 5% of Principal Balance $7,725.21 TOTAL $173,165.88 "Together with interest at the per diem rate noted above after August 01, 2014 and other charges and costs to date of Sheriffs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 which contained amendments to Act 91 of 1983 (35 P.S. 1680.401c et. sec.) and Pennsylvania Act 57 of 2008 which contained amendments to Act 6 of 1974 (41 P.S. 101 et. sec ..) by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. True and correct copies of the Combined Act 6/91 Notices dated August 5, 2013 are attached hereto as Exhibit "C". 9. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 10. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Service Members Civil Relief Act, as amended. Copies of the website reports from the Department of Defense Manpower Data Center, confirming non-active military duty are attached as Exhibit"D". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 4.1250% ($17.46 per diem),together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCELL,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) 4 p NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. March 1st, 2006 SHIPPENSBURG PENNSYLVANIA (Date) (City) [State] 306 WALNUT STREET, SHIPPENSBURG, Pennsylvania 17257 (Property Address] I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 153,225.00 (this amount is called 'Principal'), plus interest,to the order of the Lender.The bender is FIRST HORIZON HOME LOAN CORPORATION I will make all payments under this Note in the form of cash,check of money order. I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a yearly rate of 6.375 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning on April let, 2006 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on March 19t, 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the"Maturity Date." r I will make my monthly payments at Po BOX 809 MEMPHI S, TN 38101 or at a different place if required by the Note Holder. (B)Amount of Monthly Payments My monthly payment will be in the amount of U.S.S 955.93 4. BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time,without premium or fee,the entire indebtedness or any part thereof not less than the amount of one installment, or $100.00, whichever is less. Any Prepayment in full of the indebtedness shall be credited on the date received,and no interest may be charged thereafter.Any partial Prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such Prepayment,whichever is earlier. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Amended for Veterans Affairs 0056493141 Form 32001/01 10-10-6-0589007 (Q-5G(0212) Amended 6/00 1 I ®VMP MORTGAGE FORMS•(800)521.7291 I IIII��I JIIII�I�I Ill�ll III IIII III Pago 1 of 3 Initials: f S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder.The amount of the charge will be 4.00 %of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B)Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C)Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D)No Waiver By Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E)Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example,reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 0056493141 Form 3200 1101 -SG(0212) Page 2 of 3 nom. ® 1 ' 10.ALLONGE TO THIS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a pan of this Note. [Check applicable box) ❑Graduated Payment Allonge ❑Other[Specify] ❑Other[Specify] 11.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note,'a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"),dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be.required to make immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows: Regulations (38 C.F.R. Part 36) issued under the Department of Veterans Affairs ("VA") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. (Seal) (Seal) CYNTHIA i . NEIL -Borrower COLBY D. NEIL -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) .Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] 0056493141 -5G(0212) Page 3 013 Form 32001/01 �, ,A ALL THAT CERTAIN lot of ground situate on Walnut Street, formerlLong Avenue, in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by Walnut Street, formerly Long Avenue; on the East by lot now or formerly of J. Eldon Long and wife; on the South by a alley; and on the West by lot now or formerly of Joseph Sheeleb rEstate; said lot having a uniform width of thirty-five (35) feet from Walnut Street, formerly Long Avenue, aforesaid to the alley and having a depth of one hundred fifty (150) feet from the said street to the alley; and being Lot No. 37 in a plan of building Lots laid out by Philip Harman, Trustee Of C. Long, and of record among the Deed records of Cumberland County, Pennsylvania, in Plan Book No . 1, Page 37 . I 4 ***REV**7.89*** COLBY D NEIL 306 WALNUT ST SHIPPENSBURG PA 17257-9402 Loan Number 0052727371 *If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay,this letter Is not an attempt to collect the debt,but any default will need to be cured to avoid foreclosure. If your loan was In default at the time 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. I i i C Date: 08/05/13 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default,and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMA►P can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICA.C16N EN ADJUNTO ES DE SUMA IMPORTANCIA,DUES AFL,CTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIbN OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO ME,NCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERE CHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): CYNTHIA E NEIL COLBY D NEIL PROPERTY ADDRESS: 306 WALNUT STREET SHIPPENSBURG PA 17257 LOAN ACCOUNT NO.: 0052727371 ORIGINAL LENDER: MidFirst Bank CURRENT LENDER/SERVICER: Midland Mortgage,a Division of MidFirst Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR NOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGE,NCY. TEMPORARY STAY OF FORECLOSURE—Under the Act,you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the coiisumei credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES—if you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one - face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so,you must fill out, sign, and file a completed Homeowner's Emergency Assistance'Program Application with one of the designated consumer Credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS, A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR.APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed,by the Agency under the eligibility criteria established by the Act, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed bankruptcy, you cmr still apply,for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 306 WALNUT STREET SHIPPENSBURG PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: • Monthly Payments in the Amount of$1010.41 for the months of 04/01/13 through 08/01/13 • Monthly Late Charges in the Amount of$40.41 for the months of 04/01/13 through 08/01/13 • Outstanding Late Charges totaling$.00 • Outstanding Fees* totaling$45.00 *For a breakdown of the fees listed above,please call 1-800-552-3000. TOTAL AMOUNT PAST DUE: $5258.69 HOW TO CURE THE DEFAULT—You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5258.69, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME PAST DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: Midland Mortgage,a Division of MidFirst Bank P.O.Box 268888 Oklahoma City,OK 73126-8888 IF YOU DO NOT CURE THE DEFAULT —If you do not cure the default within THIRTY (30)DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. 1 IF THE MORTGAGE IS FORECLOSED UPON—The mortgaged property will be sold by . the Sheriff to pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable - attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney fees will be added to the amount you owe the lender, which may include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE—If you have not cured the default within the THIRTY (:30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE—It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MidFirst Bank,c/o Midland Mortgage,loan servicer Address: 999 N.W. Grand Blvd. Oklahoma City,OK 73188 Phone Number: 1-500-552-3000 Fax Number: 1-405-767-5500 Contact Person: Twila Ballard E-Mail Address: Twila.Ballard@MidFirst.com EFFECT OF SHERIFF'S SALE — You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YO U MA Y ALSO HA VE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN'THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR.ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. CONSUMER CREIDIT COUNSELING AGENCIES SERVING YOUR COUNTY Cumberland Counter CCCS of Western PA—York F Mary Loftus 55 Clover HUI Road Dallastown PA 17313 888.511.2227 mloftuspcccsoa.orq www.cccsoa.ora Pre.Purchase and Pre.Ciosing Educational Seminars '�`1`•z :t�•` ba4 � s fir"' iie- 1 f ***REV**7,89*** CYNTHIA E NEIL 306 WALNUT STREET SHIPPENSBURG PA 17257 Loan Number 0052727371 'If you have received a bankruptcy discharge of the debt secured by the MortgagelDeed of Trust or you are currently in bankruptcy under the protection of the automatic stay,this letter is not an attempt to collet the debt,but any default will need to be cured to avoid foreclosure If your loan was In default at the time MldFirst Bank acquired the servicing of your loan and you have not filed bankrucommunticyor ation ireceived from a debt collector, thisscharge of the Is secured an attempt to collect the gagdebt earndf Trust,we are any information obtained wiired to ll be vise u edthat for that purpose- Date: 08/05/13 ACT 91 NOTICE F TAKE ACTION TO SAVE YOUR. HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER. CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (7'17) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA,PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA , UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO ME,NCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERE CHO A REDIMIR. SU HIPOTECA. HOMEOWNER'S NAME(S): CYNTHIA E NEIL COLBY D NEIL PROPERTY ADDRESS: 306 WALNUT STREET SHIPPENSBURG PA 17257 F LOAN ACCOUNT NO.: 0052727371 ORIGINAL LENDER: Midrirat Bank CURRENT LENDER/SERVICER: Midland Mortgage, a Division of MidFirst Bank :HOME OVVNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAYE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED _ BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE—Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the date of this Notice(plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting With one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES—If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one _ face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the - designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have.. applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION,BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED_ AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have fled bankruptcy, you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 306 WALNUT STREET SHIPPENSBURG PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: • Monthly Payments in the Amount of$1010.41 for the months of 04/01/13 through 08/01/13 • Monthly Late Charges in the Amount of$40.41 for the months of 04/01/13 through 08/01/13 • Outstanding Late Charges totaling$.00 • Outstanding Fees*totaling$45.00 *For a breakdown of the fees listed above,please call 1-800-552-3000. TOTAL AMOUNT PAST DUE: $5258.69 HOW TO CURE THE DEFAULT—You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5258.69, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME PAST DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: Midland Mortgage,a Division of MidFirst Bank P.O.Box 268888 Oklahoma City,OK 73126-8888 IF YOU DO NOT CURE THE DEFAULT—If you do not cure the default within THIRTY (30)DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage,in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON—Themortgagedproperty will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable _ attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney fees will be added to the amount you owe the lender, which may include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE—If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE—It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You -may find out exactly what the required payment or aotion will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MidFirst Bank, c/o Midland Mortgage,loan servicer Address: 999 N.W.Grand Blvd. Oldaboma City,OK 73188 Phone Number: 1-800-552-3000 Fax Number: 1-405-767-5500 Contact Person: Twila Ballard E-Mail Address: Twila.Ballard@MidFirst.com EFFECT OF SHERIFF'S SALE — You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. t ASSUMPTION OF MORTGAGE — You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YO U MA. ALSO HA VE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR.TO BORROW MONEY FROM ANOTHER.LENDING INSTITUTION TO PAY OFF THE DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER.LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. + TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY .L Cumberland Coffi' y CCCS of Western -York Mary Loftus 4, 55 Clover Hill Road Dallastown PA 17311vQ 88B.511.2227 � mloftusCCbcccspa.wCl www.cccsoa,or-a Pre.Purchase and Pre._ losing Educational Seminars (�1 9� ::n Department of Defense Manpower Data Center Results as of:Jul-30-2014 05:46:08 AM ` SCRA 3.0 yvrr Status Report Pursuant to Servicemembers Civil Relief Act tea. Last Name: NEIL First Name: CYNTHIA Middle Name: E Active Duty Status As Of: Jul-30-2014 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 Leh Active Duty Within 367 Days of Active DutV Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HIS/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA I 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,NCAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. xAAvt� • Mary M.Snavely-Dixon,Director Department of Defense•Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 '. Department of Defense Manpower Data Center Results as of:Jul-30-201405:46:27 AM ` SCRA 3.0 r Status Report Pursuant to Servicernernbers: Civil Relief Act Last Name: NEIL First Name: COLBY Middle Name: D Active Duty Status As Of: Jul-30-2014 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 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA i 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,NCAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. In' ..+ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 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 l Pit By Melanik Carter Title Vice President �It , '!FD-0,FIr7 OF TIIE i,ROTr10ii0TA"Y 2-114 JUfL 31 AM 9; r3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MIDFIRST BANK CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA Plaintiff(s) VS. COLBY D. NEIL AND CYNTHIA E. NEIL Defendant(s) // (�� 7 SQ / Civil---re—(/1) 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 su mitted: 7/30/14 Date Leon P. If.aller f Jill M. Wineka Attorney for Plaintiff Purcell, Krug and Haller 1719 North Front Street Harrisburg PA 17101 PA ID 15706 / 58802 ,Y IN THE COURT OF COMMON PLEAS OF MIDFIRST BANK CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. COLBY D. NEIL AND CYNTHIA E. NEIL 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: CUSTOMERIPRIMARY APPLICATION 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? INFORMATIONFINANCIAL 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: W- 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 u t*7-jVw 1\ti SEP -2 PM 13: CUM ENNSYL.VAN p j1 P (,)FFICE OF TH; $FIERIFF Midfirst Bank vs. Cynthia E. Neil (et al.) Case Number 2014-4509 SHERIFF'S RETURN OF SERVICE 08/04/2014 04:42 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Colby D. Neil, 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 Found" at 306 Walnut Street, Shippensburg Borough, Shippensburg, PA 17257. Residence is vacant. 08/04/2014 04:42 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Cynthia E. Neil, 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 Found" at 306 Walnut Street, Shippensburg Township, Shippensburg, PA 17257. Residence is vacant. 08/04/2014 05:09 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 handing a true copy to a person representing themselves to be Jim Sommerville, Father, who accepted as "Adult Person in Charge" for Colby D. Neil at 126 W Burd Street, Shippensburg Borough, Shippensburg, PA 17257. ON KINSLER, DEPUTY TY 08/25/2014 11:58 AM - Deputy Stephen Bender, 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: Cynthia E. Neil at 1012 Deerfield Commons, Shippensburg Township, Shippensburg, PA 17257. STEPHENNBE DER, DEPUTY SHERIFF COST: $111.80 SO ANSWERS, August 26, 2014 (c) CountySuite Sheriff, Teieosoft, Enc. RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 14-4509 CIVIL MIDFIRST BANK, PLAINTIFF VS. COLBY D. NEIL AND CYNTHIA E. NEIL, DEFENDANT(S) Total Judgment Amount $173,165.88 Interest $3,754.11 Per diem of $17.46 to sale date 3/4/2015 Escrow Deficit $2,661.59 TOTAL WRIT $179,581.58 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, March 04, 2015. (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned cc se. Date: November 20, 2014 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 eon P. Haller PA I.D. #15700 WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: ORTGAGE FORECLOSURE To satisfy the judgment, interest and costs in t sell the property described in the attached descripti PA 17257 Date: sb above ca tioned case, you are directed to levy upon and known as 30 WALNUT STREET SHIPPENSBURG, PROTHONOTA Y/CLERK CIVIL DIVISION BY TY i2#3I2Afl itj I'S 41 c.r3,1 ALL THAT CERTAIN lot of ground with the buildings and improvements thereon erected, situate on Walnut Street, formerly Long Avenue, in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by Walnut Street, formerly Long Avenue; on the East by lot now or formerly of J. Eldon Long and wife; on the South by a public alley; and on the West by lot now or formerly of Joseph Sheeler Estate; said lot having a uniform width of thirty five (35) feet from Walnut Street, formerly Long Avenue, aforesaid, to the alley and having a depth of one hundred fifty (150) feet from the said street to the alley; and being Lot No. 37 in a plan of building lots laid out by Philip Harman, Trustee of C. Long, and of record among the Deed records of Cumberland County, Pennsylvania in Plan Book No. 1, Page 37. HAVING THEREON erectd a dwelling known as 306 Walnut Street, Shippensburg, PA 17257. PARCEL NO. 32-34-2413-136 BEING the same premises which Helen R. Long by Deed dated March 1, 2006 and recorded March 3, 2006, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 273, Page 2028, granted and conveyed unto Colby D. Neil and Cynthia E. Neil, his wife. TO BE SOLD as the property of Colby D. Neil and Cynthia E. Neil, his wife on Cumberland County Judgment No. 14-4509 Civil. MIDFIRST BANK, PLAINTIFF VS. COLBY D. NEIL AND CYNTHIA E. NEIL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-4509 CIVIL 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 306 WALNUT STREET SHIPPENSBURG, PA 17257: 1. Name and address of the Owner(s) or Reputed Owner(s): COLBY D. NEIL 126 W. BURD STREET SHIPPENSBURG, PA 17257 COLBY D. NEIL 306 WALNUT STREET SHIPPENSBURG, PA 17257 CYNTHIA E. NEIL 306 WALNUT STREET SHIPPENSBURG, PA 17257 CYNTHIA E. NEIL 1012 DEERFIELD COMMONS SHIPPENSBURG, PA 17257 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: Patriot Federal Credit Union P. O. Box 778 Chambersburg, PA 17201-0778 Asset Acceptance LLC c/o Fulton Friedman & Gullace 130B Gettysburg Pike Mechanicsburg, PA 17055 David R. Galloway, Esquire 54 E. Main Street Mechanicsburg, PA 17055 Rose Acceptance Inc. 241 East Saginaw P. O. Box 980 East Lansing, MI 48826 Louis M. Vitti, Esquire Vitti Vitti and Associates 215 Fourth Avenue Pittsburgh, PA 15222 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 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 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 306 WALNUT STREET SHIPPENSBURG, PA 17257 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and. belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authoriti Lem ' aller PA Y.D. #15700 rcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:November 20, 2014 MIDFIRST BANK, VS. COLBY D. NEIL AND CYNTHIA E. NEIL, TAKE NOTICE: PLAINTIFF DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-4509 CIVIL 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, March 04, 2015 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: 306 WALNUT STREET SMPPENSBURG, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 14-4509 CIVIL JUDGMENT AMOUNT $173,165.88 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: COLBY D. NEIL AND CYNTHIA E. NEIL :r 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 lot of ground with the buildings and improvements thereon erected, situate on Walnut Street, formerly Long Avenue, in the Borough of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: On the North by Walnut Street, formerly Long Avenue; on the East by lot now or formerly of J. Eldon Long and wife; on the South by a public alley; and on the West by lot now or formerly of Joseph Sheeler Estate; said lot having a uniform width of thirty five (35) feet from Walnut Street, formerly Long Avenue, aforesaid, to the alley and having a depth of one hundred fifty (150) feet from the said street to the alley; and being Lot No. 37 in a plan of building lots laid out by Philip Harman, Trustee of C. Long, and of record among the Deed records of Cumberland County, Pennsylvania in Plan Book No. 1, Page 37. HAVING THEREON erectd a dwelling known as 306 Walnut Street, Shippensburg, PA 17257. PARCEL NO. 32-34-2413-136 BEING the same premises which Helen R. Long by Deed dated March 1, 2006 and recorded March 3, 2006, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 273, Page 2028, granted and conveyed unto Colby D. Neil and Cynthia E. Neil, his wife. TO BE SOLD as the property of Colby D. Neil and Cynthia E. Neil, his wife on Cumberland County Judgment No. 14-4509 Civil. 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. COLBY D. NEIL AND CYNTHIA E. NEIL WRIT OF EXECUTION NO 14-4509 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: $173,165.88 L.L.: $.50 Interest PER DIEM OF $17.46 TO SALE DATE 3/4/2015 - $3,754.11 Atty's Comm: Atty Paid: $270.55 Plaintiff Paid: Date: 11/25/14 Due Prothy: $2.25 Other Costs: ESCROW DEFICIT - $2,661.59 Day ..0. Buell, Pr';honotary (Seal) By: 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 MIDFIRST BANK, COLBY D. NEIL AND CYNTHIA E. NEIL, ,PLAINTIFF VS. DEFENDANT(S) IN THE COURT OF COMMON PLEAS Y. • " CUMBERLAND COUNTY, PENNSYLVAJA -, CIVIL ACTION LAW NO. 14-4509 CIVIL MORTGAGE FO PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) COLBY D. NEIL AND CYNTHIA E. NEIL for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: RECLOSURE Unpaid Principal Balance Interest Per diem of $17.46 From 05/01/2013 To 08/01/2014 Corporate Advance Escrow Deficit' Suspense Credit 5% Attorney's Commission TOTAL $154,504.17 $7,979.67 $1,170.00 $2,140.47 -$353.64 $7,725.21 $173,165.88 **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 & HALLER By Leon P. Hall Y'' A I.D. # 15700 1719 No Front Street Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, PLAINTIFF Vs. COLBY D. NEIL AND CYNTHIA E. NEIL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-4509 CIVIL IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on September 19, 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 P. PA I.D. # 15700 Attorne for Plaintiff • Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 1-4 MIDFIRST BANK, Plaintiff VS. COLBY D. NEIL AND CYNTHIA E. NEIL Defendants DATE OF THIS NOTICE: September 19, 2014 TO: COLBY D. NEIL 126 W. BURD STREET SHIPPENSBURG, PA 17257 CYNTHIA E. NEIL 1012 DEERFIELD COMMONS SHIPPENSBURG, PA 17257 COLBY D. NEIL 306 WALNUT STREET SHIPPENSBURG, PA 17257 CYNTHIA E. NEIL 306 WALNUT STREET SHIPPENSBURG, PA 17257 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-4509 CIVIL 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, KRU By LEON P. ' ALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 HA ER M1DFIRST BANK, COLBY D. NEIL AND CYNTHIA E. NEIL, PLAINTIFF VS. DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-4509 CIVIL MORTGAGE FORECLOSURE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN I, LEON P. HALLER, Attorney for the Plaintiff in the above matter, being duly sworn according to law, hereby certify that the Plaintiff has complied with¥the procedurs. required by Pennsylvania Act 91 of i983 (Homeowners` Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. Sworn to and subscribed before me thi V day : of 20 77 : Notary ' blic CO y►gALTILQESNNSYLVANIA� NOTARIAL SEAL MARYLAND K. FERRET . Wary Pub( c Lower Paxton Twp., Dauphin County My Commission Expires August 08, 2010 MIDFIRST BANK, PLAINTIFF VS. COLBY D. NEIL AND CYNTHIA E. NEIL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-4509 CIVIL IN MORTGAGE FORECLOSURE -o CT! CTl . 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 this COMMONWEALTH NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Mild Lower Paxton lWp., Dauphin County My Commission Expires August OS, MS HALLER, ESQUIRE MIDFIRST BANK, PLAINTIFF vs. COLBY D. NEIL AND CYNTHIA E. NEIL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-4509 CIVIL 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 swornaccording 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 ReliefAct. A copy of the search through the Defense Manpower Data Center website is attached. Sworn to and subscribed before me thi day '1 ALT: 0 NSYLVANIA NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public ' Lower r-saxten Twp., Dauphin County f lf Commiss!on Expires August 08,2018 P. HAL ER, ESQUIRE Department of Defense Manpower Data Center Status Report Pursuant to ,Servicermerm'bers Civil Relief Act Last Name: NEIL First Name: CYNTHIA Middle Name: E Active Duty Status As Of: Nov -21-2014 Results as of : Nov -21-2014 05:57:56 AM SCRA 3.0 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 ori the Ace Du Status Dale Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA rr. - ,.:.NA ".: ,:'`-i ,, - 5 No ... NA This response reflects where the individual left active duty status within 367 days preceding therActive 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 i .. NA `�. ' 1 `No ;i NA This response redacts whether thew_ indNidual or hislher unit has received eailynotificaUoh loreport for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the formation 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 1 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or, any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.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: 5FECR8DCCOC3LCO Department of Defense Manpower Data Center Status Report. Pursuant to Servicemembers Civil Relief.Act Last Name: NEIL First Name: COLBY Middle Name: D Active Duty Status As Of: Nov -21-2014 Results as of : Nov -21-2014 06:02:27 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - - - - No 0,- NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date ( Status Service Component NA NA - - - - No NA I 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 Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA `. NA • •Noy :, NA This response reflects whether the Individual or his/her unit has received early notification toreportfor active duty t `cwt •• y - 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/PC09SLDR.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: DF24B88CG0C7560 MIDFIRST BANK, PLAINTIFF VS. COLBY D. NEIL AND CYNTHIA E. NEIL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 14-4509 CIVIL IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on against you in the above -captioned matter: 11\asIN the following judgment has been entered $173,165.88 and for the sale and foreclosure of your property 1ated at. 06 WALNU STREET SHIPPENSBURG, PA 17257 Dated: November 20, 2014 Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 xr- PROTHONOTARY I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236 COLBY D. NEIL 126 W. BURD STREET SHIPPENSBURG, PA 17257 COLBY D. NEIL 306 WALNUT STREET SHIPPENSBURG, PA 17257 CYNTHIA E. NEIL 306 WALNUT STREET SHIPPENSBURG, PA 17257 CYNTHIA E. NEIL 1012 DEERFIELD COMMONS SHIPPENSBURG, PA 17257 Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com MIDFIRST BANK, Plaintiff vs. COLBY D. NEIL AND CYNTHIA E.NEIL, Defendants TO THE PROTHONOTARY: record. L ,i ..:T7�} TA ..:TICE R 20 15 Jiili -9 F11 3: 53 PEI :1.,,, rD C OUI,.T ° •,ply �� 1sIL.VNIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 2014-4509 IN MORTGAGE FORECLOSURE PRAECIPE Please mark the judgment entered in the above captioned case satisfied of PURCELL, KRUG & LER By Leon P.Haller ID #15700 Attorney for Plaintiff Date: December 16, 2014 Dov‘OOP R97E7 sb.f• Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY rE OF %3,u .I„ n.l;✓I� Midfirst Bank vs. Cynthia E. Neil (et al.) Case Number 2014-4509 SHERIFF'S RETURN OF SERVICE 12/22/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. 01/09/2015 Service Withdrawn by Attorney and Returned by the Sheriffs Office. 01/09/2015 Service Withdrawn by Attorney and Returned by the Sheriffs Office. 01/09/2015 Service Withdrawn by Attorney and Returned by the Sheriffs Office. SHERIFF COST: $76.50 SO ANSWERS, January 09, 2015 RONKS' R ANDERSON, SHERIFF (r.) Co:jntySu:U: s�eriff, 'T'eleosc,it, Inc. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OFT:frE S-HTRIFF n.. I 3 .' 4 Cf abs FIA L; PENNSYLVANIA Midfirst Bank vs. Cynthia E. Neil (et al.) Case Number 2014-4509 SHERIFF'S RETURN OF SERVICE 12/22/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. 01/09/2015 Service Withdrawn by Attorney and Returned by the Sheriffs Office. 01/09/2015 Service Withdrawn by Attorney and Returned by the Sheriffs Office. 01/09/2015 Service Withdrawn by Attorney and Returned by the Sheriffs Office. SHERIFF COST: $79.25 SO ANSWERS, January 13, 2015 (c:) %oun vSt..0e Sharift, Telecsoft inc RONY R ANDERSON, SHERIFF fd sa a iodi 4 if '4 3$ L` 3/s'66? 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. COLBY D. NEIL AND CYNTHIA E. NEIL WRIT OF EXECUTION NO 14-4509 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: $173,165.88 L.L.: $.50 Interest PER DIEM OF $17.46 TO SALE DATE 3/4/2015 - $3,754.11 Atty's Comm: Atty Paid: $270.55 Plaintiff Paid: Date: 11/25/14 (Seal) 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 Due Prothy: $2.25 Other Costs: ESCROW DEFICIT - $2,661.59 David D. well, Prothotary By: Deputy " Fac Cs V RE,C C. "T O In Te 'i.-no,iy evhereof, 1 Isere unto set my hand and the seal of said Court at Carlisle, Pa. This _c25 day of NOV- , 20 Prothonotar